KING WILLIAM COUNTY SHERIFF'S OFFICE

GOALS AND OBJECTIVES

PRIMARY GOAL: The King William County Sheriff's Office role is to enforce the law
in a fair, courtesy and impartial manner, recognizing both the statutory and judicial
limitation of it’s authority and the constitutional rights of all individuals. It is not the role
of the King William County Sheriff's Office to legislate, to render legal judgement or to
punish.

I. FUNCTIONAL OBJECTIVES:

A. PREVENTION OF CRIME: The primary responsibility of upholding the

law lies not with the law enforcement officer, but with the people. Since
crime is a social phenomenon, then crime prevention is and should be the
concern of every person in our society. Society employs full-time
professional law enforcement officers to prevent crime, to deter it, and
when that does not succeed, to apprehend those who violate the law.

Crime is a symptom of our society, which is not the responsibility of the

Sheriff's Office to cure. The Sheriff's Office is responsible, however, for
interacting with the community to generate mutual understanding to
ensure that there will be public support for crime prevention. Community
involvement is essential to facilitate a free flow of information between
the public and the Sheriff's Office to assist in the identification of problem
areas and to inform the public of crime statistics, patterns and trends.
Additionally, knowledge of the community is necessary so that each
employee may be instilled with a sense of concern for the crime problems
and law enforcement needs generated in the community.

B. DETERRENCE OF CRIME: Crime is curbed by the potential criminal

being fearful of his/her immediate apprehension or by the increased
likelihood of detection. Deterrence of crime requires the observation and
the investigation of behavior, which reasonably appears to be criminally
directed.

In deploying patrol units to inspire the public’s confidence in the King

William County Sheriff's Office's ability to ensure a peaceful
environment, a balance must be attained between the desirable deterrent
effect of a visible patrol and the undesirable appearance of oppression.

C. APPREHENSION OF OFFENDERS: The administration of criminal

justice consists of the identification, arrest, prosecution, punishment, and
rehabilitation of the violator, the objective of which if voluntary
compliance with the law. Once a crime has been committed, it is the duty
of the Sheriff's Office to initiate the criminal justice process by
identifying, locating and arresting the perpetrator. It is also the duty of
this office to obtain the necessary evidence, and to cooperate in the
prosecution of the case.

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 D. RECOVERY AND RETURN OF PROPERTY: The actual cost of crime
is difficult to measure; there can never be a simple dollar value assigned to
the injured bodies, devastated lives, and the human misery which are the
products of crime. However, it is possible to observe the steadily rising
costs of lost, damaged and stolen property. This loss, as well as the other
associated costs of crime, is unfortunately and ultimately borne by the
victims. To minimize the losses due to crime, the King William County
Sheriff's Office shall make every reasonable effort to recover lost or stolen
property, to identify its owner, and to ensure its’ prompt return.

E. MOVEMENT OF TRAFFIC: To facilitate the safe and expeditious

movement of vehicular and pedestrian traffic, the Sheriff's Office is
charged with the responsibility for traffic law enforcement. To enforce
compliance with traffic laws and to develop driver awareness of the causes
of traffic accidents, the King William County Sheriff's Office shall
appropriately warn, cite, or arrest traffic law violators. Traffic accidents
are investigated to protect the rights of the involved parties, to care for the
injured, and to determine the causes of accidents so that corrective steps
and methods of prevention may be developed.

F. PUBLIC SERVICE: Often, due to the fact that there are no other public
or private agencies available, the public relies upon law enforcement for
assistance and advice in routine and emergency situations.

II. RESOURCE OBJECTIVES:

A. DEPARTMENTAL PERSONNEL: Law Enforcement officers are

frequently required to make rapid decisions that will affect human life and
liberty with no opportunity to seek advice and very little time to weigh any
alternatives.

Law enforcement requires that an officer have the stamina, intelligence,

moral courage, and emotional stability necessary to deal with the human
being fairly and impartially. To obtain the caliber of personnel necessary
for professional law enforcement, it is essential that the King William
County Sheriff's Office aggressively pursue a program of providing equal
employment and promotional processes.

B. UTILIZATION OF RESOURCES: Law enforcement is one of the most

necessary, yet expensive and complex services provided by the County.
The quality and the extent of the service provided are limited by the
availability of resources. To ensure that the highest level of service is
provided, the King William County Sheriff's Office will make use of the
most efficient and effective management and budgeting techniques
available.

Signature: J.S. “Jeff” Walton Date: July 1st 2018

Sheriff
.
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 The
King William County
Sheriff's Office

Agency Mission Statement

King William Sheriff’s Office is a progressive agency,

which is committed to providing the highest level of public safety and
protection to all county residents and guests.
This will be accomplished by being proactive in crime prevention;
to fairly and impartially enforce local, state and federal laws;
to be continually interactive with all aspects of our community;
and to maintain irreproachable professionalism, respect, fairness and integrity
by all personnel.

Reviewed without change January 1st 2018 by Sheriff J.S. Walton.

 Law Enforcement Code Of Ethics

"As a law enforcement officer, my fundamental duty is to

serve mankind; to safeguard lives and property; to protect
the innocent against deception, the weak against oppression
or intimidation, and the peaceful against violence or
disorder; and to respect the constitutional rights of all
men to liberty, equality, and justice.

"I will keep my private life unsullied as an example to

all; maintain courageous calm in the face of danger, scorn
or ridicule; develop self-restraint; and be constantly
mindful of the welfare of others. Honest in thought and
deed in both my personal and official life, I will be
exemplary in obeying the law of the land and the
regulations of my department. Whatever I see or hear of a
confidential nature or that is confided to me in my
official capacity will be kept ever secret unless
revelation is necessary in the performance of duty.

"I will never act officiously or permit personal feelings,

prejudice, animosities, or friendships to influence my
decisions with no compromise for crime and with relentless
prosecution of criminals. I will enforce the law
courteously and appropriately without fear or favor,
malice, or ill will, never employing unnecessary force or
violence and never accepting gratuities.

"I recognize the badge of my office as a symbol of public

faith, and I accept it as a public trust to be held so long
as I am true to the ethics of police service. I will
constantly strive to achieve these objectives and ideals,
dedicating myself before God to my chosen profession--law
enforcement."

Continued adoption and use by the King William Sheriff’s Office authority of
Sheriff J.S. Walton January 1st, 2018
 POLICY & PROCEDURE SERIES #101 PAGE 1 OF 5
SUBJECT
EFFECTIVE DATE
7/1/2018
ORGANIZATION & AUTHORITY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.01.01, ADM.02.01
ADM.07.01, ADM.07.02
ADM.07.03, ADM.07.04
ADM.08.01

I. PURPOSE:

The purpose of this order is to describe the organization of the King William
County Sheriff’s Office, outline its rank structure, and assign responsibilities,
functions, and duties.

II. POLICY:

The Office of Sheriff is established by state law (Virginia Code §§ 15.2-1609)

and consists of a Sheriff and other full- and part-time Deputies and non-
sworn employees as determined by the Compensation Board and the county
Board of Supervisors. The chief executive is the Sheriff, elected by the
voters of the county. The Sheriff, in turn, appoints Deputies who are charged
with enforcing the laws of the Commonwealth of Virginia and all the
ordinances of the County of King William. The jurisdiction of the Sheriff’s
Office is limited to 300 yards beyond the county boundary, except when
another department requests assistance, or when enforcing laws on property
owned by the county but outside its boundaries. The organization of the
Sheriff’s Office shall support the effective and efficient accomplishment of
departmental responsibilities and functions according to community-oriented
policing principles. Prior to any employee who has been appointed as a
deputy regardless of rank shall take an oath to enforce the law, uphold the
Constitution of the United States and the Constitution of the Commonwealth
of Virginia, and to faithfully and impartially discharge all duties incumbent
upon them to the best of their ability.
(ADM.01.01)

III. PROCEDURES:

A. Organizational Structure

1. The Sheriff is responsible for the direction of all activities of the

Sheriff’s Office. This direction is accomplished through written
POLICY & PROCEDURE SERIES #101 Page 2 of 5

and oral orders as well as by personal leadership. Written orders

take the form of rules and regulations, and other directives as
needed.
(ADM.07.01)

2. The department consists of a Sheriff, Captain, Lieutenant,

Sergeants, Investigators and as many Deputies as the Sheriff
determines, with available funding, are required to protect and
serve the community and otherwise support or carry out the
department’s objectives.
(ADM.07.04b)

B. Chain of Command

1. The Sheriff has full control over departmental activities. In the

absence the Sheriff, the Captain shall take command and notify
the Sheriff of all major decisions that the Captain may make. If
the Sheriff and the Captain are not available, then the Lieutenant
shall take command until a ranking officer is available, and shall
make any necessary reports to the Sheriff.

(ADM.07.02a)

2. Supervisors shall, without specific instructions, undertake the

required details and assignments necessary to carry out the
business of the department. Supervisors shall be guided in the
assignment of personnel by the number of officers available for
duty and the necessity to assign them as needed.

C. Span of Control

For any major event in which all or most of departmental personnel

will be on duty, plans for the major event will clearly delineate the
command structure and outline the span of control.

D. Authority & Responsibility

1. At each rank within the department, personnel are given the

authority to make necessary decisions for the effective
performance of their responsibilities. Through problem solving
POLICY & PROCEDURE SERIES #101 Page 3 of 5

policing, the department is committed to fostering an

organizational climate that rewards employees for initiative,
innovation, citizen involvement, and problem solving.
(ADM.02.01)

2. Each employee shall be held accountable for the use of, or

failure to use, delegated authority. Any employee with questions
concerning his or her delegated authority shall refer the matter to
the on-duty supervisor or the Sheriff for prompt resolution. Legal
questions may be referred to the commonwealth’s attorney. For
the purposes of this order, “employee” refers to both sworn and
non-sworn members of the department.

3. All employees shall report any gross or improper use of authority

or failure to accept the authority through the chain of command
immediately.

4. Supervisors are held strictly responsible for the condition and

preparedness of the personnel assigned to him or her.
(ADM.07.04c)

5. Supervisors are responsible for the good order and sanitary

condition of the department offices, vehicles, and equipment.

6. Supervisors are responsible for the efficiency, discipline, and

morale of employees under their charge. Supervisors shall
investigate or cause to be investigated all complaints by citizens
and allegations of employee misconduct.

7. Supervisors shall ensure that employees have been supplied

with all appropriate written orders and shall instruct them
thoroughly on all oral and written orders. Supervisors shall
regularly review and instruct subordinates in pertinent laws,
ordinances, and necessary skills.

8. Each employee is responsible to only one supervisor at any

given time.
(ADM.07.04a)

9. Supervisors shall closely monitor the performance and behavior

of all probationary employees assigned to them. As appropriate,
supervisors shall submit detailed, written reports which describe
probationers’ appearance, intelligence, discipline, efficiency,
initiative, and general adaptability to police work, and shall offer
POLICY & PROCEDURE SERIES #101 Page 4 of 5

a recommendation about offering the employee permanent

employment.

E. Direction, obedience to orders

1. As the chief executive of the department, the Sheriff has full

authority and responsibility for the management, direction, and
control of the operation and administration of the department.

2. All employees shall obey a lawful order of a supervisor, including

any order relayed from a supervisor by an employee of the same
or lesser rank.
(ADM.07.04d)

3. If an employee is given two apparent lawful but different orders

that may be in conflict, the last order given shall be complied
with unless the order is retracted or modified. In the event an
employee receives conflicting orders, the employee shall inform
the person giving the last order the conflict of orders. That
person giving the conflicting order shall resolve the conflict by
retracting, modifying or requesting the employee to comply with
the latter order. In the event the conflicting order is altered or
retracted, the employee will not be held responsible for
disobedience of the order or directive previously issued.

(ADM.07.04e)

4. Although each divisional component is under the direct

command of only one supervisor, (ADM.07.04a) any member of
the department in a supervisory position may, in an emergency
situation or under circumstances where the interest and welfare
of the Department or public are in jeopardy, assume command
over a subordinate outside of his/her pyramid of authority without
violating the unity of command principle.

(ADM.07.02b,c)

5. The conditions, which must exist to justify “cutting across the

lines of authority or command” must be decided by the
individual. Accordingly, he must be prepared to defend whatever
position is taken and immediately thereafter, or as soon as
possible, advise the person in direct command of the
subordinate of the actions and its justification.

(ADM.07.02b)
POLICY & PROCEDURE SERIES #101 Page 5 of 5

6. No employee shall knowingly obey any order which is contrary to

law or ordinance. Any questions in the area shall be
immediately brought to the attention of the immediate supervisor
in order to seek resolution of the conflict in orders.

F. Organizational Chart

The attached chart denotes the chain of command and intra-

department relationships.
(ADM.07.03)

G. Classification of Employees

The department shall maintain current job descriptions for each

employee. The descriptions may be found in the Appendix.

(ADM.08.01)
 POLICY & PROCEDURE SERIES #101A PAGE 1 OF 3

SUBJECT EFFECTIVE DATE

1/1/20
LIMITS OF AUTHORITY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.01

I. PURPOSE:

The purpose of this Written Directive is to define the legally mandated authority
for the enforcement of laws; to set forth guidelines concerning the use of
discretion by King William Sheriff's Office officers; and to define the authority,
guidelines, and circumstances when officers should exercise alternatives to
arrests and pre-trial confinement.

II. POLICY:

The United States Constitution guarantees each citizen a variety of rights which
protect them from government intervention. Accordingly, these rights place on
the police the authority to enforce these laws at the national, state, and county
levels.

III. PROCEDURES:

A. Police Authority to Enforce Laws:

Va. Code § 15.1-138 gives Sheriff's deputies the authority to enforce the
criminal laws of the Commonwealth and ordinances and regulations of the
county in which they are appointed.

B. Limitations on Police Authority:

Limitations on police authority are derived from statutes; federal, state,

and local judicial interpretation of laws; opinions of the Attorney General
and Commonwealth Attorney; Sheriff's Office policies/rules and
regulations; and county administrative decisions.

Statutory Limitations: These limitations include, but are not limited to:
POLICY & PROCEDURE SERIES #213 Page 2 of 3

1. Enforcement of laws outside of the county limits: Va.

Code §19.2-249 grants authority to enforce state laws 300 yards
beyond the boundaries of the county.

2. Sheriff's Office rule on leaving the county: While on duty,

an employee shall not leave the county limits without authorization
of his supervisor, except in immediate pursuit of a person to be
arrested or cited.

C. Changes in Laws/Interpretation Limitations:

Periodically, changes take place which may impose new limitations on

police authority or remove or alter existing limitations. Should immediate
changes in Sheriff's Office operations be required, such information may
be received orally and confirmed in writing.

D. The Use of Discretion by Deputy Sheriffs:

Deputy Sheriffs, by the nature of their job, are constantly afforded

opportunities, as well as required, to exercise discretion in the
performance of their duties. The King William Sheriff's Office provides
officers with written policy and procedures, directed patrol assignments,
and training, to aid them in making decisions which call for the use of
discretion in performing their duties.

E. Alternatives to Arrest/Pre-Arraignment Confinement:

1. Under certain circumstances, officers are faced with

situations where no criminal laws have been violated and arrest
and pre-arraignment is not necessary. When these situations arise,
officers may elect to exercise certain alternatives such as referral to
a social service agency. Examples may include:

a. Mentally or emotionally disturbed persons

b. Domestic situations where counseling may be appropriate

c. Juvenile offenders in which there has been no violation of

the criminal law

d. Transient persons who need shelter, food, etc.

2. Authority to Issue Summonses in Lieu of Arrest/Confinement:

Va. Code § 19.2-74 authorizes officers to issue a summons in lieu

 POLICY & PROCEDURE SERIES #213 Page 3 of 3

of arrest for persons charged with a misdemeanor criminal offense

except DUI and Drunk In Public. Additionally, § 19.2-74 authorizes
the use of summonses when enforcing county ordinances.

F. Judicial Limitations:

1. Courts constantly interpret laws that place limitations on the authority of

law enforcement. The most common is the Miranda Rights warning which
involves the Fifth Amendment right against self-incrimination. Police
officers are sometimes in doubt as to when or if they should advise an
individual of his Miranda warnings. While Miranda deals with in-custody
interrogation, the question of when "custody" applies arises. The Miranda
Rule should be applied in all cases where custody has occurred, or is
about to occur. Miranda warnings shall be given to all non-English
speaking and hearing-impaired persons in such a manner that they are
clearly understood by same. This may be accomplished in writing or using
a translator.

2. To achieve uniformity and ensure that individuals receive their Miranda

Warnings, deputies will be issued cards with the Miranda Warnings and
Waiver - Notification of Rights on them.
 POLICY & PROCEDURE SERIES #102 PAGE 1 OF 2

SUBJECT EFFECTIVE DATE

7/1/2018
CODE OF ETHICS
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.01.02

I. PURPOSE:

To establish support for and adherence to the prescribed Law Enforcement

Code of Ethics.

II. POLICY:

It shall be the policy of the King William County Sheriff’s Office that all
officers will abide by the basic tenets set forth in the Law Enforcement
Code of Ethics. (ADM.01.02)

The public demands that the integrity of deputies is above reproach. For this
reason, the dishonesty of a single deputy can impair public confidence and cast
suspicion upon all members of the Department. Deputies must avoid conduct,
which might compromise their integrity or the integrity of their fellow deputies.

The Law Enforcement Code of Ethics was adopted to provide police officers
guidance by which to live and work. Just as other professional men and women
take oaths to their duty, so must you to yours as a deputy sheriff.

LAW ENFORCEMENT CODE OF ETHICS

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve

mankind, to safeguard lives and property, to protect the innocent against
deception, the weak against oppression or intimidation, and the peaceful
against violence or disorder; and to respect the constitutional rights of all
men to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain

courageous calm in the face of danger, scorn, or ridicule; develop self-
restraint; and be constantly mindful of the welfare of others. Honest in
thought and deed in both my personal and official life, I will be exemplary
in obeying laws of the land and the regulations of my Department.
Whatever I see or hear of a confidential nature or that is confided to me in
my official capacity will be kept ever secret unless revelation is necessary
in the performance of my duty.
POLICY & PROCEDURE SERIES #102 Page 2 of 2

I WILL never act officiously or permit personal feelings, prejudices,

animosities or friendships to influence my decisions. With no compromise
for crime and with relentless prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor, malice or ill will, never
employing unnecessary force or violence and never accepting gratuities.

I RECOGNIZE the badge of my office as a symbol of public faith, and I

accept it as a public trust to be held so long as I am true to the ethics of the
police service. I will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen profession…Law
Enforcement. (ADM.01.02)
 POLICY & PROCEDURE SERIES #102A PAGE 1 OF 11
SUBJECT EFFECTIVE DATE
7/1/2018
CODE OF CONDUCT
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

POLICY

This policy establishes standards of conduct that are consistent with the values and mission of the King
William County Sheriff’s Office and are expected of all agency members. The standards contained in this
policy are intended to be guidelines identifying many of the important expectations concerning Agency
members’ conduct. This policy is not an exhaustive list of expectations. In addition to this policy,
members are subject to all other policies contained in the King William County Policies and Procedures,
agency’s directives, as well as any additional guidance on conduct that may be disseminated by the agency
or agency supervisors.

The agency seeks to ensure that the performance of its employees is characterized by lawful actions
carried out in an exemplary fashion. To this end, the Agency expects its personnel to maintain the
highest standards of conduct at all times, while on duty or off duty.

Violations of the Code of Conduct, the King William County Sheriff’s Office SOP Manual, King William
County Policies and Procedures, or local, state, or federal laws will result in disciplinary or corrective
action in accordance with this policy and P&P 125 Disciplinary Action.

ACCOUNTABILITY STATEMENT

All Agency members are expected to comply fully with the guidelines set forward in this policy.
Supervisors are responsible for ensuring that any alleged violation of policy is investigated and
appropriate training, counseling, and/or disciplinary action is initiated. This directive is for internal use
only and does not create a higher standard of safety or care in an evidentiary sense, with respect to third
party claims. Violation of this directive, if proven, can only form the basis of a complaint by the
Agency, and then only in a non-judicial administrative setting.

REGULATIONS

VIOLATION OF RULES

Members shall not commit any acts, or fail to perform any required acts, that constitute a
violation of any of the rules, regulations, directives, SOPs, policies, or orders of this
Agency or the County of King William, whether stated in the Code of Conduct or
elsewhere.

REPORTING FOR WORK

Members shall report for duty (to include off-duty work) at the time and place required by
assignment or order and shall be physically and mentally fit to perform their duties. They
shall be properly equipped and cognizant of information required for the proper performance
of duty so that they may immediately assume their duties. Judicial subpoenas, as well as
pre-set court dates by either warrant or summons, shall constitute an order to report for
duty under this section.
When working an off-duty assignment, Deputies are expected to respond to any lawful
request for service, either handling it themselves or personally seeing that it is handled.
There should be no further necessity on the complainant's part to contact other Deputies
unless the provision of such assistance would be detrimental to the responsibilities of the
off-duty assignment.

NEGLECT OF DUTY

Members shall perform their duties in a manner that will maintain the highest standards
of effectiveness in carrying out law enforcement agency objectives. Members shall give proper
attention to their duties and obligations of their position and assignment (including any
temporary assignment) and shall effectively address situations they encounter. Members
shall not engage in any activities or personal business that would cause them to be
neglectful of, or inattentive to, duty.

Neglect of duty may be demonstrated, among other things, by the following:

a. Failure to perform satisfactorily task(s) at a level reasonably expected of a member

in that position/assignment (including those of off-duty jobs when associated with
the member’s law enforcement duties and responsibilities) or of an individual
member based on their experience, training, or demonstrated abilities;

b. Failure to take appropriate and sufficient action when investigating a crime or

responding to a situation that requires deputy attention;

c. Failure to complete assigned tasks within a reasonable time frame; or

d. Sleeping on duty (to include while working off-duty jobs tied to employment with
the Agency).

GAMBLING

Members shall not engage or participate in any form of illegal gambling at any time.

Members shall not participate in the Virginia state lottery or other forms of legal
gambling while in uniform, operating an agency vehicle, or while on duty or when
working in an off-duty capacity.

VEHICLE OPERATION

Agency vehicle operation is critical in performing the mission of the Agency and is the
sole responsibility of the operating officer. It is imperative that each officer realize that
the operation of the vehicle is always in public view and often scrutinized by citizens.
Deputies shall obey Virginia state laws and all rules, regulations, directives, Standard
Operating Procedures (SOPs), policies, or orders of the Agency. Agency members will
exercise good judgment and appropriate caution when operating a vehicle. The operation
of any computer equipment, wireless devices, radios, or any other electronic equipment is
secondary to safety.
The unpredictability of the driving situations faced by a deputy requires that all
precautionary measures be utilized. All persons riding in deputy vehicles shall utilize their
seat belt.

Deputies engaged in emergency response (emergency lights and siren) shall operate their
vehicle with due regard for their safety and the safety of others. Deputies shall adhere to
the traffic law exemptions in accordance with Code of Virginia Section §46.2-920. Deputies
cannot provide assistance if they do not arrive on the scene safely.

Any deputy, when operating a vehicle in an emergency response, who approaches a

school bus in any direction and that school bus is stopped or about to stop for the purpose
of picking up or discharging students, shall bring the vehicle to a complete stop prior to
reaching the school bus. The officer shall not proceed until such time as the school bus
driver has signaled the deputy that it is safe to proceed, and the deputy has checked to
ensure that no students are about to cross or are in a position that would endanger their
lives should the emergency vehicle proceed. Deputies who engage in a pursuit, who
approach a school bus under the circumstances above, or approach an “Active School
Zone” shall immediately terminate their participation in the pursuit.

An off-duty deputy operating a privately-owned motor vehicle shall not engage in traffic
enforcement.

IMPROPER ASSOCIATION

Members shall avoid association or dealing with persons whom they know are under
criminal investigation or indictment, or who are known to that member to have a
reputation in the community or the agency for present involvement in an illegal criminal
behavior, except as necessary to the performance of official duties, or where unavoidable
because of family relationships of the member.

Members shall not knowingly visit, enter, or frequent a house of prostitution or establishment
wherein the laws of the United States, the state, or local jurisdiction are regularly
violated, except in performance of duty or while acting under proper and specific orders
from their immediate supervisor.

INTERFERENCE

Members shall not interfere with cases being handled by other members of the agency or by
any other governmental agency unless:

e. Ordered to intervene by a superior officer (i.e., supervisor, training officer,

 Academy Staff, etc.); or,

f. The intervening officer believes beyond a reasonable doubt that a manifest

injustice would result from failure to take immediate action.

Deputies shall not undertake any investigation or other official action not part of their
regular duties without obtaining permission from their superior officer unless the
exigencies of the situation require immediate deputy action. If immediate action is
required, notification to an on-duty Agency supervisor shall occur once the situation is
under control.

ENDORSEMENTS AND REFERRALS

Members shall not recommend or endorse to citizens in an official capacity the employment
or procurement of a particular product, professional service, or commercial service (such
as attorney, ambulance service, towing service, bondsman, mortician, etc.)

To avoid the possibility of the appearance of conflict of interest or “kickback”

arrangements, members are prohibited from recommending to citizens particular products or
services related to the performance of their duties.

Members shall not authorize the use of their names, photographs, or official titles that
identify them as agency members, in connection with testimonials or advertisements of
any commodity or commercial enterprise, without approval of the Sheriff.

IDENTIFICATION

Members shall furnish their last name, badge number, and assignment to any person
requesting such information regarding matters in which the member was acting in an
official capacity. Names will be provided in a manner that is sufficient to fully identify
the employee. The exception to this is if the release of the information would jeopardize an
active investigation or operation or the safety of the members involved.

REWARDS, GIFTS, AND FAVORS

Members shall not:

g. Offer or accept anything of value in consideration of obtaining employment,

appointment, or promotion from any person within the Agency or with any outside
entity.

h. Offer or accept anything of value in consideration of using their public position to

obtain a contract for any person or business.

i. Accept any money, loan, gift, favor, service, business or professional opportunity
that reasonably tends to influence the member in the performance of official
duties.
j. Accept anything of value that would cause a reasonable person to question the
member’s impartiality in a matter affecting the donor.

k. Accept directly or indirectly, anything of value from any person engaged in or

suspected of any illegal activity.

PAYMENT OF DEBTS

Members shall not undertake any financial obligations that they know or should know they will
be unable to meet and shall pay all just debts when due. An isolated instance of financial
irresponsibility will not be grounds for discipline except in unusually severe cases;
however, repeated instances of financial difficulty may be cause for disciplinary action.
Filing for a voluntary bankruptcy petition shall not, by itself, be cause for discipline.
Financial difficulties stemming from unforeseen medical expenses or personal disaster
shall not be cause for discipline, provided that a good faith effort to settle all accounts is
being undertaken.

PROFESSIONAL CONDUCT

While on duty or representing the Agency, members are expected to conduct themselves in a
professional manner. Members shall be responsive to the needs of the public by
rendering prompt and courteous service and consistently conducting themselves in a
manner that encourages public respect. Members shall not express any prejudice concerning
race, religion, politics, national origin, gender, age, disability, sexual orientation, gender
identity and expression, or any other protected characteristic. Members will treat all
persons with respect and will not use degrading, profane, abusive or defamatory language
when in contact with the public, toward other employees, or when in public view.

VOTER PARTICIPATION AND POLITICAL ACTIVITY

As a part of the community, law enforcement personnel are empowered to vote in local,
statewide and national elections in accordance with departmental policies and current laws in
a manner that is legal, transparent, and fair. Agency members are free to exercise
themselves as private citizens to the degree that the activity does not impair working
relationships of the Agency, impede the performance of duties, or undermine the
Agency’s ability to fulfill its mission and public service.

UNBECOMING CONDUCT

Members shall conduct themselves at all times, both on and off duty, in such a manner as
to reflect favorably on the Agency. Unbecoming conduct shall include any act or conduct
not specifically mentioned in another regulation that may bring the Agency into disrepute
or reflect discredit upon the individual as a member.

ABUSE OF POSITION

Agency members shall not use their official position (by direct request, by implication, or
by using their official identification cards or badges) for personal or financial gain, for
obtaining privileges not otherwise available to them except in the performance of duty, or
for avoiding consequences of illegal acts.

Members shall not engage in any activity that conflicts with the objectives or mission of
the Agency, damages the Agency’s image, or compromises its law-enforcement
authority.

CONFORMANCE TO LAWS

Members shall obey all laws of the United States and of any state and local jurisdiction in
which the member is present.

A conviction of any violation of law shall be prima facie evidence of a violation of this
section and appropriate disciplinary action may be taken by the Agency.

In order to protect members from allegations of impropriety and to monitor incidents

which reflect negatively or impact the Agency, any member receiving any legal notice or
summons shall forward a copy to the Sheriff when:

a. The member is charged with a criminal or traffic offense (except parking violations);

b. The member is named as a plaintiff or defendant in any civil proceeding; and/or

c. The member receives notification that their driver’s license is suspended/revoked.

Any member who receives a witness subpoena or a subpoena duces tecum in any civil
matter where the County of King William, or any of its employees, or elected officials is
a party shall provide a copy of the subpoena to the Sheriff upon receipt.

Members who become aware that they are or have been under investigation by a member
of a criminal justice agency for any violation of law will notify Sheriff in writing so any
alleged impropriety or allegation can be reviewed or further investigated.

Some instances are of minor concern to the day-to-day operations of the Agency;
however, when certain instances come to light, the Sheriff will be required to conduct a
review. If a member is convicted of a violation of law or their status in any incident is
believed to impact a member’s essential job function or responsibilities, the Sheriff shall
make a determination as to the members status.

Summonses received as part of a member’s normal duties and responsibilities, such as

for court appearances as a witness or as the arresting officer, are exempt from being
reported to the Sheriff.

IMPROPER SEARCH AND SEIZURE

Deputies shall not make any arrest, search, and/or seizure that they know or should know is
not in accordance with law and Agency procedures.
TREATMENT OF PERSONS IN CUSTODY

Deputies shall treat persons in their custody with appropriate care and concern for their
safety in accordance with law and Agency policies and procedures.

FAILURE TO SUPERVISE

A supervisor may be subject to disciplinary action for failure to supervise when

circumstances indicate that any member under their command or in their presence
had engaged in
misconduct, the supervisor reasonably knew, or upon reasonable inquiry should have
known, of the misconduct, and the supervisor failed to take appropriate action to remedy,
address, or prevent the misconduct.

A supervisor is responsible for overseeing and managing the work performed by any
member under their command. Supervisors who neglect their management responsibilities
(by, for example, failing to inspect documentation or address performance problems) may
also subject themselves to disciplinary action.

For the purposes of this directive, the term “any member under their command” should be
construed to mean not only members under the supervisor’s formal chain-of-command,
but also members whom the supervisor is responsible for supervising at the time of the
misconduct.

ISSUING UNLAWFUL OR CONFLICTING ORDERS

Supervisors shall not issue orders or directives that, if carried out, would result in a violation
of any law or conflict with department policy. Knowingly following an unlawful order or
order that conflicts with Agency policy is not a defense and does not relieve the member
from administrative discipline.

If a member doubts the legality of an order or if the member believes that the order
conflicts with policy, he or she shall ask the issuing supervisor to clarify the order. The
responsibility for refusal to obey rests with the member, who shall be required to justify the
refusal. Unless it would jeopardize the safety of any individual, members who are presented
with a lawful order that is in conflict with a previous lawful order, agency policy, or other
directive shall respectfully inform the issuing supervisor of the conflict. The issuing
supervisor is responsible for resolving the conflict.

A member receiving an unlawful or conflicting order shall, at the first opportunity and prior
to the conclusion of the tour of duty in which the order was given, report the fact in writing
to the Sheriff of through the chain of command . This report shall contain facts of the
incident and the action taken. A request for the release from such orders may be made at
the same time.
INTOXICANTS ON AGENCY PREMISES

Members shall not bring onto or keep any intoxicants on Agency premises, except when
necessary, in the performance of duty. Intoxicants shall not be transported in any Agency
or County-owned vehicle, on-duty or off-duty, except as necessary with official duties.

AGENCY EQUIPMENT

Members shall be accountable for the custody, condition, and appropriate use of issued
Agency equipment as well as Agency equipment assigned to them on a temporary basis or
made available to them for their use for specific periods or work assignments.
Equipment not issued to members, and not approved in writing by the Sheriff (or
designee), is unauthorized equipment and shall not be worn or used by any member of the
Agency.

INFORMATION SECURITY

Agency members shall comply with all County and Agency policies regulating
information technology. Agency members shall only access information in Agency databases
and sources for official agency business and in a manner that furthers official agency
business.

All Agency members shall treat the official business of the Agency as confidential.
Information regarding official business shall be disseminated only to those for whom it is
intended, in accordance with established procedures.

Members may only remove or copy reports, videos, audio recordings, and any other
official records from any Agency facility, database, or data source in accordance with
established procedures.

Members shall not divulge the identity of persons giving confidential information except
as authorized by proper authority.

SOCIAL MEDIA

Agency members who use social media and social networking in the course of their
official duties shall comport to the same requirements and expectations for professional
conduct as outlined in both County and Agency policies and procedures. Content posted
on social media pursuant to an Agency member’s official duties may not be protected by
the First Amendment and may result in disciplinary action up to and including
termination.

Agency members are free to express themselves as private citizens on social media sites
to the degree that the content does not impair working relationships of the Agency, impede
the performance of duties, or undermine the Agency’s ability to fulfill its mission and
public service. Agency members may not utilize personal social media accounts in a
manner which could lead the reader to believe such postings represent the official
positions of the Agency or the County of King William.
MISHANDLING OF CASES

The Agency will review any complaint brought to its attention concerning Deputies who
cause a case to be dismissed or not prosecuted because of mishandling. This type of
review may be initiated by any member of the court, any Commonwealth's Attorney, any
citizen, or any Agency member.

Violations of this regulation include, but are not limited to, performance deficiencies that
result in negative court outcomes. Mishandling of cases can also include failures in the
investigative process including, but not limited to, inadequacies in report taking and/or
improper follow-up on information.
UNSATISFACTORY PERFORMANCE

Members shall maintain sufficient competency to perform their duties and to assume the
responsibilities required of their assignment and position.

Unsatisfactory Performance may be demonstrated, among other things, by the following:

a. A lack of knowledge of the application of laws required to be enforced based on

the member’s position and assignment;

b. A demonstrated inability to perform satisfactorily assigned tasks after corrective

action has been taken to improve unsatisfactory performance or after the issue has
otherwise been identified and addressed with the member;

c. Repeated infractions of rules, regulations, directives, Standard Operating

Procedures, policies, or orders of this Agency; or

d. Lack of knowledge of the application of County Policies and Procedures and the
rules, regulations, directives, Standard Operating Procedures, policies, or orders of
this Agency.

PERSONAL INVOLVEMENT

Members shall not intervene or take a report in matters that personally affect them. No
member shall undertake any investigation or other official action in which that member
may have a personal interest in the outcome unless the exigencies of the situation require
immediate deputy action. The member shall contact on-duty personnel to handle those
situations that require deputy services. Members who undertake official action due to the
exigencies of the circumstance shall notify an on-duty Agency supervisor immediately.
Members who are unsure if this regulation applies to them in a situation shall contact an
on- duty supervisor.

DUTY TO REPORT

It is the responsibility of each member of the Agency to ensure that the organization’s
integrity remains intact. This is accomplished through the practice of the Law Enforcement
Code of Ethics and working within the color of law. As such, members who witness or
have personal knowledge of an act committed by another member that constitutes a
violation of law or of any rules, regulations, directives, SOPs, policies, or orders of this
Agency shall report such violation to their immediate supervisor.

INSUBORDINATION

Insubordination is defined as a generally disaffected attitude and/or discontent against

those in authority. It may be demonstrated through failure to obey a lawful order
promptly or through an act of verbal or physical defiance, disgust, rebellion, disloyalty,
disrespect, or disapproval toward the authority or the order issued, regardless of
whether the order is
obeyed or not.

All personnel shall promptly obey any lawful order of a superior officer, whether
operational or administrative in nature. This shall include orders relayed from a superior
officer by an officer of the same or lesser rank.

Agency members shall not be insubordinate, as defined above, in their dealings with a
superior officer of this Agency.

RESPONSE TO RESISTANCE

It is the policy of the King William County Sheriff’s Office that Deputies hold the highest
regard for the sanctity of human life, dignity, and liberty of all persons. Deputies shall use
only the force that is objectively reasonable to effectively bring an incident under control,
while protecting the safety of the officer and others. Deputies shall use force only when
no reasonably effective alternative appears to exist and shall use only the level of force
which a reasonably prudent officer would use under the same or similar circumstances.

DUTY TO INTERVENE

Any sworn member who, while in the performance of their official duties, witnesses
another law-enforcement officer (regardless of agency) engaging or attempting to engage
in the use of excessive force against another person shall intervene, when such intervention
is feasible, to end the use of excessive force or attempted use of excessive force, or to
prevent the further use of excessive force.

Sworn members shall render first aid, as circumstances reasonably permit, to any person
injured as a result of the use of force.

Any sworn member who intervenes or witnesses another law-enforcement officer

engaging or attempting to engage in the use of excessive force against another person shall
report their intervention or their observation of the use, or attempted use, of excessive force
to an Agency supervisor, who shall handle it in accordance with P&P 125 Duty to
Intervene.

No Agency member shall retaliate, threaten to retaliate, or take or threaten to take any
disciplinary action against a law-enforcement officer who intervenes or makes a report
pursuant to this policy.

POSSESSION/USE OF DRUGS

Agency members shall comply with King William County Policies and Procedures.

No member on or off duty shall manufacture, distribute, dispense, possess or use or

cultivate marijuana (THC) in any form, marijuana products or edible marijuana products.

When a Agency member is prescribed any kind of medication or drug which may impair the
member’s ability to perform the essential functions of their job, the member shall notify
the Sheriff in writing prior to returning to work.

CONSUMPTION AND PURCHASE OF INTOXICANTS

Agency members shall not consume intoxicants while off-duty to the extent that evidence
of such consumption is apparent when reporting for duty or to the extent that the ability
to perform their duties is impaired when on-duty.

Members, unless in the performance of official business, shall not consume or purchase
any intoxicants while on-duty.

EQUAL EMPLOYMENT OPPORTUNITY/ANTI-HARASSMENT POLICY

It is the policy of the Agency that its members deserve an environment that is free from
all forms of discrimination and harassment. The Agency will not tolerate conduct that
constitutes, could lead to, or contributes to harassment as defined in the County's Policies
and Procedures. Disciplinary action will be initiated against members engaging in such
activities. Supervisors who are aware of such incidents and take no action will be
considered negligent in their duties and shall be subject to disciplinary action.

TRUTHFULNESS/FULL DISCLOSURE

All members, both sworn and non-sworn, shall truthfully state the facts in all reports, in
all statements made to supervisors, and when appearing before any judicial, departmental,
or other official investigation, hearing, trial, or proceeding. They shall cooperate fully in
all phases of such investigations, hearings, trials, and proceedings.

a. Agency members shall give complete and honest answers to any question related to
the performance of their official duties.

b. Agency members shall not give false information or omit pertinent information
when completing records relating to employment, promotion, or reassignment.

c. Agency members shall not falsify any department report, record, court document,
or time record.

d. Cheating on any examination is prohibited.

INEFFICIENCY

Agency members who display a pattern of actions involving poor judgment and
misconduct leading up to and resulting in disciplinary actions will be subject to
termination for inefficiency. The totality of disciplinary actions, number of and type of
incidents, including the nature and seriousness of each offense, will be weighed to
determine whether an individual’s action(s) meet the inefficiency threshold.
 POLICY & PROCEDURE SERIES #103 PAGE 1 OF 10
SUBJECT EFFECTIVE DATE
FIREARMS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.05.02a
ADM.06.01a, b, d
ADM.06.02a, b

I. PURPOSE:

To establish policy and procedure governing the care and maintenance of issued
weapons, the selection and use of holsters, off-duty weapons, firearms training, and
qualification.

II. POLICY:

A deputies’ firearm is perhaps the most commonly-perceived symbol of his

authority and role. In the interest of public safety and police professionalism, the
department sets herein high standards of performance for its personnel who use
weapons. The department's policy ensures that members are properly trained and
proficient not only in the use of appropriate firearms, but also in their maintenance.
In addition, the department believes that off-duty use of weapons, plus the selection
and wearing of on-and off-duty holsters must follow standards enforced by
supervisors and the department firearms instructor. Firearm training is an important
phase in the development of law enforcement officers, particularly with weapons
that are the most accessible to the deputy. All sworn personnel shall qualify
annually with his or her issued firearms and any personal off duty firearms. The
department shall use an approved range under the supervision of a certified
firearms instructor. Further, firearms qualification is a combination of skill and
discretion: When to shoot is perhaps as important a question as how to shoot.

(ADM.06.01a)

III. DEFINITIONS:

Off-Duty Firearms: A firearm that is approved by the department for the deputy to
carry off-duty in lieu of his/her department issued service weapon.

Long Gun: A firearm that is fired from the shoulder such as the department
shotgun or patrol rifle.

Firearms Instructor: Deputy certified by the Virginia Department of Criminal Justice

 POLICY & PROCEDURE SERIES #103 Page 2 of 11

Services as a Firearms Instructor and designated as such by the department.

IV. PROCEDURES:

A. Issuance & Guidance of Department Firearms

1. The Captain shall issue all firearms and maintain a record of such
issuance.

2. Department issued firearms that become damaged or unserviceable shall

be reported to the Captain or other supervisor immediately.

3. The official issued sidearm of the department is the SIG SAUER P226 and
P320 .40 caliber pistol. No deputy may carry any other firearm that is not
authorized by the department. This includes on and off duty.

4. The ammunition for the official sidearm is WINCHESTER RANGER 180

grain or ammo that may be approved by the Sheriff.

5. The shotgun of the department is a 12 gauge, pump action of approved

style, manufacturer, and barrel length. The shotgun shall be carried either
in an approved mount or case, safety on, chamber empty and loaded
with .00 buckshot. Ammunition shall meet and be approved by current
guidelines.

6. The department utilizes a 5.56 NATO patrol rifle of approved style,

manufacture, and barrel length. The duty ammo for the rifle is 55
grain .223 REM.

7. All ammunition shall be factory loaded.

8. Uniformed deputies carrying the .40SIG shall carry at least 13 rounds in

the weapon and 24 in the spare duty magazines.

9. Rifles shall be transported in either the vehicle mount or case, magazine

loaded in the magazine well with no round in the chamber. The weapon’s
safety shall be engaged. Once the rifle is removed with the anticipation of
official use the rifle shall be made ready to fire.
POLICY & PROCEDURE SERIES #103 Page 3 of 11

B. Security of Firearms

Deputies are responsible for the care and security of their assigned firearms.
Any damage, malfunction, or other matter rendering the weapon out of
service shall be reported to the Captain or immediate supervisor without
delay. Deputies are encouraged to take extra measures to secure their
weapon when not on duty. Any department owned weapon that is stolen
or is lost will be reported immediately to the Sheriff.

C. Department Firearms Instructor

The duties of the firearms instructor are:

1. To ensure that sworn personnel are qualified with issued and other
firearms annually

2. Maintain DCJS Firearms Instructor certification as required by state

standards

3. To inspect and certify all personally owned firearms are serviceable

and authorized for off-duty use prior to qualification

4. Any firearms found out of compliance to this policy by the firearms

instructor shall be reported to the Sheriff immediately.

D. Modifications of Firearms

Deputies are prohibited from modifying any departmental weapon without

express permission from the Sheriff. Any modification of personally owned
weapons shall be done at the expense of the individual deputy.

E. Rotation of Firearms

When assigned firearms are returned and/or reissued to another deputy, the
returning deputy shall submit the firearm for inspection to the Captain. The
Captain shall record the exchange and reissue and keep a record of such.

F. Off-Duty Firearms

1. Off-duty firearms, either revolvers or semi-automatic pistols and their

ammunition, are purchased at the deputy’s expense. Deputies may carry
a revolver no smaller than .38 caliber and no larger than .45 caliber.
Semi-auto pistols shall be no smaller than .380 caliber and no larger
than .45 caliber. All ammunition used by the deputy for off-duty use shall
POLICY & PROCEDURE SERIES #103 Page 4 of 11

be factory loaded. Prior to the deputy carrying an off-duty the deputy

shall;

a. Submit the firearm and holster to the firearms instructor for

inspection.

b. Qualify in accordance with DCJS regulations and department

policy. (ADM.06.02b)

2. Deputies shall not carry their off-duty firearm when socially inappropriate
or when consuming alcohol. The off-duty firearm shall be concealed from
normal public view. The deputy shall also ensure that they are in
possession of their credentials when carrying off-duty firearms.
(ADM.06.02a, b)

G. Inspection of Firearms

The department recognizes that the firearm is a mechanical device that

requires routine care and maintenance. The firearm is essential to the safety
to both the deputy and to the public they protect. Individual deputies shall
inspect their weapons routinely and ensure they are clean and in good
working order. Formal inspections may be done by a supervisor or firearms
instructor. The firearm may be open to inspection at the following times;

1. Semi-annual line inspections (P&P 116, Inspections)

2. Firearms qualification

3. Random inspection by a supervisor

H. Qualification Procedures

A. Rules of Qualification

1. All deputies shall be required to qualify annually with any issued or

off-duty firearm at an approved range under the direction of a DCJS
certified Firearms Instructor.
(ADM.06.01b)

2. No deputy shall carry any firearm without first being trained in this
policy and P&P 201, Use of Force. (ADM.05.02a)
(ADM.06.01a)

3. All qualification shall be done in accordance with VA Code § 9.1-

114 as amended, which establishes procedures for basic firearms
POLICY & PROCEDURE SERIES #103 Page 5 of 11

proficiency. (ADM.05.02a)

4. Deputies must achieve a passing score of at least 70% on all

handgun qualification courses and 70% for patrol rifle.

5. The firearms instructor shall be in charge at all times during

qualification or other firearms training.

6. Weapons should be inspected for service prior to qualification.

7. Safety on the firing range is the most essential element during

any firearms training. Participants shall refrain from any
horseplay during training. The firearms instructor shall have the
discretion to remove anyone from the range and shall report any
unsafe activity to the Sheriff immediately.

8. Deputies not on the firing line shall wait behind the qualification
area and not approach the firing line until directed by the instructor.
Non-law enforcement personnel are prohibited from the
qualification area unless approved by the firearms instructor.

9. Deputies will be given three (3) attempts to qualify with their

respective firearms. The deputy will be assigned to remedial
firearms training to in an attempt to correct the deficiency and
achieve a passing score on qualification. The Sheriff may assign
that deputy to a light-duty assignment at his/her discretion. Failure
to qualify means that the officer is out of DCJS compliance and
may result in termination of employment. If the deputy fails to
qualify with their off-duty firearm, they will be prohibited from
carrying it in that capacity.
(ADM.06.01d)

B. Courses of Fire (Qualification)

1. Department issued sidearm (SIG SAUER P226/P320)

a. The qualification course for the department issued sidearm

shall be the VIRGINIA 50 ROUND TACTICAL COURSE I.
See Attachment A

2. Off-Duty Firearms

a. The qualification course for any off-duty firearms shall be the

same as on-duty firearms. See Attachment B.

3. Shotgun
POLICY & PROCEDURE SERIES #103 Page 6 of 11

a. The qualification course for the department shotgun shall be the

King William Sheriff’s Office Shotgun Qualification Course. See
Attachment C.

4. Patrol Rifle

a. The qualification course for the patrol rifle shall be the FBI Patrol
Rifle Course. See Attachment D.
 POLICY & PROCEDURE SERIES #103 Page 7 of 11

Attachment A
KING WILLIAM SHERIFF’S OFFICE
VIRGINIA TACTICAL 50 QUALIFICATION I COURSE

Target Used: FBI “Q”

Rounds: 50 .40 ball ammunition
Qualification: Annually

PHASE 1: 7 YARD LINE

1. On command fire 2 rounds in 3 seconds for a total of 12 rounds. After each 2

rounds, holster, repeat until 12 rounds have been fired. Point shoulder
position

2. On command draw and fire 6 rounds in 8 seconds, point shoulder position.

3. On command draw and fire 4 rounds in 8 seconds, strong hand only, point
shoulder.

4. On command draw and fire 4 rounds in 10 seconds, weak hand only, point
shoulder.

PHASE 2: 15 YARD LINE

1. On command draw and fire 2 rounds in 3 seconds for 6 rounds, (optional to

holster after each 2 rounds)

2. On command draw and fire 6 rounds in 12 seconds

PHASE 3: 25 YARD LINE (45 seconds)

1. On command assume a kneeling position, draw and fire 6 rounds.

2. Fire 6 rounds, strong hand, standing behind a barricaded position.

SCORING: 5 points inside the bottle; 3 points outside the bottle. Multiply by .4 for
percentage.
 POLICY & PROCEDURE SERIES #103 Page 8 of 11

Attachment B
KING WILLIAM SHERIFF’S OFFICE
OFF-DUTY QUALIFICATION COURSE

Target Used: FBI “Q”

Rounds: 30
Qualification: Annually

PHASE 1: 7 YARD LINE

1. On command fire 2 rounds in 3 seconds for a total of 12 rounds. After each 2

rounds, holster, repeat until 12 rounds have been fired. Point shoulder
position

2. On command draw and fire 6 rounds in 8 seconds, point shoulder position.

3. On command draw and fire 4 rounds in 8 seconds, strong hand only, point
shoulder.

4. On command draw and fire 4 rounds in 10 seconds, weak hand only, point
shoulder.

PHASE 2: 15 YARD LINE

1. On command draw and fire 2 rounds in 3 seconds for 6 rounds, (optional to

holster after each 2 rounds)

2. On command draw and fire 6 rounds in 12 seconds

PHASE 3: 25 YARD LINE (45 seconds)

1. On command assume a kneeling position, draw and fire 6 rounds.

2. Fire 6 rounds, strong hand, standing behind a barricaded position.

SCORING: 5 points inside the bottle; 3 points outside the bottle. Multiply by .4 for
percentage.
 POLICY & PROCEDURE SERIES #103 Page 9 of 11

Attachment C
KING WILLIAM SHERIFF’S OFFICE
SHOTGUN QUALIFICATION COURSE

Target Used: FBI “Q”

Rounds: (5) Slugs – (5) 00 Buckshot
Qualification: Annually

PHASE 1: 25 YARD LINE

Three rounds standing two rounds kneeling

(5) Slugs

PHASE 2: 25 YARD LINE

Instructor calls 5 rounds while shooter advances from 25 to 15 yard line.

(5) Buckshot

SCORING: Minimum of 4 slugs and 36 pellets inside the “Q”

 POLICY & PROCEDURE SERIES #103 Page 10 of 11

Attachment D
KING WILLIAM SHERIFF’S OFFICE
PATROL RIFLE QUALIFICATION COURSE

Target Used: FBI “Q”

Rounds: 50
Qualification: Annually

PHASE 1: 50 YARD LINE (Empty rifle with bolt locked to rear)

1. On command, load rifle, fire 5 rounds from the prone position, APPLY
SAFETY

2. Move to the kneeling position, fire 5 rounds, move to the standing position,

3. From the standing position, fire 5 rounds

Total rounds: 15 in 60 seconds

PHASE 2: 25 YARD LINE

1. On command, fire 5 rounds from the strong side kneeling position, then fire 5
rounds from the standing position, RELOAD, then transition the rifle to the
support side shoulder and fire 5 rounds from the support side kneeling
position.

Total rounds: 15 in 45 seconds

PHASE 3: 15 YARD LINE

2. On command, fire 5 rounds from the standing position, then fire 5 rounds from
the kneeling position.

Total rounds: 10 in 15 seconds

PHASE 4: 7 YARD LINE

1. At each command of “FIRE”, the shooter will disengage the safety and fire 2
rounds in 3 seconds. Safety must be re-engaged after each 2 rounds.

Total rounds: 10

SCORING: Two points for each round inside the bottle. Must achieve 80% to
qualify.
POLICY & PROCEDURE SERIES #103 Page 11 of 11
 POLICY & PROCEDURE SERIES # 104 PAGE 1 OF 8
SUBJECT EFFECTIVE DATE
7/1/18
PERSONNEL SELECTION APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.01.01, PER.01.02
PER.01.03, PER.01.04
PER.01.05
PER.03.01a-d
PER.03.03a-e
PER.03.05

I. POLICY:

It is the policy of the King William County Sheriff’s Office to recruit and to select
the persons best qualified to perform its work. Responsibility for the selection is
shared with the Sheriff and selected department personnel who will be personally
involved in the selection process.

II. PURPOSE:

To provide a framework for the selection of Sheriff Office employees, as well as

specific regulations to guide daily personnel matters. These rules clarify
selection responsibilities, assign selection duties, and explain selection
procedures.

III. PROCEDURES:

A. Selection and Employment.

All appointments to the Sheriff’s Office shall be made according to

merit and fitness. Merit and fitness may be ascertained by
examinations which shall be approved by the Sheriff. Examinations
shall relate to those matters which will test fairly the capacity and
fitness of the candidates to discharge efficiently the duties of the
position for which the examinations are held. Examinations may be
written, oral, physical, or performance tests, or any combination of
these. Examiners will be trained in their respective areas of
testing. (PER.01.03). These tests may take into consideration such
factors as education, experience, aptitude, knowledge, character or any
other qualifications or attributes which in the judgment of the Sheriff
enter into the relative fitness of the applicant. Applicants will be notified
of examination dates. Examinations for purposes of selection are open
to all applicants who meet the qualification for the position being tested.
POLICY & PROCEDURE SERIES # 104 Page 2 of 9

1. The Written and physical agility test shall be administer by

Academy staff and witnessed by a supervisor with the Sheriff’s
Office.

2. All applicants taking the written test must achieve a 70 or better to

continue in the process.

3. Those passing the written will then take a physical agility test.

4. See attachment “A” at the end of this section for a copy of the hiring
process and explanation of the test.

B. Professional and Legal Requirements

1. Specific selection responsibilities of the Sheriff’s Office include,

but are not limited to:

a. Recruitment announcements

b. Application forms, physical examinations, correspondence

with applicants.

c. Disqualification of applicants

d. Preparation of relevant examination components and

procedures tailored to meet the specific needs of the
Sheriff’s Office to insure the employment of best-qualified
applicants.

e. Establishment and maintenance of eligibility lists, removal of

names from list, and annual purging of names from eligibility
lists.

f. Certification of eligibility

g. Processing of new employees

h. Recommendations to the Sheriff concerning establishing or

abolishing a position.

i. Recommendations to the Sheriff concerning recruitment

and selection, including examination components,
procedures, forms, etc.

j. Assisting in actual testing of applicants in necessary areas

and oral interviews.
POLICY & PROCEDURE SERIES # 104 Page 3 of 9

k. Conduct oral interviews with applicants on the basis of

standing in the eligibility.

I. Scheduling of applicants for elements of the process as

needed.

m. Selection and appointment of qualified applicants to be

recommended to the Sheriff.

2. The Sheriff is responsible for:

a. Ensuring that the selection process uses only those

components that have been documented as having validity,
utility, and a minimum adverse impact.

b. Ensuring that the validity of the selection process as a

whole, or individual components of the selection process, is
determined by content validation.

3. The Sheriff will ensure that adverse impact, if any, in the selection
process is measured by comparing the selection rates for each
race, sex, and ethnic group with the group having the highest
selection rate.

4. The Sheriff is responsible for the equal opportunity employment

and affirmative action programs of the office, and will ensure that:

a. Adverse impact is minimized in the selection process.

Selective recruitment will be used to correct adverse impact
inequities.

b. Records and data used to measure adverse impact are

maintained on file.

c. Any written selection tests are documented as having

validity, utility, and a minimum of adverse impact.

d. Materials obtained from private sector organizations, e.g.

multi-jurisdictional requirements of validity, utility, and
minimum adverse impact.

e. All elements of the selection process are administered,

scored, evaluated, and interpreted in a uniform manner and
that personnel representative of race, sex, and ethnic groups
in our service area are included in carrying out these
requirements whenever possible.
(PER.01.02)
POLICY & PROCEDURE SERIES # 104 Page 4 of 9

f. All selection materials will be stored in a secure area and, if

later “disposed of”, this action is performed in a manner that
prevents disclosure of the information therein.

5. The Sheriff will evaluate the selection process annually.

C. Administrative Practices and Procedures

1. Lateral entry is allowed at the entry level, or other levels approved

by the Sheriff, where the Sheriff evaluates prior law enforcement
service with another agency and can recommend appointment at
an increased salary level. The written and physical agility test are
waived for currently employed as Virginia D.C.J.S. certified law
enforcement officers, and those in the pre-employment program at
the Rappahannock Criminal Justice Academy. Lateral entry may
similarly be allowed in any civilian non-sworn positions where prior
experience may be evaluated.

2. The Office will normally allow candidates not yet appointed to

probationary status to reapply and be re-tested. Candidates who
have been rejected for cause (background investigation, etc.) will
not be allowed to reapply. Candidates rejected due to initial scores
being below cut off will be allowed to reapply and be re-tested after
six months from the date of testing.

3. The supervisor conducting the testing will ensure that at the time of
testing all candidates are informed of the selection process as well
as the duration (dates) of the components of the selection process.

4. Candidates determined to be not eligible for appointment and

candidates not approved to probationary status will be informed by
the department in writing, within thirty (30) calendar days of such
decision. (PER.01.04)

5. The Sheriff will ensure that records of candidates not appointed to

probationary status are filed, retained for a minimum of three years,
and disposed of in accordance with federal, state and local
requirements for privacy, security, and freedom of information. This
shall include test scores, background investigation results, interview
questions and any other pertinent records. (PER.01.05)

D. Background Investigations

1. The Sheriff will ensure that a background investigation is conducted

of each candidate prior to appointment but after a conditional offer.
Background investigations are conducted by the Investigators. The
investigation will use all data available on the candidate, especially
POLICY & PROCEDURE SERIES # 104 Page 5 of 9

the application form to include the information release form.

Investigations will be conducted in person, unless great distances
are involved, in which case, mail and telephone inquiries are
appropriate.

2. The purpose of the background investigation is to determine the

candidate's suitability for employment as a police officer. Va. Code
§ 15.2-1705 requires such an investigation. Among other things,
the background investigation must verify other State mandated
minimum qualifications for office including U.S. citizenship, possess
a high school education or have passed the General Education
Development exam (G.E.D.), and possess a valid Virginia driver's
license (may possess valid license from another state but will be
required to obtain Virginia license prior to employment).
(PER.01.01)

3. The background investigation of regular applicants will include the

verification of a candidate's qualifying credentials to include, at a
minimum:

a. Educational achievement - obtain copies of school

transcripts if possible. Contact school officials for personal
information.

b. Employment - verify employment references. If possible,

obtain supervisory evaluation of work performance and co-
workers comments.

c. Age/citizenship - verify birth, data, naturalization, etc.

d. Residence - verify current residence; contact landlords,

neighbors.

e. Credit history

f. Criminal history - obtain NCIC, state, local records to include

driving records, FBI fingerprint check and driving record.

g. Verification of at least three (3) personal references as

provided by candidate.

4. Background investigations conducted for applicants for civilian

positions with the department will also be conducted by the staff,
but will be reduced in scope. The intent is still to ensure that
persons employed with the department have suitable background
to ensure compatibility with the goals and objectives of the
department.
POLICY & PROCEDURE SERIES # 104 Page 6 of 9

5. The Sheriff will ensure that the record of each candidate's

background investigation is: (PER.01.05)

a. Maintained in each successful candidate's office personnel

file.

b. Maintained for a minimum of five (5) years in the disqualified

applicant files. Names of all new candidates will be
screened against available files. Where a prior file is found,
such information will be reviewed by the Sheriff or his
designee and used for determination as to further eligibility
for candidacy.

E. Panel Interviews

Panel interviews are one component of the selection process. The panel
is typically comprised of the Captain, Investigator, Sergeant and the
Records Manager. Questions during the panel interview shall be
consistent for all applicants.

F. Sheriff Interview

Applicants who have successfully completed the panel interview and are
selected by the panel to move forward in the process will be scheduled for
an interview with the Sheriff. Since the Sheriff is the final authority on all
personnel an interview with him will be required before any conditional
offer of employment.

G. Americans with Disabilities Act: Conditional Offer of Employment

Applicants selected for positions by the Sheriff will be offered a

Conditional Offer of Employment prior to any medical screening or
background investigation. The Conditional Offer of Employment is
conditional upon the successful completion of the following as determined
by the standards cited in the written job description for the position and all
applicable federal and state statutes and administrative regulations. The
Conditional Offer of Employment shall include, but not limited to:

1. All applicants receiving a conditional offer of employment shall

undergo a medical examination. Applicants attending the
Rappahannock Regional Criminal Justice Academy may be
required to provide results of that exam prior to beginning basic
training.

2. A drug screening conducted according to guidelines set forth by

The King William County Sheriff’s Office. Applicants who fail the
drug screening will have their conditional offer of employment
POLICY & PROCEDURE SERIES # 104 Page 7 of 9

terminated. Should an applicant fail to complete any of the above

requirements with the exception of those required by state law or
regulation, the Sheriff’s Office will investigate the circumstances to
determine if a reasonable accommodation can be made that will
permit the applicant to perform the essential job functions required
of the position without undue hardship or disruption to the Sheriff’s
Office. If such accommodation is not possible or practical or if the
applicant fails any requirements imposed by state or federal law or
regulation, the offer of employment may be withdrawn.

H. Occupational Qualifications

1. The Sheriff will ensure that all physical and age qualifications for
entry-level sworn positions meet the requirements of validity, utility,
and minimum adverse impact.

2. A medical examination of each candidate is required by Va. Code §

15.2-1705, prior to appointment to probationary status using valid,
useful and non-discriminatory procedures. All exams will be done
by a physician chosen by the Sheriff’s Office. This exam will be
done at the expense of the Sheriff’s Office.
(PER.01.01)
(PER.03.05)

a. A licensed physician will conduct physical examinations.

(PER.01.03)

b. The examining licensed physician will certify to the Sheriff

that the candidate is physically fit to perform the duties of an
officer.

I. Probationary Period

1. All officers are required to complete a 12-month probationary period

without exception and no extension for the probationary process is
provided.

2. During the probationary period all officers must complete the field
training program.

3. After completion of the field training program, probationary work

performance will be evaluated, using valid, useful, and
nondiscriminatory procedures.
POLICY & PROCEDURE SERIES # 104 Page 8 of 9

4. The Sheriff will ensure that the appointment rate of candidates from
probationary to permanent status meets the requirements of
minimum adverse impact.

J. Benefits & Compensation (PER.03.03a-e)

Every newly hired employee will be given information on the following

benefits provided by the County of King William:

1. Retirement – the retirement program is under the direction of the

Virginia Retirement System.
2. Health Insurance – The health insurance for county employees is
provided by Local Choice and may include the following:

a. Medical and routine vision through Anthem Blue Cross and

Blue Shield.
b. Behavioral health and EAP through ValueOptions, Inc.
c Prescription drugs through Express Scripts, Inc.
d Dental through Delta Dental Plan of Virginia

3. Disability and death benefits – under the direction of the Virginia

Retirement System

4. Liability protection – is provided by the Virginia Municipal League or

VML.

5. All salary actions whether for entry level, within ranks, between
ranks or for employees with special skills shall be done in
accordance with established county policies.

(PER.03.01a-d)

6. Compensatory time – It is the policy of the Sheriff’s Office to

compensate personnel as suitable as possible for all departmental
overtime work. Overtime must continue to be used wisely, as it has
been in the past, for us to carry out this policy. An employee has
the option to accrue up to 40 hours or be paid at the appropriate
rate.

It is the responsibility for the supervisor to ensure that overtime is

kept to a minimum and only approve that overtime which is
absolutely necessary. The office record/timekeeper will monitor
each employee’s total overtime on a monthly basis.
(PER.03.01e)

7. Overtime pay – The overtime rate is one-half times the regular

hourly rate of pay or time worked, in addition to the regular hourly
POLICY & PROCEDURE SERIES # 104 Page 9 of 9

rate or time worked. Overtime compensation is paid or granted in

accordance with applicable state and federal laws.
(PER.03.01f)
 POLICY & PROCEDURE SERIES #105 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
PROPERTY & EVIDENCE 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.16.01a-e
ADM.16.02a-h
ADM.16.03a-d
ADM.16.04a-c

I. PURPOSE:

The purpose of this order is to establish a lawful system for the safe and efficient
storage and retrieval of evidence or other valuable items that enter the custody of
this department.

II. POLICY:

It is the policy of the department that all evidence and property recovered or turned
into this agency be properly packaged, handled, recorded, stored, and accounted
for. All personnel shall maintain strict accountability for all property held as property
and evidence. In no way shall these policies and procedures be interpreted to
supersede any federal or state statute. These policies and procedures are
intended to comply with existing laws.

III. PROCEDURES:

A. Officer/investigator responsibilities:

1. The recovering officer shall be responsible to properly package and

label all items collected or recovered as property or evidence to
prevent any tampering, contaminating, or destruction of same.
Personnel should refer to the “Evidence Handling & Laboratory
Capabilities Guide”, published by the Virginia Department of
Forensic Science for further guidance on packaging requirements.

(ADM.16.01c)

2. Upon the recovery of any evidence and/or property, the recovering

officer shall list and describe all items recovered on the property and
evidence form and secure the item(s) prior to the end of their tour of
duty. If the property/evidence room is closed the officer shall secure
POLICY & PROCEDURE SERIES #105 Page 2 of 6

the items in a temporary locker. In the event that the evidence and/or
property taken cannot be secured in the temporary lockers the
recovering officer shall immediately notify the Property & Evidence
Custodian. If the PEC cannot be reached the officer shall notify their
supervisor. If the evidence or property requires storage at an
alternate site, i.e., vehicle, watercraft, etc., the recovering officer shall
document the location of the storage facility and secure keys in the
evidence room if applicable (ADM.16.01a)(ADM.16.02c)

3. All property and evidence and all related paperwork must be secured
immediately in the areas designated by the Sheriff.

4. Reporting officers shall, when possible, check all property against

NCIC or VCIN records.

5. For property that may be lawfully released to the owner, the

recovering officer shall attempt to notify the owner (by telephone or
letter) that the
department is holding their property and make arrangements to
return
the property to its rightful owner.
(ADM.16.01e)

6. The Sheriff’s designee shall check the files at least twice a year for
property and evidence that is unclaimed or of no further evidentiary
value, and to obtain from the recovering officer a signed release for
disposal. Officers shall then make arrangements for returning the
property to the owner.

7. The Sheriff’s designee shall ensure that final disposition of found,

recovered, and evidentiary property is accomplished within six
months after legal requirements have been satisfied and will report
any exceptions to this to the Sheriff.

8. An additionally secured area/locker shall be maintained within the

evidence storage area for the handling of exceptional, valuable, or
sensitive items of property. Any exemptions granted must have prior
approval. Granted written authorization will be placed in the incident
file. (ADM.16.01d)

B. Use of property and evidence forms and chain of custody:

1. The King William County Sheriff’s Office utilizes evidence bags and a
property and evidence form attached. The form shall be used for all
POLICY & PROCEDURE SERIES #105 Page 3 of 6

property coming into custody of the department. Additionally, the

Property/Evidence Custodian (PEC) shall enter the property and
evidence in the record management system (RMS).

2. Each property and evidence form shall receive an incident number

which will coincide with the incident report completed by the officer.

3. Officers will complete an Incident Report on which he/she will

describe each item of property obtained and the circumstances by
which the property came into the agency’s possession.
(ADM.16.01b)

C. Temporary release of property and evidence:

1. Officers are responsible for checking out needed evidentiary

materials
for investigative cases, or testimony purposes.
(ADM.16.02g)

2. The appropriate chain of custody forms shall be completed for check

out and return of property and evidence. (ADM.16.02g)

D. Final Release of Property/Evidence

Once the property or evidence held by the department is deemed to

be released to the rightful owner, the PEC will follow the following
procedures.

1. Schedule a time for the property to be released to the owner

or person designated by the owner.

2. The PEC will verify the identity of the owner/designee

3. Catalog all items being returned on the Release of

Property/Evidence form. The person receiving the property
will sign the form and receive a copy. A copy of the form will also
be filed in the original case file.

4. Items released shall have their statuses reflect such in the

RMS.
(ADM.16.02h)

E. Property/Evidence Custodian:

1. PEC shall be accountable for control of all property and evidence

POLICY & PROCEDURE SERIES #105 Page 4 of 6

stored within the property and evidence room, and shall ensure that
all stored property is properly documented.

2. PEC shall maintain an evidence room that is clean, orderly, and

secure and shall take necessary steps to ensure that property and
evidence in custody is being protected from damage, deterioration, or
theft.

3. Access to the evidence room shall be restricted to PEC personnel.

Access by all other persons is normally prohibited. All escorted
entries by persons not normally associated with the function into the
area must be documented.
(ADM.16.02d, e)

4. All property and evidence, both evidentiary and non-evidentiary shall

be stored in a designated secure area.

(ADM.16.02a, b)

5. The PEC shall be responsible for the maintenance of records on

recovered property indicating continuity of property and evidence
from entry into the system to its final disposition, for that property
which has been entered into the system. At least quarterly, the
Sheriff or his designee shall be responsible to conduct an inspection
of adherence to procedures used for the control of property.
(ADM.16.02f)
(ADM.16.03a)

6. Officers shall release property and evidence only to authorized

persons and may demand proof of authorization or identification of
the owner or investigating officer to whom they are releasing
property.

7. The property evidence custodian will conduct a documented

inspection, at least quarterly to ensure adherence to procedures of
the property and evidence function. (ADM.16.03a)

8. If the responsibilities of the property manager are transferred to

another individual, a complete inventory of property shall be
conducted jointly by the newly designated property manager and a
designee of the Sheriff, to ensure that records are correct and
properly annotated
(ADM.16.03b)

9. An annual audit of property and evidence shall be conducted by a

POLICY & PROCEDURE SERIES #105 Page 5 of 6

supervisor not routinely or directly connected with evidence control.

(ADM.16.03c)

10. Unannounced inspections of property storage areas will be

conducted and documented biannually as directed by the Sheriff.
(ADM.16.03d)

11. The PEC will transport all evidence requiring forensic testing to the
lab within a reasonable amount of time.

12. Money, which is submitted as evidence/property, or asset forfeiture,

will be logged into the property RMS Module and then relinquished,
as soon as possible, (no more than next business day), to the Sheriff
to be deposited within a separate Sheriff’s Office non-interest bearing
bank account. This will be accomplished by the property/evidence
custodian accompanying the Sheriff to the designated bank and upon
the deposit transaction being completed, the Sheriff will keep the
original record of that transaction and a copy of the transaction will be
forwarded to the records manager to place within the specific case
file. Due to extraordinary circumstances, when cash, that cannot or
should not be deposited i.e. still needed for prosecution, will be stored
in the evidence room. In such cases the money will be provided
additional security and placed with other evidence from the case
within the “high risk” portion of the evidence room.

13. Appropriate dispersal of any money will be done by the Sheriff at the
conclusion of the case.

14. The Evidence/Property Custodian will maintain a facility for the

storage of items of perishable nature needing refrigeration.

15. Money, firearms, jewelry and any or all items of value shall be
contained within the secure “high risk” section of the Evidence Room.

16. Weapons and Narcotics will be stored within their respective locked
storage areas located within the property/evidence “high risk” section.

F. Weapons:

1. Officers and employees of this department shall not under any

circumstances keep any weapon that is found, turned in, or
confiscated.

2. All weapons coming into the custody of this department shall be

immediately inspected to insure their safe storage. It is imperative
that all firearms be unloaded and placed in a secure firearms
POLICY & PROCEDURE SERIES #105 Page 6 of 6

evidence box before placing them in the locker. Once the firearm has
been deemed safe, the officer shall write “UNLOADED” and
“WEAPON MADE SAFE” on the evidence box.

3. All firearms coming into custody of the department shall be checked

by the recovering officer against NCIC/VCIN stolen files and
complete all forms as required.

4. All firearms that extract and eject casings (primarily semi-automatic

pistols and some shotguns and rifles) are to be submitted to the
appropriate regional lab of the Virginia Department of Forensic
Science (VA-DFS) for NIBIN testing. The evidence custodian shall
forward those firearms to the VA-DFS that are acquired as
“Evidence” or “Property.”

G. Drugs and narcotics:

1. The PEC shall submit all drug evidence to the lab for examination
within a reasonable amount of time.

2. Each time narcotics property is removed, the package or container

shall be inspected for tampering.

3. Seizures in excess of 10 pounds of controlled substances or

marijuana are addressed in Virginia Code Section 18.2-253.1. This
section sets forth disposal procedures for large amounts of controlled
substances.

H. Alcohol:

1. All property and evidence consisting of alcoholic beverages and their

containers must be sealed so that there is no chance of leakage
while in police custody.

2. Alcoholic beverages seized shall not all be considered contraband.

a. Contraband alcoholic beverages are those seized from

underage and/or interdicted persons (see Code of Virginia,
section 4.1-322) whose possession of alcoholic beverages is
in itself illegal.

b. Alcoholic beverages seized or recovered which are not

contraband or used for evidence shall be returned to the
owner or otherwise disposed of by the Property and Evidence
Custodian in accordance with the policies of this agency.
POLICY & PROCEDURE SERIES #105 Page 7 of 6

I. Destruction/Final Disposition of Property/Evidence

Destruction and/or final disposition shall occur within six months after legal
requirements have been met set forth in the Code of Virginia for the
following items;

1. Found property,
(ADM.16.04a)
2. Recovered property,
(ADM.16.04b)
3. Evidence that no longer holds any evidentiary value.
(ADM.16.04c)
 POLICY & PROCEDURE SERIES # 106 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
7/1/2018
WRITTEN DIRECTIVE SYSTEM APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.09.01 a-e
ADM.09.02 a-c

I. PURPOSE:

This regulation outlines the organization of the manual, its authority, and defines
the terms, policy, rule, and procedure.

II. POLICY:

Both professional law enforcement administration and the management of liability

require a manual that governs the activities of a sheriff’s office. A manual of
policies, rules, and procedures guides the day-to-day legal and ethical functioning
of a sheriff’s office. To that end, the King William County Sheriff’s Office activities
shall be reflected in this manual, and it shall apply to all employees both sworn and
non-sworn.

(ADM.09.01b)

III. DEFINITIONS:

A. Policy is a statement of the department's philosophy on a given issue.

Policy consists of principles and values which guide the performance of
department employees. Further, policy is based upon ethics, experience, the
law, and the interests and desires of the community.
(ADM.09.01a)

1. Each rule or regulation or general order will begin with an agency

policy statement.

2. Only the Sheriff approves policy.

B. A rule is a specific prohibition or requirement governing the behavior of

employees.

1. Rules permit little if any deviation there from.

POLICY & PROCEDURE SERIES #106 Page 2 of 4

2. Violations of rules normally result in administrative discipline.

C. A regulation, which may contain one or more rules, is an administrative

order governing organizational matters, e.g., leave policy, off-duty
employment, promotions.

1. Similar to rules, regulations permit little if any deviation therefrom.

Violations of regulations normally result in administrative discipline.

2. Only the Sheriff promulgates regulations. (ADM.09.01c)

D. A procedure defines a method of performing an operation or a manner of

proceeding on a course of action. It differs from policy in that it directs action
in a particular situation to perform a specific task within the guidelines of
policy.

1. Only the Sheriff may approve a procedure.

E. A memorandum either (1) provides useful, specific information to officers not

amounting to a formal order, or (2) constitutes a directive affecting specific
behavior for a specific event or period of time, and is usually self-canceling.

1. Memoranda are not part of this manual.

2. Memoranda may be issued by the Sheriff but may be issued by other

department members or agencies.

F. The manual is a collection of rules, regulations, policies and procedures of

the department.

G. A training order is an order issued to a department member to complete

training related to the performance of their duties. Training orders may be
amended or dismissed if circumstances related to their job have changed.
Training orders are not part of the department Policies & Procedures
manual.

IV. ORGANIZATION OF THE MANUAL

A. The manual is divided into the following chapters:

1. Administrative Procedures (100)

2. Operational Procedures (200)

3. Investigative Procedures (300)

POLICY & PROCEDURE SERIES #106 Page 3 of 4

4. Police Vehicle Procedures (400)

5. Planning & Analysis Procedures (500)

B. The Sheriff is the authority for any policy or procedure. Policies and
procedures are only valid when signed by the Sheriff. He/she may also
authorize a rule or regulation.
(ADM.09.01e)

C. Within the context of any rule, regulation, policy or procedure, the word
“shall” indicates an action or behavior is mandatory. The word “may”
indicates the action is optional.

D. Any employee of the department may suggest or recommend changes to

the department manual.

V. ACCESSIBILITY OF THE MANUAL

A. Each employee shall receive a copy of the policy and procedures manual,
and shall acknowledge, by signature, receipt of the manual and any
subsequent revisions. The manual may be distributed either manually or
electronically.

(ADM.09.01d)
(ADM.09.02c)

B. Each employee shall update their manual accordingly when revisions are
approved and disseminated by the Sheriff.

(ADM.09.01d)

C. Each employee shall regularly check their internal mailbox and information
board for new policies, procedures, rules, regulations, orders or
memorandum and sign for their receipt accordingly.
(ADM.09.01d)
(ADM.09.02b)
(ADM.09.02c)

D. Any rule, regulation, policy or procedure, or order shall be disseminated to

the affected personnel.

(ADM.09.02a)

VI. REVISONS TO THE MANUAL

POLICY & PROCEDURE SERIES #106 Page 4 of 4

A. The Sheriff shall be the final approving authority to issue updates and
revisions to the policy manual. When updates and revisions become necessary,
the Sheriff may solicit input from supervisors and other employees to shape these
new directives. Individuals affected by policy changes will be encouraged to
participate in the process.
(ADM.09.01d)
 POLICY & PROCEDURE SERIES # 107 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
DEPARTMENTAL TRAINING 7/1/2018
APPROVED
J.S, Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS TRN.02.01a-b
TRN.02.02
TRN.02.03
TRN.03.01a-c
TRN.03.02a-b
TRN.04.01a-d

I. PURPOSE:

The purpose of this regulation is to establish guidelines for career development of

employees to include training and promotions.

II. POLICY:

The department encourages employees to seek opportunities to develop their

knowledge, skills, and abilities. Although all officers must attend a basic academy
and periodic in-service training, the department nevertheless tries to arrange
participation in specialized or advanced training.

Training has often been cited as one of the most important responsibilities in any
law enforcement agency. Training serves three broad purposes.

A. Well-trained officers are generally better prepared to act decisively and

correctly in a broad spectrum of situations.

B. Training results in greater productivity and effectiveness.

C. Training fosters cooperation and unity of purpose.

The department recognizes the importance of training and is committed to

providing the best training available to all personnel.

III. PROCEDURES:

A. Training

Members of the King William Sheriff’s Office receive training by attending a

DCJS approved academy as well as in-service training and by attending
special schools that are held on different job related subjects throughout the
POLICY & PROCEDURE SERIES #107 Page 2 of 7

Commonwealth of Virginia.

1. Training Records

a. The Captain shall oversee the maintenance of a training

record, in each personnel folder, for all job related training, in-
house or not, which will include:

(1) Date of training and hours of attendance; (TRN.04.01b)

(2) Identification of trainers or agencies presenting the

course; (TRN.04.01c)

(3) Type and title of training received; (TRN.04.01a)

(4) Any certificate received;

(5) Performance of individual attained as measured by

tests, if administered, or competency.

(6) Names of all agency personnel receiving the training.

(TRN.04.01d)
b. The Sheriff will oversee the maintenance of an annual
inventory of the skills, knowledge and abilities of each
employee of which the above (training record information)
will be added.
(PER.05.03)

2. In-Service Training:

All sworn personnel of the department, will biennially, as required by

law, attend 40 hours of in-service training. Such instruction may
include:

a. Classes required at the direction of the Sheriff, or Captain or

regional training academy, such as:

(1) Supervisory and management training,

(2) Policy and procedure training,

(3) Any other training as deemed necessary,

(4) Newly enacted laws or revisions to laws, which may

be held annually.
(TRN.02.02)
POLICY & PROCEDURE SERIES #107 Page 3 of 7

b. Firearms training and qualifications.

c. Voluntary and required training.

3. Specialized In-Service Training:

Officers performing in a type of function which requires specialized

training will be trained so that they can develop or enhance the skills,
knowledge and abilities in that particular function. The training may
come through courses offered in different locations of the state or
country or through supervised on-the-job training.
(TRN.02.01a, b)
a. The Captain will review the written requests for training from
officers. A needs assessment and a check of the availability
of training will be conducted.

b. If the Sheriff sees the need for additional or different training

needs, based on performance evaluations, promotions, or
Career Development, the Sheriff may make training changes.

c. The following is a list of some of the departmental functions

that require specialized training:

(1) Supervisor skills,

(2) Management,

(3) Administration

(4) Investigative skills

(5) Field Training Officer

(6) Radar operator

(7) Intoxilyzer operator

(8) Certified DCJS Instructor

(9) NCIC/VCIN Certified

(10) Support services of the above functions

d. The department will facilitate training for all personnel who are
either reassigned or promoted related to their new
POLICY & PROCEDURE SERIES #107 Page 4 of 7

assignment.

(TRN.02.03)

4. In-house Training:

a. Any training in-house will be required by all personnel or

assigned to particular officers as needed.

b. In-house training will be assigned for new policy review,

needed training, changes in procedures or any other reason
deemed necessary by the Sheriff.

B. Training Programs:

1. Attendance

Members of the department are expected to attend any assigned

training programs. Attendance will be documented either by the
instructor or in cases where the training is at location other than the
department, documentation will be furnished by those responsible for
the training. There are cases where attendance at a training program
may be excused, i.e., for court appearance or illness. Any absence
must be properly excused by the administrators of the program
attended and must comply with directives under which the training
program is operated. The time lost must be made up before any
certificate of completion is issued. Certificates may be issued to
those students who complete any training program. Employees shall
provide a copy of the certification to the Sheriff for inclusion in the
employee's personnel file.

2. Performance-based Training

The Department of Criminal Justice Services requires performance-

based basic training. This method of training, used for all training,
requires the development of performance objectives. An employee
who develops an outline for instruction of a topic must develop
objectives which:

a. Focus on the elements of the job-task analysis for which

training is needed.

b. Provide clear statements of what is to be learned.

c. Provide the basis for evaluating the participants.

POLICY & PROCEDURE SERIES #107 Page 5 of 7

d. Provide the basis for evaluating the effectiveness of the

training program.

The use of performance objectives acquaints the training participants

with the information they are required to know, the skill that must be
demonstrated, and the circumstances under which the skills will be
used. This approach also enables the instructors to relate training
directly to the job performance that will be expected by supervisors.

3. Lesson Plans

a. Lesson plans are required for all training courses conducted or

sponsored by the department. It is the responsibility of the
individual instructor, whether a member of the department or
not, to provide the Sheriff or his designee with a copy of the
lesson plan for approval before each class.

b. The lesson plan should include a statement of performance

objectives, the content of the training, specification of the
appropriate instructional techniques, references, relationships
to the job tasks, responsibilities of the participants for the
material taught, and plans for evaluation of the participants.
The instructional techniques that might be used include:

(1) Conferences (debate, discussion groups, panels and

seminars);

(2) Field experiences (field trips, interviews, operational

experiences and operational observations);

(3) Presentations (lectures, lecture-discussion, lecture-

demonstration);

(4) Problem investigations (committee inquiry, critical

incidents);

(5) Simulations (case study, simulation, games and role-

play).

4. Instructors

a. Instructors for all department training programs shall:

(1) Have a minimum of 2 years law enforcement

experience; or
POLICY & PROCEDURE SERIES #107 Page 6 of 7

(2) Have completed an instructor's course and be certified

as an instructor; or

(3) Possess a demonstrated skill in area of instruction; or

(4) Be knowledgeable of teaching theories, methods, and

practices and have some knowledge of law
enforcement practices.

(5) Instructors enlisted from outside the department will be

selected by the Sheriff. The instructor must have
demonstrated skill in his/her area of instruction and
comply with requirements for lesson plans as
previously stated.

b. Before being allowed to instruct any state-mandated courses

at the department, instructors will receive, at a minimum,
training in the following subjects:

(1) Lesson plan development;

(2) Development of performance objectives;

(3) Instructional techniques;

(4) Learning theory;

(5) Testing and evaluation techniques;

(6) Resources.

c. Normally, officers selected and trained as instructors in a

particular subject will be expected to teach it when needed for
a minimum of two years.

5. Civilian Personnel

The Sheriff shall determine what pre-service and in-service training is

required, in accordance with state guidelines. (TRN.03.02a, b) The
Sheriff’s designee shall be responsible for the planning, conducting
and/or documenting of all training required for newly appointed
employees. All newly appointed civilian personnel will receive the
following training from the Sheriff or his designee:

a. Orientation to the department's role, purpose, goals, policies,

and procedures; (TRN.03.01a)
POLICY & PROCEDURE SERIES #107 Page 7 of 7

b. Working conditions, rules, and regulations; and

(TRN.03.01b)
c. Responsibilities and rights of employees. (TRN.03.01c)
 POLICY & PROCEDURE SERIES # 108 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
RECORDS MANAGEMENT 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.25.01 a-g
ADM.25.02 a-b
ADM.25.03 a-d
ADM.25.04
ADM.25.05 a-e
ADM.25.06
ADM.25.07 a-c
ADM.25.08 a-b
ADM.25.09 a-b
ADM.25.10 a-f
ADM.25.11

I. PURPOSE:

The purpose of this general order is to explain the departments’ record keeping
system.

II. POLICY:

The King William Sheriff’s Office participates in the National Uniform Crime
Reporting/Incident Based Reporting system and reports data via the Virginia
Central Criminal Records Exchange.

III. PROCEDURES:

A. Incidents required to be reported:

The King William Sheriff’s Office will report/document the following

incidents that are alleged to have occurred within the jurisdictional limits of
King William County as well as those that a deputy is assigned outside of
the county limits, when requested to do so by the Virginia State Police, or
another law enforcement agency.

1. Citizen reports of crime to include reports where the jurisdiction

cannot be determined; (ADM.25.01a)
(ADM.25.07c)

2. Citizen complaints; (ADM.25.01b)

3. When a deputy is dispatched or assigned; (ADM.25.01c)

POLICY & PROCEDURE SERIES #108 Page 2 of 6

4. Criminal and non-criminal cases initiated by law enforcement

officers; (ADM.25.01d,e)

5. Incidents involving arrests, citations, or summonses.

(ADM.25.01f, g)

B. Criminal Record System:

The criminal record system of the King William Sheriff’s Office is

compatible with the requirements of the Virginia Central Criminal Records
Exchange and records are accessible 24 hours a day.
(ADM.25.02a,b)

C. Automation (Departments Computer System):

1. The King William Sheriff’s Office Computer System maintains an

alphabetical master name index. The following files are
maintained: (ADM.25.04)

a. Incidents by type: (ADM.25.05a)

b. Incidents by location; and (ADM.25.05b)

c. Stolen, found, recovered and evidentiary property files.

(ADM.25.05c,d,e)
d. Incidents by date and time.

2. The Departmental Records Management System (RMS)

D. Field Reports: (ADM.25.07a)

1. The following reports and the information blocks on them will be

filled out if applicable. All officers are required to fill out the
following field reports for any criminal investigation that they
respond to or initiate as well as any vehicle accident:

a. Accident report (FR 300P) or Non-Reportable form

b. Incident report and supplemental report (IBR)

c. Field Contact

d. CCRE (SP-180)
POLICY & PROCEDURE SERIES #108 Page 3 of 6

e. Complaint Sheet

2. All reports will be reviewed by the Sheriff or his designee.

(ADM.25.07B)

a. The Sheriff will submit the report back to the officer for
corrections, if needed;

b. The Sheriff may assign the report to an Investigator for

follow-up or return it to the reporting officer.

c. The Sheriff or his designee will confer with the reporting

officer to determine the status of the report.

E. Privacy and Security of Records:

1. All records on adults and juveniles will be filed with the records
manager, who will maintain them in a secure file cabinet.
(ADM.25.03b )

2. Records maintained on adults and juveniles will not be released to

anyone except authorized officers or employees of criminal justice
agencies; except for those records/documents requested under
FOIA standards or through a discovery process. All requests by
either of these processes shall be forwarded to the Sheriff or the
records manager. (ADM.25.03d)

3. Adults:

a. Arrest records are maintained inside of the record manager’s

office and the security and control of the arrest records is the
responsibility of all employees.

b. Completed case files, fingerprints and photographs of an

adult will be given to the record manager, who will place
them in a secure file cabinet.

c. The record manager will maintain physical security of the

records and control access to the files.

d. When the court orders an expungement, the record manager

will delete all computer data related to the individual, pull all
records and place them in a sealed envelope, assign a
number to be placed on the outside of the envelope,
corresponding to a secure expungement list of names. The
POLICY & PROCEDURE SERIES #108 Page 4 of 6

sealed envelope will be placed in a separate file with access

only by order of the court.

4. Juveniles:

a. Completed case files of a juvenile will be given to the record

manager, who will place them in a secure file cabinet
separate from the adult records.
(ADM.25.03a)
b. The record manager will maintain physical security of the
records and control access to the files. (ADM.25.03c)

c. The record manager will purge the juvenile records at the

end of each month and remove records of those having
turned 18. Removed records are placed in archive.

E. Fingerprinting/Photographing/Case Files:

1. Anytime that an individual is arrested, a CCRE (SP-180) will be

completed. The arrestee will be photographed and the photo
should be forwarded to the record manager with the IBR.
(ADM.25.08b)

2. The computer generated case number will become the official

report number and the incident number for the CCRE. (ADM.25.06)
(ADM.25.08a)
F. Traffic Record System:

1. Traffic Accident Data:

All officers of the department use state form FR300P, to record

traffic accident data/information. This report is turned in for review.
When accepted, it is turned over to the office manager for filing and
safe keeping. (ADM.25.09a)

2. Citations/Arrest/Summons:

All citations/arrests/summons issued for traffic offenses are entered

in the Records Management System (RMS), and reports may be
retrieved from the system in many different forms.

(ADM.25.09b)

3. Roadway Hazard Reports:

All reports of roadway hazards are entered as a complaint into the

POLICY & PROCEDURE SERIES #108 Page 5 of 6

Computer Aided Dispatch (CAD) system and can be retrieved to

generate hazard reports when necessary.

4. Enforcement Analysis:

Information from concerned citizens as well as from any of the

above sources can be compiled so that a complete analysis can be
done on traffic accidents and locations where more traffic
enforcement is needed.

G. Warrants and Wanted Person Files:

1. Warrants and wanted person files are maintained and stored in the
Emergency Communications Center. This office is occupied and
under the control of the dispatchers.

2. Warrants are stored in the ECC and are accessible 24 hours a day.
(ADM.25.10f)
3. The Office Manager enters all warrants into the warrant module of
the departments’ computer system. Disposition is then added as
the warrant is served. (ADM.25.10c)

4. All outstanding warrants, where service is being attempted, are

physically kept within the Sheriff’s Office.

5. The wanted person file contains those warrants that are

outstanding and have not been served. The records are retained
until the file is purged in accordance with Code of Virginia 19.2-
76.1.

6. Prior to placing a warrant into the wanted person file, the dispatcher
or the data entry clerk enters the wanted person into VCIN/NCIC.
These entries are made in compliance with the VCIN Operating
Manual and the NCIC Operating Manual, as well as verifying the
information and canceling the information. (ADM.25.10a,d,e)

7. Any notice received from other jurisdictions, BOL’s or wanted

person notices are typed into CAD and maintained.
(ADM.25.10b)

H. Records Retention Schedule:

All records are retained indefinitely in the department’s archival system. If

when adequate storage area becomes an obstacle, items will be disposed
of in accordance with the schedules published by the Commonwealth of
POLICY & PROCEDURE SERIES #108 Page 6 of 6

Virginia, Records Management Division, “Records Retention and

Disposition Schedules.” (ADM.25.11)
 POLICY & PROCEDURE SERIES #137 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
7/1/2018
INFORMATION TECHNOLOGY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

This policy establishes guidance concerning the installation, operation,

maintenance and security of the computer systems in support of the King William
County Sheriff’s Office. Computer systems are defined as those components of
hardware, software and communications interfaces that support King William
County Sheriff’s Office functions. Software is a set of instructions the computer
uses to do a series of tasks.

II. POLICY:

The King William County Sheriff’s Office maintains computer systems support to
provide for increased effectiveness and efficiency of work effort, storage of data
and access to other information systems through communications interfaces. It
is the policy of the King William County Sheriff’s Office to: 1) control the
configuration of computer systems; 2) distribute software only in accordance with
license agreements; 3) ensure security and privacy of data stored on computer
systems operated by the Agency, and 4) limit the use of police computer systems
to official police business and other uses as permitted by the Sheriff.

Furthermore, system use is governed by Agency policies, County policies, local,

state and federal laws. Use of systems owned and operated by the Agency will:
1) be ethical; 2) be constrained in the consumption of shared resources; 3)
demonstrate respect for official information, ownership of data, and system
security mechanisms; 4) be respectful of individuals' rights to privacy and their
rights to freedom from intimidation and harassment.

III. PROCEDURE:

A. USE OF SYSTEM

1. The county Information Technology (IT) department provides network

administration and development services to the organization. All
aspects of the Agency wide area network to include system
planning, development, network communications, software,
hardware, end user training, and equipment installation are
coordinated through this activity.
2. In making appropriate use of Agency computer resources users are
POLICY & PROCEDURE SERIES #137 Page 2 of 7

to:

a. use resources only for authorized purposes.

b. protect against the unauthorized use of USER ID (members

are responsible for all activities conducted on their USER ID
or system).

c. access only files and data that are your own, that are
available to the public, or to which you have been given
authorized access.

d. use only legal versions of copyrighted software in

compliance with vendor license requirements.

e. be considerate in the use of shared resources. Refrain from

monopolizing systems, overloading networks with excessive
data or wasting computer time, connect time, disk space,
printer paper, manuals or other resources.

f. E-mail messages to be distributed County-wide must be

approved by a supervisor prior to distribution being made.

3. Unacceptable Practices

a. installing software or hardware without the System

Administrator's permission.

b. modifying computer systems files, such as modifying the

systems folders.

c. using screen savers or other program components with

passwords which prevent others from making use of the
system.

d. displaying, playing or transmitting materials that may be

considered offensive by others.

e. granting or otherwise allowing access to any Agency

computer or automated system by any outside agency
or individual(s) without the express written permission of
the Sheriff is prohibited.

f. making, storing, using or distributing illegal copies of

copyrighted software using the Agency's systems or
network.
POLICY & PROCEDURE SERIES #137 Page 3 of 7

4. Prohibited Uses

a. using another person's USER ID, password, files,

system or data without permission.

b. using computer programs to decode passwords or

access control information.

c. attempting to circumvent or subvert system security

measures.

d. engaging in any activity that might be harmful to

systems or to any information stored thereon, such as
creating or propagating viruses, disrupting services or
damaging files.

e. using Agency systems for partisan political purposes,

such as using electronic mail to circulate advertising for
political candidates.

f. making or using illegal copies of copyrighted software,

store such copies on Agency systems or transmit them
over Agency networks.

g. using mail or Messaging services to harass, intimidate

or otherwise annoy another person.

h. using the Agency's system for personal gain.

B. ENFORCEMENT

Violators are subject to disciplinary action as prescribed in the County

Employee Manual, Rules and Regulations and Agency Policies and
Procedures. Offenders can also be prosecuted under laws including (but
not limited to) the Civil Rights Act of 1871 (Title 42 U.S.C., Section 1983),
the Privacy Protection Act of 1974, the Computer Fraud and Abuse Act of
1986, the Computer Virus Eradication Act of 1989, the Virginia Computer
Crimes Act and the Electronic Communications Privacy Act.

IV. SYSTEM CONTROLS

A. INVENTORY CONTROL

1. The System Administrator maintains records of computer system

hardware and software.

2. Periodic inspections and inventories are performed to ensure that

POLICY & PROCEDURE SERIES #137 Page 4 of 7

computer system hardware and software components are

maintained and accounted for.

3. Isolated automated systems are periodically inventoried by the

Systems Administrator. The inspection ensures that all
components, media and documentation are properly secured and
maintained.

4. Individual user’s store and control expendable materials.

5. Software magnetic media and associated documentation is

controlled and stored by the System Administrator.

B. SYSTEM SECURITY

1. All users log off the Agency computers when they will be away from
their system for an extended period or if their system is accessible
to unauthorized users.

2. All users log off at the end of the work day using proper procedures
for the system.

3. Use of screen savers is mandatory. Screen savers protect both the

physical equipment and prevent unauthorized viewing of the
material presented on the monitor.

4. The System Administrator is responsible for automated systems

security procedures and practices. The System Administrator
enacts practices to prevent breaches in Software Security,
Hardware Security, and Procedural Security. All access to the
Agency's computer system and/or computers is approved by the
Sheriff as arranged and controlled by the System Administrator.
Requests for access for any outside individual or agency are routed
through the System Administrator.

5. The System Administrator will conduct an annual audit of the

automated systems to ensure verification of passwords and access
codes and to detect any access violations.

6. Data files will be backed up on a daily basis.

7. The Agency maintains and utilizes a separate computer terminal for

access of information through VCIN/NCIC. Only personnel certified
to access VCIN/NCIC will be allowed to do so. Further use of this
system shall be governed by rules and regulations set forth by the
Federal Bureau of Investigation and the Virginia State Police.
POLICY & PROCEDURE SERIES #137 Page 5 of 7

V. COMMUNICATIONS INTERFACES

A. The Agency computer systems may have access to various

communications interfaces (Internet, E-mail, Bulletin Board Services, etc.).
These interfaces provide the means to transfer data between the user and
the service provider. The ability to interact with communications interfaces
is system dependent.

B. The Internet is a world wide network interconnected by hundreds of data

communications networks. Approved users of the Internet are required to
sign an acceptable use agreement with Data Processing. When
accessing the Internet and its resources, the user represents the King
William County Sheriff’s Office and the community. Any violations of the
acceptable use agreement or other irresponsible actions by a user may
result in the Agency losing its Internet access or the user may be subject
to disciplinary actions.

C. Users must not use the computer system facilities to send obscene,
vulgar, intimidating or harassing messages.

D. Offensive materials take many forms in the world of computing and

networking. Originators have a responsibility to monitor their material so
that it is not obscene, vulgar or harassing. Users do not store offensive
materials (i.e., messages, pictures or suggestions) or download them to
the Agency system.

VI. SOFTWARE

A. All software for use on King William County Sheriff’s Office automated
systems is approved for use by the Systems Administrator.

B. All software is checked for computer virus infection before installation.

C. The unauthorized copying of copyrighted software is illegal. Users who

make and use illegal copies of software are subject to civil and criminal
penalties, as well as Agency sanctions and disciplinary actions.

D. Agency software media is maintained by the System Administrator in a

secure area away from general access.

E. Software purchase requests are coordinated and routed through the

System Administrator. Submissions are justified to provide a basis to
establish priorities and identify software needs. This ensures that the
software, once received, is installed on the appropriate server and provides
coordination of purchases from a limited budget.

F. All software development for the Agency is coordinated through the

POLICY & PROCEDURE SERIES #137 Page 6 of 7

System Administrator.

VII. TRAINING

The King William County Sheriff’s Office will assist employees with improving and
developing computer skills through a variety of computer training programs.
Training is achieved through individual user assistance, in-house training courses
and contract training.

A. Individual User Assistance - Knowledgeable unit personnel are to make

themselves available to assist less knowledgeable users in mastering
routine tasks. Additional assistance is also available from personnel from
other units that are educated computer users.

B. In-house Training - User training sessions sponsored by the Agency and

the County may be held. Trainers are sourced from Agency and County
personnel. Notice of available training sessions is coordinated through
Chief Deputy or his designee. This training is specific to the Agency and
County computer applications and is geared toward system and
application orientation and task proficiency.

C. Contract Training - The Agency may utilize contract training through area
software training firms for specific advanced application training. Notice of
available training sessions is coordinated through Administration. Users
interested in attending training submit a training request for the appropriate
course(s).

VIII. REPLACEMENT OF HARDWARE/SOFTWARE

When the need arises the Agency may replace damaged, disabled, obsolete, etc.
hardware and software. This shall be coordinated through the Administration
and the Sheriff. The Agency may on occasion donate or sell replaced hardware
to outside agencies or organizations. Before doing so the items in question shall
undergo sanitation to remove potentially sensitive material. The procedure shall
be documented and filed with the Agency.

VIIII. DISSEMENATION OF INFORMATION

Criminal History information from any of the Agency’s computerized systems

shall be used only for the Law Enforcement purpose for which the request
POLICY & PROCEDURE SERIES #137 Page 7 of 7

was made. Dissemination of such information outside of its intended Law

Enforcement use will result in disciplinary action, and possible criminal
prosecution. Once a criminal history has served its purpose they shall be
destroyed either by shredding or burning.
 POLICY & PROCEDURE SERIES # 110 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
7/1/18
FISCAL MANAGEMENT APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.15.01a-f
ADM.15.02a-d
ADM.15.03a-g
ADM.15.04

I. PURPOSE:

The purpose of this policy is to establish procedures and identify the authority
and responsibilities for the fiscal management of the King William County
Sheriff’s Office.

II. POLICY:

The Sheriff’s Office will support County objectives in fulfilling community service
demands through the annual formulation of a general fiscal plan and the
continuous management and control of fiscal activities.

III. PROCEDURE:

A. Budgeting:

1. The Sheriff shall have the ultimate authority and responsibility over
all fiscal matters of the Sheriff’s Office.

2. The Sheriff shall be responsible for annual budget development,

supervision of internal expenditures and maintenance of liaison with
other fiscal officers.

3. The Sheriff has organizational responsibility for the development of

capital, operating, and special fund budgets; and the
implementation of all fiscal matters to include payroll, procurement
and contract management.

4. The Sheriff will be responsible for fiscal monitoring. This will

involve assistance in budget preparation and extend to analysis of
work volume, manpower assessments, resource allocation and
funding levels established to sustain operations in the most efficient
manner.
POLICY & PROCEDURE SERIES #110 Page 2 of 4

5. The Sheriff will maintain an accounting system and monthly status

reports designed to provide: (ADM.15.02a-d)

a. The initial appropriation for each account

b. Balances at the commencement of the monthly period

c. Expenditures and encumbrances made during the period

d. Unencumbered balance.

B. Fiscal regulation and control:

1. The Sheriff is responsible for budget and procurement. This

includes budget development and implementation responsibility for
the Sheriff’s Office operating budget, Capital Improvement Program
budget, and various grant and agency funds. The Sheriff has
responsibility for the authorization of repairs and maintenance,
contracts, equipment, service purchase orders, and vendor
relations.

2. Personnel positions shall be controlled as they relate to budget

authorization through the County of King William.

3. In order to establish accountability and comply with funding

authorizations, the following procedures will be utilized for the
collection, safeguarding and disbursement of cash or checks:

a. Only the Sheriff will be authorized to accept or disburse

funds, with the following exceptions.
(ADM.15.03e)

(1) Administrative Assistant (records, accident report

copies, service fees for civil process)

(2) Property and Evidence Personnel (receipt, security

and processing of found/recovered/confiscated
monies)

b. Informant funds are administered in accordance with P&P#

306, Criminal Informants. (ADM.15.03c)

c. Appropriate financial statements will be prepared in

accordance with King William County reporting
requirements. Generally, the Sheriff shall be responsible for
POLICY & PROCEDURE SERIES #110 Page 3 of 4

the accuracy and validity of reports and cash transmittal

forms submitted to the County Treasurer or Finance
Department. (ADM.15.03d)

d. Internal audits shall be conducted in accordance with the

Sheriff’s Office administrative controls, inspections authority
and County internal auditing procedures.

e. The Sheriff shall keep account of all cash on hand in a

ledger book. The ledger shall show all monies received and
dispersed and current balance. (ADM.15.03a)

f. Cash received or dispersed will have a receipt showing its

deposit or withdrawal. The only cash accounts maintained
by the department are civil process.
(ADM.15.03b)

4. Internal monitoring of the Department’s cash funds will be

accomplished through a quarterly review and reconciliation. The
Sheriff will ensure cash funds are administratively reviewed.
(ADM.15.03f)

5. As a basis for determining the integrity of financial control

procedures, an annual independent audit shall be conducted.
(ADM.15.03g)

C. Purchasing:

1. The requisition and purchasing of Sheriff’s Office equipment and

supplies will be managed by the Sheriff.

2. The Sheriff’s Office will abide by established procedures of King

William County’s Purchasing Policy.

a. The King William County Purchase Order must accompany

specification for items requiring standardized purchase.
(ADM.15.01a)

b. Bidding procedures (ADM.15.01b)

(1) State bid will be used when possible.

(2) Bids will be obtained on other purchases when

deemed appropriate.

c. Criteria for the selection of vendors or bidders.

(ADM.15.01c)
POLICY & PROCEDURE SERIES #110 Page 4 of 4

3. Emergency purchasing or rental agreements for equipment shall be

made in accordance with existing County Purchasing Policy.
(ADM.15.01d)

4. Inventory control of Sheriff’s Office property, equipment and other

assets will be the responsibility of the Captain. (ADM.15.04)

a. Complete records shall be maintained of all property,

equipment and other assets.

b. The Captain shall be responsible for accountability,

maintenance, routine inspection and the operational
readiness of Departmental property, equipment and other
assets.

c. No department property or equipment (other than routinely

used expendable supplies) is to be loaned, given,
transferred or relocated to a unit or employee other than that
to which or to whom it has been assigned without first
notifying and obtaining electronic acknowledgement of the
change from the Sheriff.

5. Any request for emergency or supplemental appropriation or fund

transfer shall be made by the Sheriff to the County Administrator.
(ADM.15.01e)

6. Any service or maintenance agreements or any other contract shall

be done at the direction of the Sheriff and County
Administrator.
(ADM.15.01f)
 POLICY & PROCEDURE SERIES #111 PAGE 1 OF 9
SUBJECT EFFECTIVE DATE
11/1/2021
UNIFORM & APPEARANCE APPROVED
J.S. Walton, Sheriff

DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS

ALL MANUALS PER.03.04

I. POLICY:

King William County Sheriff’s Office members shall maintain their personal hygiene and
appearance to project a professional image appropriate for this agency and for the
assignment of the employee. The standards set forth are based upon safety, appearance
conformity, and social norms.

II. PURPOSE

The purpose is to establish employee guidelines regarding physical fitness and personal
grooming, as well as the wearing and maintenance of issued uniforms and equipment.

III. UNIFORMS:

A. GENERAL GUIDELINES FOR ALL UNIFORMS

1. Uniforms and equipment will be issued to appropriate employees in accordance

with criteria established by the Sheriff. Employees will be required to sign for
items issued to them.
PER.03.04

2. Only agency issued or approved clothing shall be worn. The King William
County Sheriff’s Office name and logos may not be duplicated onto non-issued
or unapproved clothing articles.

3. Agency uniforms are not to be worn outside of the normal scheduled hours
except as follows:
a. Appearing in court
b. Representing the agency at special ceremonies or events
c. Working agency approved off-duty jobs
d. Traveling to and from work

4. To promote public confidence and a positive professional agency image,

employees will maintain a proper appearance. Requirements for all employees
regarding uniforms:
PER.03.04
a. Uniforms will be kept neat, clean, well pressed and in good repair at all
 times. At least one uniform will be maintained in ready condition at all times
to assist with quicker response time in emergency call-back.
b. Leather gear worn with the uniform will be kept clean and polished.
c. Shoes or boots worn with the uniform will be shined. Boots must be of a
style that is approved by the agency.
d. Items will not be carried in the uniform pockets which will cause the pockets
to bulge excessively.
e. Uniform trousers should be worn to break very slightly at the instep.
f. No ornaments, patches, equipment, etc. will be worn on any part of the
uniform unless authorized by the Sheriff or designee.

5. Sworn personnel will wear the prescribed uniform when on duty, unless
otherwise authorized by their supervisor. Items of the deputy’s uniform will not
be worn in combination with civilian clothing, with the following exceptions:
a. Badge and agency ID
b. Issued handgun and ammunition
c. Issued handcuffs
d. Any other equipment that may be authorized by the Sheriff or designee

B. DEPUTY UNIFORMS AND CLASSIFICATIONS

1. Class A

a. The Class A (Winter) uniform can be worn anytime throughout the year. The
Class A (Winter) uniform is mandatory from November 15 th through March
1st.

b. Class A Winter
(1) Long sleeve uniform shirt with badge, nameplate, American Flag plate
(optional), and rank collar insignia (if appropriate)
(2) Tie (with approved tie-tac)
(3) Winter jacket with cloth badge
(4) Pins authorized by the Sheriff or designee

c. Class A Summer
(1) Short sleeve uniform shirt with badge, nameplate, American Flag plate
(optional), and rank collar insignia (if appropriate)
(2) Pins authorized by the Sheriff or designee
(3) White, or black t-shirt, visible at the neck.
(4) The winter jacket may be worn at any time with the summer uniform, if
necessary.
2. Class B

a. The issued class B uniforms may be worn in place of the A uniform except
for appearing for court cases.
b. If worn, the class B uniform long sleeve shirt shall be worn November 15 th
through March 1st without a tie.
c. Additional uniforms, such as training uniforms, may be issued, and approved
by the agency. Manner and style of dress will be determined by the Sheriff
 or his designee.
d. While attending trainings or meetings, personnel not assigned a training
uniform shall wear at a minimum, business casual style clothing to include
collared shirts and khaki style long pants.

C. DEPUTY UNIFORM ACCESSORIES

1. Leather gear and related items

The leather gear and related items will be worn with each deputy uniform and
will include, but may not be limited to, the following issued equipment.

a. black gun belt

b. holster
c. belt keepers (4)
d. service handgun
e. belt key keeper (optional)
f. handcuffs and case
g. chemical agent and case
h. magazine case with two magazines
i. glove case with protective gloves (optional)
j. portable radio holder (must be worn on officer's side opposite the handgun)
k. flashlight and holder (optional)
l. ASP baton and holder
m. Taser and holster (if issued)
n. Tourniquet and case (optional)
o. other items may be issued at the discretion of the Sheriff or his designee

2. Headgear

a. The Stetson hat will be the regular issued headgear for on-duty patrol
personnel.
b. The issued headgear may be worn at the option and comfort of the
individual officer while in the Deputy vehicle. Wearing of the Stetson hat is
encouraged when wearing the Class A uniform. The wearing of the hat is
not mandatory while answering routine calls for service.
c. The Stetson hat will be worn to rest squarely on the head, with a slight
forward tilt, and without hair protruding over the forehead beneath the brim.
d. Patrol deputies will have the option of wearing the agency issued baseball
style hat when wearing the class B uniform. In the case of cold weather
deputies may wear a knit style black or brown watch cap that covers the
ears.
e. Deputies opting to wear the baseball style hat or watch cap shall follow the
guidelines stated in bullet b. above. All headgear will be worn in a
professional manner. Any alteration or manner of wearing the headgear
must be approved by the Sheriff.
f. Agency issued headgear shall not be worn while deputies are off duty.

3. Service Bars
 Service bars denoting years of professional law enforcement service will be
worn on all long sleeve shirts. One service bar equals five (5) years of
completed law enforcement service with any governmental law enforcement
agency (military service does not apply). Deputies requesting service bars must
have their years of previous service documented within their personnel file to
qualify.

4. Raincoat

a. The issued raincoat may be worn during periods of inclement weather.

b. The badge, nameplate, etc. will not be worn on the raincoat.
c. Radios not in actual use will be kept beneath the raincoat, for protection
from water damage.

5. Gloves

a. Gloves are to be of an approved type and should not interfere with weapon
handling.
b. Gloves are to be black, of normal length and without decorative design.
c. Lead lined, or SAP gloves, are expressly prohibited and deputies found in
possession of SAP gloves are subject to disciplinary action.
d. White gloves (when issued) will be worn only on special events as
determined by the Sheriff or designee.

6. Sunglasses/Prescription Glasses

a. All glasses worn by uniformed deputies must be conservative in style and

approved by the Sheriff or designee.
b. The wearing of sunglasses may be prohibited in certain ceremonial
occasions.

7. Body Armor

a. All sworn personnel within the agency shall be issued a personal ballistic
vest rated at least a Threat Level IIIa. The vest shall be of a design to be
comfortably worn underneath the uniform shirt.
b. Any sworn member, while conducting any field activities and/or assignments,
and when wearing the uniform of the agency, shall be required to wear a
ballistic vest at all times while on duty.
c. Investigators, while working in plain clothes, will maintain their ballistic vest
at a location where it is accessible should circumstances arise requiring the
vest for personal protection. If an investigator wears a uniform, for any field
purpose, they will comply with this policy.
d. Court security deputies while exempt from this policy shall be issued an
approved vest and its wearing is strongly suggested.
e. Sworn management and administrative personnel, with primary office
assignments, who wear the uniform are exempt from this policy. However,
 each sworn member of command staff will maintain their ballistic vest in a
location where it is readily available should an emergency arise.
f. All personnel will be required to wear a ballistic vest during pre-planned
high-risk incidents such as search warrants or any other high-risk
engagement.
g. Nothing in this policy prohibits a sworn member from wearing their ballistic
vest at any time they may so choose to do so.
h. Failure to wear the vest as required when in uniform may result in
disciplinary action.
i. During high-risk engagements, external plate carrier style vest purchased at
the deputy’s expense and liability, may be worn over the issued vest only
after being approved by the Sheriff or designee.

8. Reflective Vest

a. A reflective vest will be issued to each officer and the officer will be required
to have the vest with him/her while on regular duty assignment.
b. All deputies shall wear the reflective vest when directing traffic or in other
situations where high visibility would enhance officer safety.

D. CIVILIAN ATTIRE ON DUTY (DEPUTY PERSONNEL)

1. Deputies authorized to perform duties in civilian apparel will wear clothing which
projects a professional image (coat and tie for males; dress, slacks/pants suit or
skirt and blouse for females), or as may be dictated by job assignment, the
Sheriff, or designee.
2. Investigators may wear clothing appropriate for the situation, as authorized by
the Sheriff or designee.

E. DISPATCHER UNIFORMS

1. Issued jacket
2. Agency issued polo shirts with an agency approved logo
3. White or grey shirts to include long sleeves, may be worn under the issued polo
shirt.
4. Khakis style pants
5. No headwear of any type shall be worn inside of the Communications Center
6. Footwear that has been approved by the supervisor over communications

F. SUPPORT SERVICES PERSONNEL

Office and other non-sworn personnel will maintain a conservative style of dress.

G. LOST OR DAMAGED EQUIPMENT/APPAREL

1. Damage to agency equipment or apparel in arrest situations will be reported to

the Chief Deputy or his designee. The staff member will then be responsible for
ensuring any financial penalties, assessed on the defendant by the courts, are
routed to the appropriate account.
 2. An employee losing or damaging agency equipment or apparel will prepare a
memorandum detailing the circumstances of the loss or damage and present it
to his/her supervisor. The supervisor will forward the memorandum to the Chief
Deputy.

IV. GROOMING

A. GROOMING STANDARDS FOR UNIFORMED DEPUTY

1. Any new recruit shall adhere to the standards set forth by the training academy
which during initial certification will supersede the following guidelines.

2. The standards shall not apply to sworn personnel operating in an undercover

manner or involved in narcotics investigations.
3. Male deputies will keep hair reasonably close cut and neatly groomed.
a. The hair will not present a ragged, unkempt, or extreme appearance.
b. The hairstyle will be of neat and conservative style.
c. When combed, the hair will present an even appearance and will not:
(1) protrude over any portion of the ears
(2) extend over the shirt collar in the back while in normal posture
d. The hairstyle will present a military image on the sides and in the back.
e. In no case will the hairstyle interfere with the wearing of the issued head
gear.

4. Female deputies must arrange their hair in such a way that hats can be worn
easily. Long hair must be worn up in a manner so that it does not extend past
the uniform collar. The hair will not present a ragged, unkept, or extreme
appearance.

5. Facial hair standards will be as follows:

a. Sideburns will not extend beyond the base of the ear, will be neatly trimmed,
and will be no wider at any point than their natural width at the top base of
each sideburn and will present a clean-shaven horizontal line.
b. Moustaches will be neatly trimmed and will not extend beyond the corner of
the mouth.
c. Beards and Goatees are not permitted.

6. Fingernails will be kept clean and neatly trimmed. Female deputies may wear
clear nail polish and nails may not exceed the fingertip.

7. Colognes and perfumes will be used in moderate amounts and shall not leave a
lingering or annoying aroma.

8. Makeup used by female deputies will be subdued and natural in appearance.

9. Hairpieces will be permitted while on duty, only for the purposes of covering
natural baldness, disfiguration, or a medical condition and must conform to all
hair standards.
 10. Each sworn employee shall strive to maintain a weight that is proportionate to
his/her height.

B. GROOMING STANDARDS FOR DEPUTIES IN CIVILIAN ATTIRE

Except for cases involving undercover operations, the grooming standards for
deputies in civilian attire will be the same as for uniformed deputy unless approved
by the Sheriff or designee.

C. BODY ORNAMENTATION

“Body Ornamentation” means the practice of physical body adornment implemented

through the following techniques: body or tongue piercing, tattooing, body
mutilation, intentional scarring, branding, or dental ornamentation.

1. Offensive Material

Any body ornamentation that a reasonable person would find offensive or

inconsistent with the mission of law enforcement is prohibited. A tattoo or brand
that is deemed inappropriate by the Sheriff or his/her designee shall be
completely covered at all times. “Offensive Body Ornamentation” refers to the
following:
a. Ornamentation that depicts, describes, or refers to profanity or to intolerance
of or discrimination against any person based on race, color, sexual
preference, creed, religion, gender, or national origin.
b. Ornamentation customarily associated with any particular organization or
group that is known to advocate or harbor such intolerance or discrimination.
c. Ornamentation that adversely affects the respect accorded to the agency by
citizens. Violates the agency’s standards of decency or morality, or
prejudicial to good order.
d. Ornamentation that is sexually explicit.
e. Ornamentation that advocates or symbolizes gang affiliation, racial
supremacy, extremist groups, or drug use.

2. Body Piercing

a. All employees are prohibited from wearing jewelry in the tongue, eyebrows,
checks, or other visible body parts while on duty, except for piercings as
authorized in this policy. Moreover, body piercings must not be visible
through the clothing or uniform. Clear or flesh toned studs designed to
conceal facial piercings may be permitted. Ear gauges of any size are
prohibited.

b. Earrings
(1) While in uniform, sworn female personnel may wear post-type/stud
earrings. No more than one set. The head of the earring shall not exceed
¼ inch in diameter. Sworn female personnel working in plainclothes
assignments may wear other appropriate earrings with the approval of a
 supervisor.
(2) Uniformed male personnel are prohibited from wearing any earrings or
ear dressing while in uniform. Sworn personnel working in plainclothes
assignments may wear appropriate ear piercings with the authorization
of their supervisor.
(3) Non-sworn female and male personnel may not wear earrings that
detract from the ability to perform their duties.

3. Tattoos

a. “Tattoo” means any design, letter, scroll, figure, symbol or any other mark
made upon or under the skin of any person with ink or any other substance,
resulting in the permanent or temporary coloration of the skin.
b. There shall be no visible body ornamentation on the head, neck, face or
scalp. This area is further defined as the area above the collarbone in the
front and the first cervical vertebra in the rear, or otherwise visible through
an open shirt collar.
c. A tattoo, brand, or body art to represent a “wedding band” on a single finger
will be allowed but cannot exceed past the first knuckle of the finger.

4. Branding, Intentional Scarring or Mutilation

There shall be no intentional/non-medical body mutilation, scarring or branding

visible on the exposed skin of the arms or legs that cannot be covered by
wearing trousers and/or long-sleeved shirt. Forms of prohibited intentional
scarring, mutilation include but are not limited to the following:
a. Foreign objects inserted under the skin to create a design or pattern.
b. Split or forked tongue.
c. Branding scar.
d. Enlarged or stretched holes in the earlobe.
e. Other visible intentional scarring

5. Dental Ornamentation

There shall be no use of gold, platinum, or other veneers for the purpose of
ornamentation unless prescribed by a dentist as necessary dental repair. Teeth,
whether natural, capped or veneer will not be augmented with designs, jewels,
initials, etc.

6. Exemptions

a. A good faith effort to reasonably accommodate requests for exemptions

from this policy for bona fide religious reasons will be made upon request by
the employee seeking relief from this policy. All petitions should be brought
to the attention of the Sheriff.
b. Personnel may individually petition the Sheriff requesting an exemption from
this policy as it regards body ornamentation. On a case-by-case basis, the
Sheriff or his/her designee will review requests for alternate uniforms and/or
non-uniform clothing options (such as a bandage) to cover restricted body
 ornamentation.

7. Implementation

The Sheriff shall be the final authority in determining if any body ornamentation
is in violation of this policy. This policy is in effect for both sworn and civilian
personnel of this agency. Personnel shall petition the Sheriff in writing regarding
the approval of body ornamentation prior to displaying it while on duty. Any
additional visible tattoos or other visible body modifications added after initial
approval will be subject to inspection and future approval by the Sheriff or his
designee.

ATTACHMENT A: INITIAL ISSUANCE OF UNIFORMS/EQUIPMENT

(PER.03.04)

ITEM # ISSUED
L/S Shirt 2
S/S Shirt 2
Trousers 2
Stetson Hat 1
Utility Work Pants 1
Utility Work Shirt L/S 1
Utility Work Shirt S/S 1
Winter Jacket 1
Baseball Cap 1
Uniform Shoes (HG) 1
Raincoat 1
SOP Manuel 1
Tie 1
Body Armor 1
Duty Belt (HG) 1
Holster (HG) 1
Magazine Pouch (HG) 1
Handcuff Case (HG) 1
Glove Pouch (HG) 1
O/C Case (HG) 1
Belt Keepers (HG) 4
Traffic Vest 1
ASP Baton 1
ASP Baton Holder 1
Handcuffs 1
O/C Spray 1
Badge 1
Nameplate 1
Portable Radio 1
Radio Holder (not required) 1
Radio Speaker/Mic 1
SIG SAUER P226/P320 1
Magazines 3
Ammo Rounds 50

HG = High Gloss
 SERIES #112
POLICY & PROCEDURE PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
MANAGEMENT AND INVENTORY OF 7/1/2018
AGENCY OWNED PROPERTY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE: This general order is for internal use only, and does not enlarge a deputy's civil or
criminal liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense, with respect to third party claims.
Violations of this directive, if proven, can only form the basis of a complaint by the
Sheriff's Office, and then only in a non-judicial administrative setting.

a. POLICY:

The property management function of the King William County Sheriff’s Office is
the responsibility of the Accreditation Manager. The King William County Sheriff’s
Office has an obligation to county taxpayers to operate a property management
system that is economical, efficient, and provides maximum returns for tax
dollars expended.

All employees have individual responsibilities for the proper use and care of all
Sheriff’s Office equipment issued to or used by them during the performance of
their duties.

b. PURPOSE:

To establish guidelines for the management of King William County Sheriff’s

Office owned supplies, property and equipment.

c. PROCEDURE:

A. Procurement:
 d. Individual, shift, and division equipment supply requests
and inquiries should be directed to the Accreditation
Manager by use of the Request for Maintenance –
Equipment – Training form with an explanation of need.

e. Requisition procedures outlined in the County Purchasing

Policy will be followed with the Accreditation Manager
completing or assisting in the completion of required
requisition forms. (See King William County Procurement
Policy).

f. Completed requisition forms are sent to the Sheriff for

review and approval, and then forwarded to the County.

a. The procurement of all expendable supplies, materials, and

equipment needed by the Sheriff’s Office is the responsibility
of the Accreditation Manager or their designee.

B. Pick-up and delivery of Goods:

1. Employees, who are asked by the buyer to pick-up and sign for
goods for the Sheriff’s Office, should verify the quantity and
condition of goods prior to signing the receipt. Invoices, bills, and
receipts shall be sent to the buyer for processing.

b. The Accreditation Manager will further inspect the

quantity and quality of goods delivered to the Sheriff’s
Office. Supplies, materials, and equipment received
damaged or not meeting purchase specifications will be
brought to the attention of Accreditation Manager.
A. Issuance/Accountability:

1. Only authorized personnel will have access to the Property Room.

b. The designated property manager has primary property

management responsibility for distribution, issuance, and
accounting for expendable supplies, departmental
property and equipment.

c. Investigators will maintain and control the issuance and

use of surveillance / undercover/intelligence
equipment (i.e.; audio monitoring equipment and night
vision equipment) to field personnel.

d. The Accreditation Manager will be responsible for the

issuance of policy and procedure manuals.

e. Each employee will be responsible for the proper care of

all property and equipment issued to them or used during
the performance of their duties.

f. Any damaged or lost property will be replaced at the

Deputy’s expense.

g. A clothing/equipment list will be filled out when each

Deputy and uniformed employee is issued
clothing or equipment (i.e.; badges, leather goods,
weapons, uniforms, etc.). Body armor will be issued to, or
at least be made available to all Deputies assigned to
routine uniformed field duty.

h. A Request for Maintenance – Equipment – Training

form will be submitted for normal replacement of items.

i. Following termination of employment, all employees will

return county owned equipment and property issued
them in accordance with instructions listed below. If the
equipment and property is not returned, Civil action may
be taken against the employee. Final clothing items will
be clean, and on hangers. Soiled clothing items will not
be accepted.

j. Once the supervisor is informed of equipment to be returned,

the Accreditation Manager will be contacted for an inventory
sheet of assigned equipment.

k. Supervisor inspects the property with employee and records on

the inventory sheet whether the items pass inspection.

l. The Deputy will meet with the Accreditation Manager to return

property.
 m. The Accreditation Manager receives the property and checks it
against the inventory sheet completed by the supervisor. Once
the inventory sheets are signed by the supervisor and
Accreditation Manager, the items are returned to inventory.

n. Policy and procedure manuals will be returned to the

Accreditation Manager

o. Sheriff’s Office equipment that is lost or stolen will be reported

to command channels as rapidly as possible. An
offense/incident report will be made when an inventory item is
stolen. A letter, through channels, will be written on all lost
articles.

A. Maintenance:

1. The Accreditation Manager is responsible for maintaining stored

agency property/equipment in a state of operational readiness.

a. Special response team equipment i.e. Specialty weapons,

equipment, tactical tools, and vehicle(s).

A. Disposal:

1. Computers

a. All computers, servers, desk tops and MDT’s that have access
and software for CAD, RMS, and CJIS, (NCIC/VCIN), that have
processed their exacting information, the hard drive(s) shall be
removed and destroyed prior to disposing of the particular
computer.

b. The manufacturer, model number, serial number and method of

the destruction shall be documented with date and time and
forwarded to the Records Manager.

c. All other excess, obsolete, and property damaged,

unserviceable and beyond repair will be disposed of in
accordance with guidelines established.
 POLICY & PROCEDURE SERIES #113 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
SECONDARY & EXTRA DUTY 7/1/2018
EMPLOYMENT APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.04.01a-d
PER.04.02 a-e

I. PURPOSE:

The purpose of this policy is to establish guidelines and procedures in reference

to Secondary and Off-Duty Employment

Secondary & Off-Duty Employment definition:

A. Employment: The provision of a service in exchange for a fee or other

service. Employment does not include volunteer charity work.

B. Secondary Employment: Employment outside of the Department that is

not conditioned upon the actual or potential use of law enforcement
powers.

C. Extra Duty Employment: Employment outside the normal day-to-day

duties of the police department. Duties include but not limited to law
enforcement/security during special events such as concerts, festivals,
parades, and other type of similar activities. The use of law enforcement
powers during this employment is possible. The current required rate of
pay is $ 35.00 per hour.

II. POLICY:

It is the policy of the Sheriff’s Office to ensure that secondary employment of

Department employees, both sworn and civilian, does not present an actual or
potential conflict of interest between the Department and the secondary
employer; or constitute a threat to the status or dignity of the police profession.
Sworn Department employees are prohibited from engaging in any employment
outside of the Department requiring the use of law enforcement powers unless it
is sanctioned by the department as off-duty employment defined in Section I,
paragraph C of this policy. (PER.04.01b)

III. PROCEDURE:

A. Employees may engage in secondary employment that conforms to the

following criteria:
POLICY & PROCEDURE SERIES #113 Page 2 of 5

1. The nature of the employment does not involve the actual or

implied use of law enforcement powers. (PER.04.01b) However,
this policy does not prohibit an employee from exercising his law
enforcement authority while engaged in secondary employment
when circumstances would dictate that actions be taken to
safeguard life or property.

2. The employment is performed outside of normal duty hours,

3. The employment presents no actual or potential conflict between

the employee’s duties as a deputy and the duties for the secondary
employer. Examples of employment that presents a conflict of
interest include, but are not limited to:

a. Employment as a process server, repossesser, or bill

collector, or towing of vehicles, or any other employment in
which police authority might tend to be used to collect money
or merchandise for private purposes.

b. Employment as a personnel investigator for the private

sector, or any employment which might require the
employee to have access to police information, files,
records, services, or equipment as a condition of
employment.

c. Employment involving the wearing of the police uniform to

perform tasks other than that of a law enforcement nature.

d. Any employment or position which assists (in any manner) in

case preparation for the defense in any criminal case or for
either party in a civil action or administrative proceeding.

e. Employment for a business or labor group that is on strike.

(PER.04.01b)

4. The employment presents no threat to the status or dignity of law

enforcement as a professional occupation. Examples of
employment presenting a threat to the status of dignity of the police
profession are:

a. Establishments that sell pornographic books, magazines,

sexual devices, or videos; or that otherwise provide
entertainment or services of a sexual nature.
b. Any employment involving the sale, manufacture or transport
of alcoholic beverages.
c. Any gambling establishment, including but not limited to race
tracks, OTB and casinos. (PER.04.01b)
POLICY & PROCEDURE SERIES #113 Page 3 of 5

B. Eligibility

1. Prior to engaging in secondary employment, the employee will

submit an Outside Employment/Activity Form to the Sheriff. The
Sheriff will approve or deny the request for secondary employment.
(PER.04.01a)

2. The employee may engage in secondary employment if he is in

good standing with the Department. Continued Department
approval of the employee’s secondary employment is contingent on
such good standing.

3. Employees on leave due to illness, temporary disability for an on-

duty injury, or who are on leave during an investigation for
disciplinary, health, or criminal reasons, are eligible for secondary
employment subject to the continued approval of the Sheriff.

4. The secondary employment must not interfere physically or

mentally with the officer’s on-duty job performance.

5. Secondary employment schedules must be coordinated in a

manner that does not interfere with the employee’s normal duty
hours.

6. Permission to engage in secondary employment may be revoked at

the discretion of the Sheriff if it is determined that the secondary
employment is not in the best interests of the Department or the
County of King William. (PER.04.01c)

7. An employee engaged in secondary employment is subject to call-

out in cases of an emergency. The employee is expected to leave
his secondary employment in such situations.

8. Service in the United States Armed Forces Reserve or National

Guard does not constitute secondary employment and is not
governed by this policy.

9. The Sheriff shall oversee all secondary employment requests and

adherence to the rules set forth in this policy. (PER.04.01.d)

C. Extra Duty Employment

1. The Captain shall coordinate all requests for extra duty employment
for the department. (PER.04.02d)
POLICY & PROCEDURE SERIES #113 Page 4 of 5

2. Prior to any event requiring extra duty employment, the Department

and the entity requesting shall enter into an agreement by signing
the “SECONDARY EMPLOYER AGREEMENT TO PROVIDE LAW
ENFORCEMENT/SECURITY SERVICES” form.

3. The Captain shall announce the extra duty event to the entire
department requesting volunteers for the assignment. Personnel
interested in the event shall notify the Captain and request approval
and assignment. (PER.04.02a)

4. When working extra duty assignments, officers shall at all times

conduct themselves in a professional manner and adhere to the
policies and procedures of the Department.

(PER.04.02b)

5. Officers shall “mark on” and “mark off” at all extra duty
assignments.

6. Conflicts in scheduling of off-duty assignments shall be reported to

the Captain as soon as possible.

7. The Sheriff or Captain may remove an employee from an extra duty

assignment or assignments if they feel that the employee is not fit
for duty at the particular time. Officers who are on medical or
disciplinary leave are not eligible for extra duty assignments.

(PER.04.02c)

8. The responsibilities of the officer or officers assigned to an extra

duty assignment shall be noted in the agreement between the
department and the entity. Department personnel should at no time
deviate from those duties listed unless in an emergency situation.
(PER.04.02e)

9. All officers working an extra duty assignment shall do so in

department uniform, unless otherwise approved by the Sheriff or
his designee. Officers shall also meet the same uniform and
personal appearance standards required for regular duty.

10. Officers shall utilize their department vehicle and assigned

equipment including duty belt.

11. Officers shall monitor their radio for any emergency traffic.
POLICY & PROCEDURE SERIES #113 Page 5 of 5

12. Officers may only leave their assigned extra duty assignment to
respond to another officer’s request for assistance or at the
direction of a supervisor.

13. Officers will only perform typical police duties and will not act as
“ticket takers” at events. Officers are expected to take appropriate
action in dealing with violations of the law while working an extra
duty assignment.

14. Any offense occurring at the event or assignment will be handled by

the on-duty patrol officer(s), not the extra duty officer, except for the
extra duty officer’s initiated action. In which case, the extra duty
officer will immediately suspend their time from the extra duty
assignment and revert temporarily to on-duty time with this
department. Once the on-duty time is complete the extra duty
officer will return to their original assignment. At no time will the
extra duty officer be compensated by both the department and the
extra duty employer simultaneously.

15. In the event that an officer cannot work the extra duty assignment
they had signed up for they must find a replacement. With the
exception of a true emergency, any officer who fails to work the
assignment without securing a suitable replacement will be subject
to administrative sanctions and or disciplinary process.

16. When signing up for an extra duty assignment, officers are to be on

location of the duty at the time which is indicated on the sign-up
sheet. Extra duty times are NOT to be altered because of regular
work schedules, conflicts with court, etc. If officers cannot work the
entire time listed they should refrain from signing up for the event.
Exceptions may be made by the company or entity requesting the
Extra Duty Assignment, i.e. coming in early, staying late, leaving
early due to officer not being needed etc. Any other exceptions
must be approved by the Sheriff or his/her designee prior to signing
up for the assignment. Alteration of starting and ending times will
be punished as outlined in paragraph 15 above.
 POLICY & PROCEDURE SERIES #114 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
CRIME ANALYSIS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.11.01

I. PURPOSE:

The purpose of this policy is to establish the crime analysis function of the King
William Sheriff’s Office.

II. POLICY:

The King William Sheriff’s Office collects data from many different sources to
perform the crime analysis for the department. Some of the sources that data is
retrieved from are: Computer Aided Dispatch (CAD), Records Management
System (RMS), written documentation, and the crime activity board.
(ADM.11.01)

III. PROCEDURES:

A. Sources of data:

1. CAD & RMS:

Data inside both the CAD and RMS can be extracted in many
different forms meeting individual requirements as well as many
different types of reports. These systems can produce both
documentation containing temporal (time) and geographic
information of crimes perpetrated.

2. Written documentation:

The department keeps written documentation on file of all incidents

that are reported and found to be actual incidents. This includes
incident based reports, complaint sheets and field contacts.

3. Crime Activity Board:

An activity board is maintained by the Sheriff’s Office. This board

shall be posted in a common area that allows employees to
POLICY & PROCEDURE SERIES #114 Page 2 of 2

regularly review data.

B. Analysis of Crime Data:

1. Data from the previously described sources is gathered, in the

format requested by the Sheriff, by the person assigned to the
crime analysis function. The collection of this data is used to help
forecast areas of crime and where crime most likely will occur
based on past records.

2. Once the crime analysis information has been gathered and

formatted, the person assigned to the crime analysis function will
provide the information to the Sheriff and supervisors.

3. The Sheriff may at his/her discretion direct resources necessary in

response to the data provided.

4. The Sheriff will continuously evaluate the crime analysis program,

making changes to fit the needs of the department and community.
 POLICY & PROCEDURE SERIES #115 PAGE 1 of 3
SUBJECT EFFECTIVE DATE
February 1, 2022
PRESCRIPTION DRUG APPROVED
DROP-BOX INITIATIVE J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE:
This policy is for internal use only and does not enlarge an Officer’s civil or
criminal liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense, with respect to third party
claims. Violations of this directive, if proven, can only form the basis of a
complaint by this Department, and then only in a non-judicial administrative
setting.

POLICY:

The non-medical use of prescription drugs in King William County is a

growing problem. The King William County Sheriff’s Office is authorized under
Federal and State law to receive the voluntary surrender of Schedule II, III, IV
and V controlled substances from the ultimate users and persons lawfully
entitled to dispose of an ultimate user decedent’s property. The establishment
of a collection receptacle at the King William County Sheriff’s Office removes
unused medications from diversion to non-medical use.

PURPOSE:

To establish procedures, duties and responsibilities for prescription drug take

back through the use of an anonymous drop box located within the King
William County Sheriff’s Office.

PROCEDURE:

Collection Receptacle:
POLICY & PROCEDURE SERIES #115 Page 2 of 4

A controlled substance collection receptacle will be located within the King

William County Sheriff’s Office lobby and shall:

Be securely fastened to a permanent structure so that it cannot be

removed.

Meet the following design specifications:

A securely locked, substantially constructed container with a

permanent outer shell.

The outer container shall include a small opening that allows

contents to be added to the inner liner, but does not removal
of the inner liners contents.

The area adjacent to the container will prominently display a sign

indicating that only non-controlled drugs and Schedule II, III,
IV or V controlled substances are acceptable.

Access to the contents of the container shall be restricted to

authorized employees of the King William County Sheriff’s
Office.

Collection Procedures:
POLICY & PROCEDURE SERIES #115 Page 3 of 4

The installation and removal of the inner liner of the collection receptacle
shall be performed consistent the Sheriff’s Office requirements for
handling controlled substances. The inner liner shall be sealed,
labeled and weighed immediately upon removal from the
permanent outer shell and the sealed inner liner shall not be
opened, analyzed or otherwise penetrated.

The container shall be checked by Property/Evidence staff on the 1 st

Tuesday morning of every month with the exclusion of holidays.

It is the responsibility of Property/Evidence staff to maintain all records of

removal, storage or destruction of the controlled substances
collected in a manner that is consistent the Sheriff’s Office
recordkeeping requirements for controlled substances as evidence.

Any controlled substances collected by the Sheriff’s Office through the

collection receptacle shall be stored in a manner that prevents the
diversion of controlled substances and is consistent with the
Sheriff’s Office standard procedures for storing controlled
substances.

Any controlled substances collected from the container will be immediately

transferred to the property/evidence room in a location that will
prevent diversion.

Destruction Procedures:

The Property/Evidence Manager shall destroy all controlled substances

collected from the collection receptacle to the condition or state to
which the controlled substances shall be rendered following a
process that permanently alters that controlled substance’s physical
and/or chemical condition or state through irreversible means and
thereby renders the controlled substance unavailable and unusable
for all practical purposes. Collected items will be included for
destruction with those collected for the DEA’s National Drug
Takeback Day.

Statistics:

The total gross weight of the collected items will be forwarded to the
Sheriff for record keeping and statistical value to be included in the
agencies annual report.
POLICY & PROCEDURE SERIES #115 Page 4 of 4
 POLICY & PROCEDURE SERIES # 116 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
INSPECTIONS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.19.01 a-e
ADM.19.02 a-d
ADM.19.03

I. PURPOSE:

The purpose of this is to establish policy and procedures for continuous inspection
of the police department's personnel, resources, and operational effectiveness.

II. POLICY:

The Sheriff is responsible for establishing and maintaining a system of inspections

to obtain the information needed to direct the operation of the department. Although
the ultimate responsibility of inspection and control rests with the Sheriff, it must be
carried out continuously at all levels of command and supervision.

The goal of inspection is operational efficiency and effectiveness. Although

infractions discovered during the process of inspection should be handled
according to policy and the particular circumstances, inspection should not be
viewed as a disciplinary process. It should be a fair, impartial, and honest appraisal
of efforts. The inspector should have a positive, constructive attitude and make
every effort to instill respect for and understanding of the inspection process.

III. DEFINITIONS:

Line Inspections: Generally, line inspections are on-going and focus on areas such
as personal appearance, use and maintenance of equipment, adherence to rules,
regulations, and directives. As an example, a line inspection may determine if
patrol officers are maintaining appropriate paperwork and equipment in their
vehicle.

Staff Inspections – Staff inspections focus on the adequacy and effectiveness of

organizational systems and the quality of performance in carrying out the
department’s mission. As an example, a staff inspection may look at an entire unit
to determine if it is accomplishing its assigned goals and objectives.

IV. PROCEDURES:

A. The objectives of the inspections include:

POLICY & PROCEDURE SERIES #116 Page 2 of 3

1. To learn whether a task is being performed as outlined in policy and if

procedures are followed.

2. To learn whether the anticipated results of orders and standards are

achieved.

3. To discover whether department resources are used to the best

advantage.

4. To reveal the existence of needs.

5. To ensure the continual process of self-improvement and quality

initiatives.

B. Line Inspections:

1. Line inspections shall be an ongoing process conducted by those in

direct command, i.e., those who have the authority to act or require
immediate action of subordinates. An informal line inspection is
conducted on a regular basis. Informal line inspections shall include
personal inspections of employees, the equipment assigned, how it is
used and cared for, how employees perform their duties, and the
result of their efforts. (ADM.19.01a)

2. The Captain or his designee shall conduct formal line inspections

semi-annually. Inspections will cover areas of vehicle maintenance
and cleanliness, equipment care and cleanliness, uniforms, and
proper forms available to conduct daily duties. The department lead
firearms instructor or designee shall conduct a weapon inspection at
least once a year.
(ADM.19.01b,c)

3. The inspecting supervisor shall submit the result of the inspection to

the Sheriff. The report should include any deficiencies noted and
actions taken to rectify the problem area(s). The report should also
recognize exemplary performance.
(ADM.19.01d)

4. Employees shall respond immediately to correct deficiencies

identified during inspections. The inspecting supervisor shall assist
the officer in correcting the problem and will note all corrections on
the bottom of the inspection form. When appropriate, as a result of an
inspection, the inspecting supervisor or the Sheriff shall prepare any
record of counseling or commendation.
POLICY & PROCEDURE SERIES #116 Page 3 of 3

(ADM.19.01e)

5. Inspections shall include stored agency property (see attachment A )

that is required to be in a state of readiness. Stored property shall be
inspected twice a year. (ADM.19.03)

A. Staff inspections:

1. Staff inspections shall be conducted annually by the Sheriff or his/her

designee. This is accomplished by an introspective look into the
agencies existing functions, features and abilities with the purpose of
correction, improvement and maintaining best service practicable.
This is conducted through supervisor’s meetings, staff meetings,
patrol meeting, and training. If a more in-depth inspection is required,
this shall be ordered by the Sheriff as he deems necessary.
(ADM.19.02a-c)

2. The Sheriff shall ensure that deficiencies identified during the staff
inspection are corrected as soon as practical. (ADM.19.02d)
 POLICY & PROCEDURE SERIES #117 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
PERFORMANCE EVALUATION 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.06.01a.b.
PER.06.02a.b.

I. POLICY:

The department bears an obligation to the public and its own personnel to hire
and maintain the best qualified law enforcement officers. To that end, the
department regularly and formally evaluates the performance of deputies and
other employees. The evaluation system discussed herein serves both the
interests of management and the department's employees. The purposes of the
evaluation system are to (1) allow fair and impartial personnel decisions; (2)
maintain and improve performance; (3) provide a basis and a medium for
personnel counseling; (4) assist decisions about the tenure of probationary
employees; and (5) identify training needs.

II. PURPOSE:

The purpose of this order is to outline and describe the departmental evaluation
process.

III. PROCEDURES:

A. General

1. All agency members shall be evaluated using the form approved

and adopted by the Sheriff.

2. Evaluations reflect observations and perceptions by rating

personnel, and are, therefore, inherently subjective. Nevertheless,
personnel shall be rated according to exceeds expectations, meets
expectations, or does not meet expectations. Specific guidelines
for rating behavior are found in this order.
POLICY & PROCEDURE SERIES #117 Page 2 of 4

1. The Sheriff shall conduct an annual written performance evaluation

of each employee. Deputies who fail to receive a meets
expectations rating must meet immediately with the Sheriff who will
determine merit increase based on evaluation and course of action
to correct shortcomings.
(PER.06.01a)

2. All new probationary members of this office shall receive at least

two written performance evaluations within their first year. This shall
assist in determining their suitability for continued employment.
(PER.06.01b)

5. All evaluations shall be placed in employees' personnel files.

6. Members of this office shall be evaluated formally by their

immediate supervisor.

7. A deputy or dispatcher who receives an unsatisfactory mark he or

she perceives unjust may protest same to the Sheriff. The Sheriff or
Chief Deputy, in the Sheriff’s absence, may adjust the rating as he
sees fit. In any case, final appeal extends to the Sheriff.

B. Evaluation:

1. The objectives of the evaluation system are:

a. to foster fair and impartial personnel decisions,

b. to maintain and improve the overall performance of the

Sheriff’s Office and its members,

c. to allow a method for personnel counseling,

d. to facilitate the proper decision making regarding new

members of this office,

e. to provide objective and fair means for the measurement and

recognition of individual performance in accordance with the
prescribed guidelines of this office, and

f. to assist in identifying training needs.

1. The philosophy of the evaluation form focuses on observations of

demonstrated proficiency in behavior relevant to the job.
POLICY & PROCEDURE SERIES #117 Page 3 of 4

Proficiency is demonstrated by:

a. Performing the behavior in the field.

b. Accuracy of information provided through various means,
reports, court testimony etc…

C. Evaluation of supervisory personnel, investigators, dispatchers and civilian

employees.

1. Dispatchers and other civilian members of this office shall be

evaluated by their supervisor and submitted to the Chief Deputy.

2. Investigators shall be evaluated using the same form as that for

deputies. Under "comments," the rater shall specifically refer to the
accomplishments, training, behavior as an investigator.

3. Supervisors shall be evaluated using the same form as that for

deputies. Their supervisor shall address, at a minimum, the
following points:

a. Ability to instill in deputies a high regard and respect for the

rule of law, civil rights, and concern for victims.

b. Ability to perceive performance weakness in his

subordinates, conduct remedial training, and document
improved proficiency.

c. Command of patrol techniques, methods, and investigative

procedures.

d. Ability to reprimand, counsel, praise, or otherwise discipline

deputies.

e. Ability to take responsibility for the performance of deputies.

D. Counseling at the end of Evaluation

1. The rater shall, at the end of the evaluation, advise the employee of
the specific and overall evaluation, noting strengths and
weaknesses.

2. The rater shall then advise the employee of the performance

expected for the next rating period, and what the goals for the
employee are and what the rating criteria will be.
(PER.06.02b)
POLICY & PROCEDURE SERIES #117 Page 4 of 4

3. The rater or Sheriff may also counsel the employee about career
advancement, promotional opportunities or the availability of
specialized training.

4. The items outlined in D. 1-3 shall be done in writing and signed by

the rater and the employee.

3. Upon completion, the supervisor shall sign the performance

evaluation and forward it to the Sheriff. The Sheriff’s role is key in
the performance evaluation process. The Sheriff is responsible for
reviewing the performance evaluation before it is presented to the
employee and providing the supervisor with appropriate feedback.
If the Sheriff does not agree with the performance evaluation, the
Sheriff should discuss the areas of concern with the supervisor.
The Sheriff has the authority to change any part of the performance
evaluation based on their judgment about the employee’s
performance or the supervisory approach to the performance
evaluation. (PER.06.02a)
 POLICY & PROCEDURE SERIES # 118 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
PROMOTION OF PERSONNEL 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.07.01 a-f

I. PURPOSE:

The purpose of this policy is to establish guidelines for the promotion of

department personnel.

II. POLICY:

The department shall conduct a fair and equitable promotional process.

III. PROCEDURES:

A. Promotions

1. When a promotional vacancy exists, the Sheriff shall be responsible

for administering the promotion process. (PER.07.01a)

2. The Sheriff shall post an advertisement of the position for two weeks.
Eligibility requirements are established in the position descriptions
(see town policy manual) (PER.07.01e). During that time, officers
may request in writing consideration for the advertised position. The
department may also solicit applications from outside sources.
(PER.07.01c)

3. The Sheriff may waive all elements of the promotion process

when necessary or under special conditions.

B. Elements of the Promotion Process: (PER.07.01b)

1. The first component of a promotional process consists of a writing

exercise. This writing exercise will consist of three essay questions
that measure the candidate’s ability to communicate in writing on
issues of leadership, department mission, and in response to a
hypothetical scenario.
POLICY & PROCEDURE SERIES #118 Page 2 of 2

2. The second component involves an oral examination before a law

enforcement panel approved by the Sheriff. The panel shall consist
of three members of the rank equal to the one being sought, or
above.

3. The third component of the evaluation includes law enforcement

training the applicants have completed and educational efforts for
continuing development.

4. The fourth and final component involves a more qualitative

perspective. It is their actual performance as a King William County
Deputy. It is based on the belief that the best predicator of future
performance, is past performance. The process looks at four areas:

a. Interpretation and implementation of policy

b. Interaction and problem solving abilities with the citizenry and

colleagues

c. Initiative

a. Quality of work

All elements of the promotional process are job related. (PER.07.01f) Each
candidate will be ranked in each of the four elements from 1-5 with the lowest
scores as having the distinction as best candidate for the position (PER.07.01d). All
promotions will be made by the Sheriff.

A. Newly Promoted Employee / Functional Reassigned Employee:

1. The newly promoted and the functional reassigned employee shall

be placed on twelve month probation period.

2. Skill development will be provided to the reassigned employee.

3. The newly promoted employee will receive skill development upon

promotion which will include, but is not limited to:

a. Training in management techniques;

b. General counseling techniques.

 POLICY & PROCEDURE SERIES #119 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
USE OF LEAVE 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.03.02 a-e

The King William County Employee Manual, Chapter 5 Leave Policy, reprinted in part
below, shall apply in full to the Sheriff’s Office and thus is incorporated as King William
County Sheriff’s Office Policy & Procedure 119, Use of Leave & Overtime.

ANNUAL LEAVE: (PER.03.02d)

Annual leave must be submitted on the proper form to be considered. Annual leave will
be considered using the following criteria:

1. Annual leave for short periods may be granted by the Sheriff, The Captain or
Department Supervisor upon request in writing from the employee subject to workload
and manpower requirements.

2. Annual leave for vacation purposes, 40 hours or more may be granted, subject to
workload requirements and available manpower, provided the employee gives advance
notice of not less than four (4) weeks’ notice.

3. Accrued annual leave for vacation purpose, will be approved or disapproved within
seven (7) calendar days of receipt, and if approved, will not be cancelled except in case
of emergency requirements.

4. A request for annual leave to cover emergency situations of unforeseen

circumstances will be made at the earliest possible opportunity.

5. In the event of conflict as to choice of vacation periods, the earliest dated leave
request will be considered first, any change of periods for time off must not conflict with
other dates and must be approved by the employer.

6. The Sheriff may establish periods during which no annual leave may be taken.

7.Probationary employees are not eligible to use annual leave during the probationary
period.

All full-time County employees accrue vacation time from the first day of the month
following the date of employment. The amount of vacation an employee earns each
 POLICY & PROCEDURE SERIES #119 Page 2 of 5

month depends upon the number of years of service with the County, as shown in the
following table:

FULL-TIME ANNUAL LEAVE SCHEDULE (SHERIFF’S DEPUTIES)

Years of Service Hours Earned per Hours Earned per Accrual Limit
Month Year

Less than 5 12 144 288

5 but less than 10 14 168 336
10 but less than 15 16 192 384
15 but less than 25 18 216 432
25 and over 20 240 480

FULL-TIME ANNUAL LEAVE SCHEDULE (E-911 DISPATCHERS)

Years of Service Hours Earned per Hours Earned per Accrual Limit
Month Year
Less than 5 10 120 240
5 but less than 10 12 144 288
10 but less than 15 14 168 336
15 but less than 25 16 192 384
25 and over 18 216 432

SICK LEAVE: (PER.03.02c)

1. Sick leave shall be defined as leave with pay granted for a bodily injury resulting
in temporary disability, medically required confinement, medical or dental
appointment, or illness of the employee or member of the immediate family
requiring the presence of the employee.

2. Sick leave is accrued at the rate of eight (8) hours per full month worked for all
full-time employees, four (4) hours per full month worked for regular part time
employees. An employee cannot use the present month’s accrual during that
month, as it is not earned until the end of the month. Sick leave, if not exhausted
in the year in which it accrues, may be carried over from year to year without
limit. Employees retain all benefits and seniority while on approved sick leave.

3. Sick leave may not be taken in less than one hour increments. Sick leave may be
used for visits to health providers during working hours only with the permission
 POLICY & PROCEDURE SERIES #119 Page 3 of 5

of the employee’s supervisor. Employees must keep their supervisor informed of

any absence from work and the anticipated duration due to illness. Employees
may be required to present a physician’s statement to verify the illness or
appointment. Whenever possible, request for sick leave should be made in
advance. In the case of personal illness, or unanticipated circumstances, the
employee’s supervisor must be notified no later than the beginning of the
workday or as soon thereafter as is practical. After three consecutive workdays of
absence by an employee on sick leave, the Department Head must notify the
designated personnel officer to insure compliance with Family and Medical Leave
Act provisions.

4. Notwithstanding any other provisions of this policy manual, employees who are
absent from work for more than twelve (12) weeks (such that the provisions of
the Family and Medical Leave Act are no longer applicable) for causes that
qualify for sick leave, are not guaranteed continued employment. The status of
such employees will be reviewed on a case-by-case basis to determine whether
the operational needs of the County require that the vacancy caused by the
employee’s absence be filled. If the County Administrator determines that the
vacancy will be filled, the employee will be separated from County service. At the
time of separation any unused leave will be paid in accordance with the
provisions of Section 5-14 of this Chapter.
MILITARY LEAVE (PER.03.02e)

Employees who are former members of the armed services or a member of an

organized reserve force of any of the armed services of the United States, National
Guard, naval militia, or other employees who are called to active military service will
have their job status protected in full compliance with current federal and state
regulations.

Employees officially engaged in training duty or called to a tour of active duty are
entitled to a leave of absence from their respective duties, without loss of seniority,
accrued leave, or performance rating.

Employees officially engaged or called to service as noted above receive up to fifteen

(15) paid workdays of military leave in each federal fiscal year (October 1 to September
30), except that no employee shall receive paid leave for more than fifteen workdays
per federally funded tour of active military duty. For purposes of this section, a workday
shall mean 1/260 of the total working hours an employee is scheduled to work for the
county during the entire federal fiscal year.

Employees are required to provide documentation of orders for required military training
or active duty to their Department Head and the designated personnel officer prior to
commencement of duty.

ADMINISTRATIVE LEAVE (PER.03.02a)

 POLICY & PROCEDURE SERIES #119 Page 4 of 5

Administrative leave is leave with pay and may be granted for any valid reason when it
is deemed in the best interest of the County and approved by the County Administrator.
When administrative leave is granted, employees who are in any other prior approved
leave status (e.g., annual, sick, military, etc.) will remain in that status.

HOLIDAYS (PER.03.02b)

King William County observes the following holidays and other such holidays as may be
prescribed by the Board of Supervisors:

New Year’s Day January 1st

Lee-Jackson Day Friday preceding Martin Luther King Day

Martin Luther King Day Third Monday in January

George Washington’s Birthday Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11th

Thanksgiving Day Fourth Thursday in November

Day after Thanksgiving Day Fourth Friday in November

Christmas Day December 25th

In addition to the above holidays the County will follow special state holidays as
announced by the Governor. When a holiday falls on a Saturday, the preceding Friday
shall be observed; when a holiday falls on a Sunday, the following Monday shall be
observed.

The Board of Supervisors may designate other days as official holidays of the County.
When granted, employees receive compensation in the same manner as in the case for
other holidays.
POLICY & PROCEDURE SERIES #119 Page 5 of 5
 POLICY & PROCEDURE SERIES # 121 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
MUTUAL AID 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.13.01

I. PURPOSE:

To establish procedures, duties and responsibilities for providing assistance

to, or requesting assistance from another law enforcement agency and to provide
for use of statewide law enforcement support systems.

II. POLICY:

On occasion the need arises to request assistance from or provide

assistance to a neighboring law enforcement agency. This need usually results
from an emergency such as a civil disorder, fire, flood, or other disaster. Before the
need arises, agencies must clarify and plan emergency procedures. Available
state support systems shall be appropriately used in support of our law
enforcement operations.

III. PROCEDURE:

A. Jurisdiction:

1. Generally, the legal jurisdiction of the Sheriff’s Office stops at the

County limits, as defined by Virginia Code. However, Code of
Virginia Section 19.2-250, in criminal cases involving offenses against
the commonwealth, extends jurisdiction one mile beyond the County
border. This authority may be used for such circumstances as:

a. Assisting neighboring law enforcement agencies or the

Virginia State Police in handling emergency calls at times
when they are unable to respond immediately.

b. When a felony or serious misdemeanor crime-in-progress is

observed by an officer occurring within the one mile zone.

2. Whenever a person in the custody of an officer shall escape or

whenever a person shall flee from an officer attempting to arrest him,
such officer, with or without warrant, may pursue such person
anywhere in the state and, when actually in close pursuit, may arrest
him whenever he is found (Code Section 19.2-77). No officer of the
POLICY & PROCEDURE SERIES #121 Page 2 of 4

department shall leave the County in a pursuit or chase without

informing the dispatcher. Mutual aid shall be requested from other
law enforcement agencies as appropriate. On-duty supervisors shall
closely monitor all pursuits and will terminate them as circumstances
dictate.

B. Mutual Aid:

1. Mutual aid is provided for in law by Virginia Code Sections 15.2-1724,

1727 and 15.2-1730. For the purpose of this policy, mutual aid is
defined as the short term assistance given or asked for between the
department and neighboring law enforcement agencies during
emergencies such as civil disorders, fires, floods, or other public
disasters. Typical law enforcement services required or provided
may include mass processing of arrestees, transporting prisoners,
and operating temporary detention facilities.
(ADM.13.01)

2. Mutual aid may be requested from or provided to another law

enforcement agency by the department at the discretion of the on-
duty supervisor; officers must remember, however, that they are
responsible for providing law enforcement service to our jurisdiction.
Normally, outside agency personnel will be used to assist in a show
of force, traffic control, mass processing of prisoners, prisoner
transportation, and operating temporary detention facilities. There
are generally three levels of mutual aid assistance as follows:

a. Short duration, approximately 30 minutes or less, where an

additional show of force or traffic control or assistance with
prisoner transportation is required.

b. Medium duration, one to four hours, where the senior officer

on duty may request assistance from the neighboring law
enforcement agencies and the State Police; however, their
role should normally be in a showing of force, transporting
prisoners or traffic control.

c. Long duration, more than four hours, full scale assistance

required. The on-duty supervisor shall immediately notify the
Sheriff who will assist in coordinating additional aid as
required.

3. Any long-term support between the Sheriff’s Office and neighboring

police agencies shall be coordinated in advance by department
heads. Coordination shall be accomplished by written agreement
incorporating the following:
POLICY & PROCEDURE SERIES #121 Page 3 of 4

a. Identification of the provider agency and its personnel, i.e., life,

health, and liability insurance. Both agencies must understand
that one agency's liability insurance will not release an officer's
department from liability if the officer's action is negligent.
Both agencies may be liable.

b. List of resources to be shared.

c. Estimate of amount of aid available.

d. Payment for certain expenses, e.g., meals, lodging, gas,

overtime pay.

4. Occasionally it is necessary to request assistance from a federal law

enforcement agency, such as the FBI, when a bank robbery or a
major crime has been committed (e.g., murder and kidnapping) and it
is believed that the perpetrator of the crime has left the state. The
Sheriff will decide whether or not to request federal assistance.

5. If the department with the help of neighboring police agencies and the
State Police is unable to cope with an emergency such as a riot or
civil disturbance, the Sheriff may request from the Governor, the
assistance of the Virginia National Guard.

C. Statewide law enforcement support:

1. The department is a member of and participates in the use of the

Statewide Interdepartmental Radio System (SIRS) and complies with
the procedures for its use.

2. The department participates in the use of the Central Criminal

Records Exchange (CCRE) and complies with the procedures for the
use of this exchange. In addition, the department participates in the
Uniform Crime Reporting system of the Commonwealth of Virginia
and the Federal Bureau of Investigation.

3. Certain state-owned law enforcement resources may be made

available to the department for special use. These resources, and
the state agency to contact, include:

a. Canine teams - Virginia State Police. Canine teams, if

requested, shall be used with great caution when deploying
teams in heavily populated or congested areas. Handlers are
responsible for compliance with their own agency policies,
procedures, and restrictions.
POLICY & PROCEDURE SERIES #121 Page 4 of 4

b. Helicopter or fixed-wing aircraft - Virginia State Police and

Virginia Army National Guard, R.A.I.D. Normally requested in
advance by the Sheriff from the superintendent. May be
available on emergency basis through the Virginia State
Police.

c. Polygraph - Virginia State Police.

d. Riot truck and equipment - Virginia State Police.

e. Bomb Disposal - Virginia State Police.

 POLICY & PROCEDURE SERIES #122 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
RELATIONSHIP WITH OTHER 7/1/2018
AGENCIES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.14.01, ADM.14.02

I. PURPOSE:

To establish procedures and responsibilities for liaison and maintaining

communication between the sheriff’s office, neighboring law enforcement agencies,
and other criminal justice or social service agencies, both public and private.

II. POLICY:

Establishing and maintaining effective liaison and open channels of communication

between the department, neighboring law enforcement departments, emergency
services agencies, and criminal justice and referral agencies are essential first
steps in improving cooperation. Good liaison can break down barriers that may
exist and can result in savings and improved and more efficient and effective law
enforcement operations.

III. PROCEDURES:

A. Relationships with other criminal justice agencies:

1. It is the responsibility of all department personnel to maintain

harmonious working relations and communication with the
commonwealth's attorney; public defender; District, Juvenile and
Domestic Relations, and Circuit Courts; respective clerk's officers; the
local probation and parole officers; jail; juvenile detention home; and
any other criminal justice agencies. The department shall normally
provide all possible information, assistance, and support to these
agencies allowed by law. (ADM.14.01a)

a. Any serious policy or procedural problems or differences with

another agency or its personnel shall be brought to the attention of
the Sheriff who will meet with appropriate personnel of these
agencies in order to resolve the problems.

b. During any investigation, questions of law or criminal

procedure will be addressed with the Commonwealth’s Attorney.
Questions on law enforcement procedure will be addressed with a
POLICY & PROCEDURE SERIES #122 Page 2 of 2

supervisor or the Sheriff.

2. All employees of the department shall assist and cooperate with all
federal, state, and local law enforcement agencies in every way
possible allowed by law.

B. Relationships with emergency services agencies:

1. Department personnel will make every effort to maintain effective and

professional relationships with area emergency services agencies,
such as the King William County Volunteer Fire Department and
Rescue Squad, Mangohick Fire and EMS and the West Point
Volunteer Fire Department and Rescue Squad. (ADM.14.01b)

2. Officers should respond as needed with those emergency services in

the county and offer all available assistance.

C. Referrals:

Officers of the department often encounter citizens, either adult or

juvenile, who need specialized assistance that the department cannot
provide, i.e., marriage counseling, mental health services, welfare
assistance, and assistance in handling civil matters. When, in the
best judgment of an officer, this situation arises, he or she shall refer
the person in need of services to the most qualified agency to
address the problem, or consult with his/her supervisor to locate the
appropriate service.
(ADM.14.02)
 POLICY & PROCEDURE SERIES #123 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
DEPARTMENT ACCREDITATION 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

The purpose of this policy is to establish procedures for the maintenance of

Department Accreditation.

II. POLICY:

It is the policy of the King William County Sheriff’s Office to comply with all
applicable accreditation standards.

III. DEFINITIONS:

Accreditation: A set of standards designed to increase efficiency, effectiveness

and accountability in law enforcement organizations.

Accreditation Manager: The individual responsible for ensuring standards

compliance.

Assessors: Group of individuals assigned by VLEPSC sent to review standards

to determine if the Department is in compliance with the standards.

VLEPSC: Virginia Law Enforcement Professional Standards Commission

VLEPSC sets the standards for law enforcement and determines whether an
agency is in compliance.

Written Directive: State Codes, County Codes, Rules and Regulations, Policies
and Procedures, Plans, Memos, Orders, Directives, Training Bulletins and
County Policies.

Written Documentation: All written directives and other written proofs used to
prove that the Department meets a given standard.

To be successful in achieving Accreditation, the Department must comply

with time-sensitive activities mandated by VLEPSC. These activities are
 POLICY & PROCEDURE SERIES #123 Page 2 of 2

classified as reports, plans, systems, assessments/analysis,

inspections/audits, surveys, and reviews. The attached table of time
sensitive activities provides guidance for each branch/unit on generating
the required documentation.

IV. PROCEDURE

A. All branches and/or units are responsible for generating and/or

maintaining the documentation listed in the Appendix labeled Time
Sensitive Activities.

B. All documentation will be maintained for a period of at least three years,

beginning after each on-site assessment.

C. If there is a question about required documentation, consult the

Accreditation Manager for interpretation.

D. After promotion or reassignment of duties, the employee should meet with

the Accreditation Manager to review the applicable accreditation
standards and the requirements thereof.

E. The Accreditation Manager should be consulted prior to establishing any

new procedure or discontinuing any established procedure. The purpose
of this consultation is to determine if the change will cause a conflict with
standards compliance.
 POLICY & PROCEDURE SERIES #124 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
GRIEVANCE PROCEDURES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.08.01a-e
PER.08.02a-c
PER.08.03a-c

I. POLICY:

Employees of the King William Sheriff's Office are constitutional employees

meaning that all the employees are appointed by and serve at the pleasure of the
Sheriff. Deputies, dispatchers and support staff do not have a contractual right of
employment.

II. PURPOSE:

The purpose of this order is to outline and describe the department’s grievance
procedure.

DEFINITIONS:

A. A grievance shall be a complaint or dispute of an employee relating to

employment, including but not necessarily limited to: (PER.08.01a)

1. Disciplinary actions, including reprimands, (maybe upon the

recommendation of agency supervisors to the Sheriff), termination of
appointment, (whether resulting from formal discipline or unsatisfactory job
performance or an involuntary resignation) demotions, and suspensions.

2. The proper application of personnel policies, procedures, rules and

regulations, and ordinances and statutes.

3. Acts of reprisal as a result of participation in the grievance of another

employee.

1. Complaints of discrimination on the basis of race, color, creed, political

affiliation, age, handicap, national origin, or sex shall be assigned by the
Sheriff to the Chief Deputy for investigation.
POLICY & PROCEDURE SERIES #124 Page 2 of 2

III. PROCEDURES: (PER.08.01c)

When a problem cannot be resolved to the satisfaction of the employee, the

employee has the right and privilege of appealing through the formal grievance
procedure. This does not, however, confer the right of anyone to make slanderous
or libelous statements.

1. (Step 1): An employee who has a grievance will discuss the problem
directly with the supervisor within thirty (30) days of the incident. If the
grievance has not been resolved by the supervisor the grievant shall
then have five (5) working days to initiate the second step of the
grievance procedure. (PER.08.01b)

2. (Step 2): This step of the grievance procedure is initiated by the

employee placing his/her grievance in writing and giving it to the Chief
Deputy with a copy to his supervisor. This statement will be the
employee’s explanation of what has occurred. The written statement
must include, the specific alleged wrongful act, the resultant harm, and
a description of the remedy, adjustment or corrective actions sought.
The Chief Deputy will then meet with the grievant to receive the written
statement. A written reply by the Chief Deputy shall be made to the
grievant. A copy of the grievant’s statement and the Chief Deputy’s
response will then be submitted to the Sheriff. (PER.08.02a-c)

3. (Step 3): This final step of the grievance procedure shall be initiated by
the employee submitting his/her grievance in writing to the Sheriff. The
written statement must include the same elements as stated in step 2,
above. The written statement must be submitted to the Sheriff within
five days of the receipt of the Chief Deputy’s response. The Sheriff will
meet with the employee as soon as practical. The Sheriff shall transmit
his decision in writing to the employee. As stated before in this
regulation, the Sheriff has absolute, final authority over the
grievances of all employees.
(PER.08.03a.b.)

All grievances shall be kept as confidential as possible and the results placed in the
personnel file of that employee. (PER.08.03c)

The Sheriff has the final and absolute authority over all employee grievances and the
employee has a right to represent themselves in this process. As the Sheriff is a
constitutional officer there is no routine employee right to attorney representation in the
grievance process. (PER.08.01d)
 POLICY & PROCEDURE SERIES # 125 PAGE 1 OF 17
SUBJECT EFFECTIVE DATE
7/1/2018
DISCIPLINARY MEASURES
APPROVED
J.S. Walton
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.09.01
PER.09.02a-d
PER.09.03
PER.09.04a-b

I. PURPOSE:

To provide a comprehensive description of the types of actions that may result in

removal or suspension from the Department, as well as other disciplinary
measures that may be taken to correct employee behavior that does not meet
the standards of the Department.

II. STANDARDS OF CONDUCT

a. The King William County Sheriff’s Office has a set of rules governing the
performance and personal conduct and acceptable standards for work for
performance of employees. The Standards of Conduct and Performance
Policy are not applicable, however, to probationary employees, and wage
(hourly) employees or others exempted in the Code of Virginia. These
Standards of Conduct and Performance are designed and used to correct
behavior. Discipline under the Standards of Conduct and Performance
will not be based on any employee’s race, color, religion, national origin,
political affiliation, sex, disability or age. These standards were developed
to protect the well-being and rights of all employees. (PER.09.01)

b. Should a probationary employee’s conduct or performance require

corrective action, a suspension and/or transfer is permissible in lieu of
termination. In such cases, the Standards of Conduct may be used as a
guide to assess the level of corrective action that is appropriate. Written
Notice forms may not be issued when disciplining probationary
employees. Instead of the Written Notice, corrective action for
probationary employees must be issued by memorandum.

III. GENERAL PROCEDURES

a. The Standards of Conduct in this policy are designed to protect the well-
being and rights of all covered employees; to ensure safe, efficient
government operations; and to ensure compliance with public law.

b. The Standards serve to:

POLICY & PROCEDURE SERIES #125 Page 2 of 17

(1) Establish a fair and objective process for correcting or treating

unacceptable conduct or work performance;

(2) Distinguish between less serious and more serious actions of

misconduct and provide corrective action accordingly, and,

(3) Limit corrective action to employee conduct occurring only when

employees are at work or when otherwise representing the
Commonwealth in an official or work-related capacity, unless
otherwise specifically provided for in this procedure.

c. The standards in this policy are intended to be illustrative but not all
inclusive. Accordingly, an offense which, in the judgment of the agency
head, although not listed in this policy, undermines the effectiveness of the
agency’s activities or the employee’s performance should be treated
consistently with the provisions of this policy.

IV. TIMELY AND REGULAR ATTENDANCE

a. Planned absences should be arranged with supervisors in advance.

b. Unexpected absences should be reported to supervision as promptly as

possible, as determined by agency management.

V. DEPENDABLE APPLICATION OF TIME

Employees are expected to apply themselves at their assigned duties during the
full schedule for which they are compensated, except for reasonable time
provided to take care of personal needs.

VI. SATISFACTORY WORK PERFORMANCE

a. Employees are expected to meet established performance standards.

(PER.09.01)

b. Conditions or circumstances, as they become known, which will prevent

employees from performing effectively or from completing their assigned
tasks should be reported to supervision.

c. Unclear instructions or procedures should be brought to the attention of

supervision.

VII. SUPERVISING FOR BETTER WORK PERFORMANCE

a. Supervisors should assist employees in understanding their work

POLICY & PROCEDURE SERIES #125 Page 3 of 17

assignments, the Standards of Conduct, and the goals, objectives and

performance standards of their position.

b. Supervisors should be aware of inadequate or unsatisfactory work

performance or behavior on the part of employees and attempt to correct
the performance or behavior immediately. Depending on the severity of
the situation, corrective action may be accomplished through the use of
informal or formal means. Informal corrective action may take the form of
a counseling session or issuance of a counseling memorandum or letter.
Formal disciplinary action is accomplished by the issuance of a Written
Notice form. While it is hoped that most performance and behavior
problems can be resolved through a counseling process, such counseling
is not a prerequisite to taking formal disciplinary action. Informal
corrective action may also be accomplished through training either by the
department or by DCJS approved courses (PER.09.02a,b)

(1) Counseling refers to an informal discussion with the employee

about a work performance or behavior problem which, if not
corrected, could lead to disciplinary action. A counseling session
should:

(a) Be held in private.

(b) Include an interchange between the supervisor and

employee as to what course of action should be taken to improve
performance or correct behavior. Goals and objectives may need
to be established.

(c) Clarify, to the employee, the supervisor’s expectations.

(2) A counseling session may be followed by a memorandum or letter

documenting the contents of the conversation. Documentation of
counseling sessions should be maintained in the supervisor’s file,
not in the employee’s official personnel file except as backup to
subsequent written notices.

(3) Documentation of training will be maintained in the supervisors file,

not in the employee’s official personnel file except as a backup to
subsequent written notices. Documentation will also be maintained
in the employee’s training file in accordance with Policy &
Procedure #107.

c. Disciplinary action refers to a formal corrective measure based on a

violation of established Standards of Conduct which includes discussion of
the offense, an explanation of the evidence, and issuance of a Written
POLICY & PROCEDURE SERIES #125 Page 4 of 17

Notice.

d. For the purposes of this order, supervision relating to discipline begins at

the rank of Sergeant. The Sergeant may investigate a complaint against
an employee and may make a recommendation of discipline to the Sheriff.
In the absence of the Sheriff, the Sergeant(s) shall investigate and make a
recommendation based on that investigation to the Captain. If a situation
arises requiring immediate suspension from duty, the investigating
supervisor shall notify the Sheriff.
(PER.09.03)

VIII. REMOVALS DUE TO CIRCUMSTANCES WHICH PREVENT AN EMPLOYEE

FROM PERFORMING THE JOB

a. Employees unable to meet the working conditions of their employment

due to circumstances such as those listed below may be removed under
this section.

Examples of such circumstances: Loss of driver’s license which is

required for the job; incarceration for an extended period of time; failure to
obtain license or certification required for the job; loss of certification or
license required for the job; inability to perform the essential functions of
the job after reasonable accommodation (if required) has been
considered; conviction of a misdemeanor crime of family abuse for
employees whose jobs require: (a) carrying a firearm; or (b) authorization
to carry a firearm, etc.

b. Prior to such removal, the Sheriff shall notify the employee, either orally or
in writing, of the reasons for such removal and give the employee a
reasonable opportunity to respond.

c. Final notification of removal shall be by letter or memorandum rather than

by the Written Notice form.

IX. GROUPS OF OFFENSES AND MITIGATING CIRCUMSTANCES

a. Unacceptable behavior shall be divided into three types of offenses

according to their severity.

b. Specified corrective action for such offenses shall not be exceeded.

However, when in the judgment of the Sheriff, mitigating circumstances
exist; specified corrective action may be reduced.
POLICY & PROCEDURE SERIES #125 Page 5 of 17

(1) Mitigating circumstances include those conditions related to a given

offense that would otherwise serve to support a reduction of corrective
action in the interest of fairness and objectivity.

(2) Mitigating circumstances may also include consideration of an

employee’s long service and/or a history of otherwise satisfactory work
performance.

(3) Mitigating circumstances may support, as an alternative to

termination, an employee’s demotion or transfer to a position with reduced
responsibilities and a disciplinary salary action with a minimum of five
percent reduction in salary; transfer to an equivalent position in a different
work area; and/or suspension of up to 30 workdays for a Group III offense
or an accumulation of Group I or Group II offenses.

c. All Written Notices shall be prepared on the official disciplinary form

provided by the Office and shall include a reference to the employee’s
right to file a grievance.

d. Prior to the issuance of all Written Notices, the Sheriff shall review the
case file (investigative report and two recommendations for corrective
action) to determine if mitigating circumstances exist which would
otherwise justify modified corrective action.

e. Prior to the issuance of all Written Notices, disciplinary suspensions,

demotions, disciplinary transfers, and terminations, employees must be
given oral or written notification of the offense, an explanation of the
agency’s evidence in support of the charge and a reasonable opportunity
to respond. After notice of charges has been given, the person who is to
take action shall arrange to meet with the charged employee and
appropriate supervisors without undue delay, but not sooner than five
calendar days after notice of charges.

X. WORKPLACE HARASSMENT AND OTHER DISCRIMINATION

Employees found to have engaged in discrimination on the basis of race, color,

religion, national origin, political affiliation, disability, age or sex (including
workplace harassment), may be counseled or may be disciplined with a Group I,
II or III offense, depending on the specific facts and circumstances surrounding
the incident.

XI. UNAUTHORIZED USE OF COUNTY INFORMATION TECHNOLOGY

RESOURCES

Employees found to have engaged in inappropriate or unauthorized use of state

information technology resources (including but not limited to unauthorized use of
POLICY & PROCEDURE SERIES #125 Page 6 of 17

the internet), may be counseled or may be disciplined with a Group I, II or III

offense, depending on the specific facts and circumstances surrounding the
incident.

XII. FIRST GROUP OFFENSES (GROUP I)

a. First group offenses include types of behavior least severe in nature but
which require corrections in the interest of maintaining a productive and
well-managed work force.

b. Group I offenses include, but are not limited to:

(1) Unsatisfactory attendance or excessive tardiness.

(2) Abuse of County time. Examples include unauthorized time away

from work area, use of County time for personal business, abuse of
sick leave, failure to notify supervisor of completion of work
assignments, and excessive use of office telephones for personal
use.

(3) Obscene or abusive language.

(4) Inadequate or unsatisfactory job performance.

(5) Disruptive behavior.

(6) Conviction of a moving traffic violation while using a county vehicle.

c. Procedures for Issuing a Group I Notice

(1) When issuing the employee a Written Notice form for a Group I
offense, management should issue the notice as soon as practical.

(2) Group I Written Notices shall be cumulative in nature. Upon the

accumulation of three “active” Group I offenses, the employee
should normally be suspended without pay; not to exceed 10
workdays (or maximum of 80 hours for non-exempt
employees).Suspension of exempt employees shall be handled in
accordance with the provisions contained in paragraph 22 of this
general order. A fourth active Written Notice shall normally result in
removal or suspension without pay for up to 30 days, and/or
demotion or transfer with disciplinary salary action.

(3) Absent mitigating circumstances, a repeat of the same active

Group I offense should result in the issuance of a Group II offense
notice.
POLICY & PROCEDURE SERIES #125 Page 7 of 17

(4) A Written Notice for a Group I offense shall remain “active” for two
years from the date of issuance.

XIII. SECOND GROUP OFFENSE (GROUP II)

a. These offenses include acts and behavior of a more severe and/or

repetitive nature and are such that an additional Group II offense should
normally warrant removal.

b. Group II offenses include, but are not limited to:

(1) Failure to follow a supervisor’s instructions, perform assigned

work or otherwise comply with applicable established written
policy.

(2) Violating safety rules where there is not a threat of bodily

harm.

(3) Leaving the work site or duty post without permission during
working hours.

(4) Failure to report to work as scheduled without proper notice to

supervision.

(5) Unauthorized use or misuse of County property or records.

(6) Refusal to work required overtime.

(7) Divulging confidential information regarding the promotional

process or unauthorized possession or dissemination of
promotional materials.

c. Procedures for Issuing a Group II notice

(1) When issuing the employee a Written Notice form for a Group II
offense, management should issue such notice as soon as
practicable. Discipline shall normally take the form of the notice
only or notice and up to 10 workdays.

(2) An additional Group II offense should normally result in removal.

Further, a single Group II offense coupled with three “active”
Group I offenses should normally result in removal.

Note: Mitigating circumstances may justify the use of demotion;

POLICY & PROCEDURE SERIES #125 Page 8 of 17

suspension of up to 30 workdays; and/or transfer with reduced

responsibilities and a disciplinary salary action; or transfer to an
equivalent position in a different work area with no charge in
salary as an alternative to removal.

(3) If the employee is not removed, due to mitigating circumstances

he/she is to be notified that any subsequent Written Notice issued
during the “active” life period, regardless of level, may result in
removal.

(4) Written Notices for Group II offense shall remain “active” for three
years from the date of issuance.

XIV. THIRD GROUP OFFENSES (GROUP III)

a. These offenses include acts and behavior of such a serious nature that a
first occurrence should normally warrant removal.

b. Group III offenses include, but are not limited to:

(1). Absence in excess of three days without calling in or providing

proper notice to supervisor.

(2) Reporting to work when impaired by or under the influence of

alcohol, or the unlawful use of controlled substance.

(3) Use of alcohol or unlawful use or possession of controlled

substance while on the job.

(a) Violation of any criminal during law, based upon conduct

occurring either on or off the workplace.

(b) Failure to report to his/her supervisor that he/she has been

convicted of a violation of any criminal drug law, based upon
conduct occurring either on or off the workplace, within five
calendar days of conviction.

(4) Insubordination or serious breach of discipline.

(5) Falsifying any records such as, but not limited to: vouchers, reports,
insurance claims, time records, leave records, or other documents,
or knowingly making any false official statement.

(6) Willfully or negligently damaging or defacing County records or

County or employee property.
POLICY & PROCEDURE SERIES #125 Page 9 of 17

(7) Theft or unauthorized removal of County records or County or

employee property.

(8) Gambling on County property or during working hours.

(9) Acts of physical violence or fighting (except when related to official

police actions).

(10) Violating safety rules where there is a threat of bodily harm.

(11) Sleeping during working hours.

(12) Participating in any kind of work slowdown, sit-down, or similar

concerted interference with County operations.

(13) Unauthorized possession or use of firearms, dangerous weapons,

or explosives.

(14) Threatening or coercing employees, supervision, or the public.

(15) Criminal convictions for acts of conduct occurring on or off the job
which are plainly related to job performance or are of such a nature
that to continue the employee in the assigned position could
constitute negligence in regard to the agency’s duties to the public
or to other County employees.

(16) Refusal to take polygraph examination or to answer fully and

truthfully any questions relating to any offense requiring submission
to such a test.

(17) Refusal to take physical or mental examination as required.

(18) Using public office for private gain.

(19) Engaging in criminal conduct on or off the job.

(20) Engaging in conduct, whether on or off the job, that undermines the
effectiveness or efficiency of the Department’s activities. This
includes actions which might impair the Department’s reputation as
well as the reputation or performance of its employees.

(21) Willful disobedience of a lawful command of a supervisor.

(22) Disclosure of confidential information to any person except those

who may be entitled to such information or when directed by the
Sheriff or a supervisor.
POLICY & PROCEDURE SERIES #125 Page 10 of 17

(23) Acceptance of any bribe, gift, token, moneys, or other things of

value intended as an inducement to perform or refrain from
performing any official act, or any action of extortion or other means
of obtaining money or anything of value through his/her position.

(24) Manifesting cowardice, feigning illness, or otherwise attempting to

shirk official duty.

(25) Involvement in any compromise between persons accused of crime

and the person or persons who may have suffered from criminal
acts with the purpose of allowing the accused to escape
punishment.

(26) Failure to answer questions specifically directed and related to

official duties or job fitness during administrative investigations and
inquiries.

(27) The use of unnecessary force during an arrest/custody procedure.

(28) Deviation from established procedures in the disposition of

summons or arrest cases or interfering or attempting to interfere
with the disposition of a summons issued or an arrest made by any
police officer.

(29) Unauthorized use or misuse of any County funds or other lawfully

obtained funds.

(30) Failure of an employee whose job requires carrying a firearm or

authorization to carry a firearm to report a conviction for a
“misdemeanor crime of family abuse.”

(31) De-encryption, deletion, viewing, examination, copying, disabling,

distribution or modification of computer files or data belonging to
other users without prior consent or authorization.

C. Procedures for Issuing a Group III Notice

(1) When issuing an employee a Written Notice form for a Group III
offense, management should issue such notice as soon as
practicable. Discipline shall normally take the form of the notice
and removal or notice and up to 30 workdays (or maximum of 240
hours for non-exempt employees)maximum suspension without
pay in lieu of removal. Suspension of exempt employees shall be
handled in accordance with the provisions contained in paragraph
22 of his general order.
POLICY & PROCEDURE SERIES #125 Page 11 of 17

NOTE: Mitigating circumstances may justify the use of demotion,

suspension for up to 30 days (or maximum of 240 hours for non-
exempt employees), and/or transfer to a position with reduced
responsibilities and a disciplinary salary action with a minimum five
percent reduction in salary or transfer to an equivalent position in a
different work area as an alternative to removal.

(2) If the employee is not removed, due to mitigating circumstances,

the employee is to be notified that any subsequent Written Notice
issued during the “active” life period, regardless of level, may result
in removal.

(3) Written Notices for Group III offenses shall remain “active” for four
years from the date of issuance.

XV. “ACTIVE” LIFE OF NOTICES

a. Group I Written Notices shall have a two year “active” period from the date
the notice was issued to the employee.

Group II Written Notices shall have a three year “active” period from the
date the notice was issued to the employee.

Group III Written Notices shall have a four year “active” period from the
date the notice was issued to the employee.

These active periods are definite and shall not be extended because of
absence.

b. Written Notices shall not be removed from the employee’s personnel file.

EXCEPTION: A Written Notice can be removed if the agency reduces or

vacates its action or, through the grievance procedure, it is determined the
notice issued was not justified. In such cases, the Sheriff shall be
responsible for placing the removed notice in a grievance or separate
confidential file. Under no circumstances should it be destroyed or remain
in the employee’s personnel file, nor should it be taken into consideration
in any future personnel actions.

c. Written Notices that are no longer active as stated in paragraph a. above

shall not be taken into consideration in the accumulation of notices or the
degree of discipline for a new offense; however, an inactive notice may be
considered in determining the appropriate disciplinary action if the conduct
or behavior is repeated.
POLICY & PROCEDURE SERIES #125 Page 12 of 17

XVI. REMOVAL

a. The termination of the services of an employee shall be termed a removal

when the employee is disqualified from continuing to render satisfactory
services as illustrated, but not limited, by the groups of offenses as
outlined under Standards of Conduct. (PER.09.02c)

b. When a non-probationary employee has been removed, the Sheriff will

provide him/her with a statement of the status of his/her fringe and
retirement benefits after separation from the Department.

XVII. PROCEDURE FOR REMOVAL AND SUSPENSION

a. The Sheriff may suspend without pay for a period not exceeding 30 work
days in lieu of termination in Group III offenses and for other periods as
set forth in the Standards of Conduct for Group I and II offenses. For
purposes of suspensions without pay, “workday” is defined as twelve
hours for non-exempt employees. Suspension of exempt employees shall
be handled in accordance with the provisions contained in paragraph 22 of
this policy. (PER.09.02c)

b. Before any Written Notice, suspension, disciplinary transfer, demotion, or

recommendation for removal is implemented, the matter will be reviewed
by the Sheriff. In addition, the Sheriff will review any and all evidence
relating to discrimination or racial or workplace harassment before the
matter is finalized or action is taken.

c. Employees terminated shall be notified in writing of the reason for the

removal and the effective date of the termination. (see Appendix A)
(PER.09.04a,b)

XVIII. PRE-DISCIPLINARY LEAVE, SUSPENSION PENDING COURT ACTION

AND/OR AGENCY AND OFFICIAL INVESTIGATION PRE-DISCIPLINARY
LEAVE IS LEAVE WITH PAY TO BE USED WHEN DISCIPLINARY ACTION IS
BEING CONSIDERED AND THE EMPLOYEE’S REMOVAL FROM THE
WORKPLACE IS NECESSARY OR PRUDENT.

XIX IMMEDIATE REMOVAL FROM THE WORKPLACE FOR DISCIPLINARY

REVIEWS OR ADMINISTRATIVE INVESTIGATIONS

a. An employee may be immediately sent away from the work area when the
employee’s continued presence (1) may be harmful to self or other
employees or citizens, (2) makes it impossible for the agency to execute
POLICY & PROCEDURE SERIES #125 Page 13 of 17

its functions, or (3) could constitute negligence in regard to the agency’s

duties to the public or to other employees.

b. An employee should be immediately advised of the reason for his/her

removal from the workplace. As soon as possible after an employee’s
removal from the work area for reasons stated above, the Sheriff must
provide the employee with written notification of the intended corrective
action and a summary or description of the evidence of the offense for
which the corrective action is being contemplated, and when applicable,
that an administrative investigation of the employee’s conduct is
underway. Employees must be provided a reasonable opportunity to
respond before taking any formal corrective action.

c. Employees may be placed on pre-disciplinary leave in order to conduct a

disciplinary review or administrative investigation for up to fifteen
workdays (maximum of 120 hours of non-exempt employees). If the
disciplinary review or administrative investigation is not completed within
15 workdays, the agency must (1) impose disciplinary action; (2) permit
the employee to return to work pending the outcome of the review or
investigation; or (3) extend pre-disciplinary leave with pay for a specified
period of time as determined by the Sheriff.

d. Written notification of pre-disciplinary leave with pay pending a disciplinary

review or agency administrative investigation should be by memorandum,
not by the Written Notice Form.

XX. REMOVAL FROM THE WORKPLACE FOR ALLEGED CRIMINAL CONDUCT

a. The Sheriff may also immediately remove an employee from the

workplace without providing advance notification when he/she is under
investigation for alleged criminal conduct that is related to the nature of
his/her job or to the agency’s mission. The Sheriff should consider the
employee’s ability to perform his/her assigned responsibilities and if the
employee’s continued presence may constitute negligence in regard to the
agency’s duties to the public and/or other employees. The Sheriff should
also consider whether the employee’s continued presence may be harmful
to the employee, other employees, citizens; and/or makes it impossible for
the agency to conduct business; or if it may hamper the investigation by
law enforcement.

b. An employee who is placed on pre-disciplinary leave with pay because of

alleged criminal conduct that impacts the employee’s ability to do his/her
job or represents a risk to the agency shall be continued on leave with pay
until either (a) the employee is formally charged with a criminal offense by
authorities or entities, such as by arrest or indictment, or (b) the criminal
investigation is concluded without any formal charges being made.
POLICY & PROCEDURE SERIES #125 Page 14 of 17

c. Any employee who is formally charged with a criminal offense (that is

related to the nature of his/her job or to the agency’s mission) shall be
immediately suspended without pay for a period not to exceed 90 calendar
days. Employees may be allowed to charge accrued annual, overtime,
compensatory, or family personal leave to this period of suspension
provided that the employee has sufficient leave balances.

d. If, at the conclusion of the 90-day period there has been no resolution of
the criminal charge, the employee will be placed on or returned to pre-
disciplinary leave with pay until the charge has been resolved. If the
criminal investigation is concluded without any formal charges being
made, or if the charge is resolved without the employee being convicted of
it, the employer shall return the employee to active status. Any accrued
annual leave applied to the period of suspension without pay shall be
reinstated.

e. Regardless of the status of any criminal investigation or process, the

agency may determine at any time to institute disciplinary charges against
the employee under the Standards of Conduct, up to and including
termination, based upon the facts or evidence of conduct that prompted
the criminal investigation or process.

XXI. DISCIPLINARY SUSPENSIONS FOR 10 WORKDAYS OR LESS

Before any suspension may be imposed, the person who is to take actions shall
give notice in writing of charges.

a. After notice of charges has been given, the person who is to take action
shall arrange to meet with the charged employee and appropriate
supervisors without undue delay, but not sooner than five calendar days
after notice of charges. The purpose is to provide an explanation of the
evidence supporting the charges, to allow an oral response, and provide
appropriate instruction. The employee may respond in writing before the
meeting.

b. Within a reasonable time after meeting with the employee and after such
employee has been given the opportunity to respond orally and in writing,
the person who is to take action shall inform the employee in writing of the
action which is to be taken. The Sheriff’s decision is final.

XXII. RECOMMENDATION FOR DISCIPLINARY SUSPENSION IN EXCESS OF 10

WORKDAYS, DEMOTION, TRANSFER OR TERMINATION

The Sheriff shall have the authority to suspended, demote, transfer or terminate
POLICY & PROCEDURE SERIES #125 Page 15 of 17

any employee.

a. The Sheriff shall within a reasonable time, preferably within 10 calendar

days, proceed with the matter and take appropriate action. The Sheriff will
give notice in writing of the charges.

b. After notice of charges has been given, the Sheriff shall arrange to meet
with the charged employee and appropriate supervisors without undue
delay, but not sooner than five calendar days after such notice of charges.
The purpose is to provide an explanation of the evidence supporting the
charges and to allow an oral response by the employee. The employee
may respond in writing before the meeting.

c. Within a reasonable time after meeting with the employee and after such
employee has been given the opportunity to respond orally and in writing,
the person who is to act upon the recommendation shall inform the
employee in writing of the action which is to be taken. Such employee
shall also be informed of appeal procedures which may be applicable
under 9.1-504 or 2.2-3004 of the Code of Virginia.

XXIII. DISCIPLINARY SUSPENSIONS OF EXEMPT EMPLOYEES

a. If an exempt employee is suspended for disciplinary reasons (Written

Notice Issued) related to a violation of workplace conduct (e.g.,
inappropriate conduct, including harassment, violations of drug or alcohol
policies, or violations of federal or state laws) the suspension shall be not
less than a full workday. Suspensions of more than one workday must be
in multiples of full workdays, e.g., a three-day (24 hour) suspension for an
employee assigned to 8-hour workdays, or a three-day (30 hour)
suspension for an employee assigned to 10-hour workdays. If it becomes
necessary to remove an exempt employee from the workplace for a partial
workday due to the employee’s misconduct, the employee must be paid
for the partial day’s absence.

b. If an exempt employee is suspended for disciplinary reasons (Written

Notices issued) related to the employee’s attendance or performance
problems unrelated to workplace conduct, the suspension shall be not less
than a full workweek. Suspensions of more than one workweek will be in
multiples of full workweeks, e.g., a three-week (120-hour) suspension. An
employee may not be permitted to serve a suspension related to
attendance or performance other than in whole workweek segments.
Less serious violations in these areas should be addressed by other
means of discipline reserving suspensions for the most serious or
repeated violations.

EXAMPLE:
POLICY & PROCEDURE SERIES #125 Page 16 of 17

An employee’s workweek is Saturday midnight through 11:59 p.m. the

following Friday. His normal work schedule is Monday through Friday,
8:00 a.m. to 4:45 p.m. His disciplinary suspension for poor attendance or
performance can be Monday through Friday, 8:00 a.m. to 4:45 p.m. It is
not appropriate for the disciplinary suspension to be Tuesday through
Monday of the following week as this could affect the employee’s
exemption status under the Fair Labor Standards Act; nor is it appropriate
for this employee’s suspension to be less than a workweek.

c. Suspension of an exempt employee for an infraction of a safety rule of

major significance may be applied for less than a full workday or
workweek. Safety rules of major significance are defined as provisions
intended to prevent serious danger to the workplace or to other
employees, such as prohibiting smoking in explosive plants, oil refineries,
and coal mines.

XXIV. APPEAL PROCEDURE FOR NON-PROBATIONARY EMPLOYEES

When a sworn employee has been dismissed or suspended for corrective action,
such sworn employee may request a hearing as provided for in 9.1-504 of the
Code of Virginia. However, employees of the King William Sheriff’s Office are
constitutional employees meaning that all the employees are appointed by and
serve at the pleasure of the Sheriff. Deputies, dispatchers and support staff do
not have a contractual right of employment.

The Sheriff and supervisory personnel shall strive to maintain fairness in all
personnel and disciplinary matters. Employees with grievances or wishing to
appeal disciplinary actions may meet with the Sheriff to discuss resolution of
these matters. The Sheriff has absolute, final authority over the appeal process
of disciplinary actions and grievances of all employees.

a. If such request is received with 15 calendar days after such action, a

hearing shall be scheduled. Such hearing shall be held no later than 14
calendar days after receipt of such request, unless a later date is agreed
to by the sworn employee.

b. Panel selection and conduct of the hearing shall be in keeping with the
provisions of 9.1-504 of the Code of Virginia.

c. The standard of proof shall be the preponderance of evidence.

d. The recommendations of the panel shall be determined by the majority of

the panel, and shall be handled in keeping with 9.1-504 of the Code of
Virginia.
POLICY & PROCEDURE SERIES #125 Page 17 of 17

e. Whenever an employee has been dismissed or suspended, such person

may request a hearing as provided for in the County Grievance Procedure
Policy. Those provisions may also be available to a non-probationary
sworn employee who has not elected to proceed under provisions of 9.1-
504 of the Code of Virginia.

f. The foregoing procedures shall not be required for an employee in a

probationary status.

(1) If during a period of probationary employment it is decided by the

employee, or the Sheriff that the employee is not suited for the job,
the record will merely indicate that the person was terminated
during such period of probationary employment.

(2) Where discrimination based on race, color, religion, national origin,

political affiliation, sex, age, or disability is claimed, however, the
matter may be pursued by the filing of a complaint with Office of
Equal Employment Services of the Virginia Department of Human
Resource Management. (PER.09.02d)

XXV. Any employee who separates from the Department or is relieved from duty with a
recommendation for separation must turn in all property belonging to the
Department to the Captain.

a. The Captain shall hold such property until the employee returns to duty or
his/her status is determined.

b. After being relieved from duty, a sworn employee shall not represent
himself/herself as a sworn employee of the Department, except when
appearing in court concerning cases which occurred while he/she was in
good standing.

XXVI. Any employee who separates from the Department or is relieved from duty with a
recommendation for termination will under no circumstances have access to
Department information systems, equipment or facilities.

The Sheriff has absolute, final authority over the grievances and discipline of all
employees and as such may disregard all or a portion of the above procedures.
 POLICY & PROCEDURE SERIES #126 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
LAW ENFORCEMENT 7/1/2018
INFORMATION EXCHANGE APPROVED
(LInX) J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE

To ensure that the agency properly administers its data to and releases
data that is shared through the Law Enforcement Information Exchange
(LInX) regional data sharing system.

II. POLICY

The department will establish procedures related to administration,

security, training, access, use, release of information and audits of the use
of the Law Enforcement Information Exchange (LInX) regional data
sharing system, and that agency personnel access the system only for
bona fide purposes.

III. PROCEDURE

A. Administration & Security

1. The Sheriff designates the agency’s LInX system
administrator and the security administrator, who may be
the same person.
2. The Sheriff designates the positions or persons as having
access to LInX system as follows:
a. Level 1 Tactical Access – all sworn members of the
department
b. Level 2 Investigative/Analytical – all sworn members of
the department
c. Level 3 System Administrator – person(s) designated
by the Sheriff
d. Level 4 Security Administrator – person(s) designated
by the Sheriff

B. Security
1. The department adheres to the most current security
guidelines established by the LInX board of directors.
2. The department assumes responsibility for and enforces
established security measures with regard to its staff.
3. All data, regardless of its source, that is contributed to LInX
POLICY & PROCEDURE SERIES #126 Page 2 of 5

is for documented law enforcement purposes only.

4. Downloading and/or printing of hardcopies of information
obtained via LInX is prohibited. Notes may be made of
information received.
5. If a copy information is permanently needed, the user shall
obtain a copy directly from the contributing agency.
6. No member of the department shall provide information in
LInX to any person outside of the department without
approval from a supervisor. If such approval is given, the
information is provided verbally along with the name of the
originating agency.

C. Access & Training

1. Access
a. Any person under the age of 18, or who has a felony
conviction or is wanted in any location is prohibited
from access to the LInX system.
b. Access to the system will be through password
protected user accounts. User permissions will be
based upon the level of access granted by the Sheriff.
1. Tactical access – the user will have the ability to
conduct a tactical query of names, addresses,
vehicle registrations, Social Security numbers,
FBI numbers and similar data.
2. Investigative/Analytical access – includes
tactical access and expands to text documents
or unstructured information with applicable
search and analytical capabilities; provides for
advanced query and analytical tools to conduct
investigations; crime problem studies and
executive briefings.
3. System and Security Administrator(s) – will have
access to all tactical and investigative
information as well as administrative
permissions.

2. Training
a. The departments authorized users are trained on the
use of the system consistent with their approved level
of access. Users shall agree upon the stipulations set
forth in the LInX User Rules and Agreement before
being allowed access. A copy of their signed
declaration shall be on file with the department.
b. Those persons designated as having level access to
the system are trained after successfully completing
probationary status and within a reasonable time
POLICY & PROCEDURE SERIES #126 Page 3 of 5

before being granted such access to the system.

c. Any designated security administrator may train a
member of the department on the use of the system.

3. Use
a. Use of the system is limited to needs connected to a
legitimate law enforcement function. Such needs may
include, but are not limited to criminal investigations,
checks for wanted status, or applications for
employment.
b. The officer makes a discretionary decision to access
LInX in the performance of his/her law enforcement
duties.
c. The LInX system may be queried for information
related to officer safety when serving warrants, mental
health orders, or any other official act that may
jeopardize officer(s) safety.
d. The system is not to be used for the purposes of
releasing the results of a local criminal history records
query for any individual. The system should be used
when a local records query is requested to determine
the wanted status of individual who may have a
warrant that cannot be entered into NCIC/VCIN. The
arrest/conviction data from another agency, found in
the system, is not released as part of a local criminal
history query.
e. No terminal either mobile or non-mobile shall be left
unattended while connected to the LInX system.
f. Users are prohibited with sharing their
username/password with anyone inside or outside the
department.

4. Justification Code
Should a “Justification Code” be required, the user enters
the appropriate case number, or purpose (CJ employment,
etc.), similar to that used for the NCIC/VCIN system. For
secondary disseminations, the user enters the names of the
law enforcement officer and agency for whom the query was
made.

D. Release of Information
1. All queries, responses and releases of information are
subject to audit. The release of information is limited to law
POLICY & PROCEDURE SERIES #126 Page 4 of 5

enforcement officers and civilian personnel as authorized by

the Sheriff. The release of information obtained through
LInX is limited as follows:
a. Primary Dissemination – Information is released to any
person over whom the Sheriff has the authority to
remove from employment. The information is released
verbally or by handwritten notes.
b. Secondary Dissemination – Information is only
released verbally to any law enforcement officer over
whom the Sheriff does not have the authority to
remove from employment. The notes containing
information about each secondary dissemination is
forwarded to the security administrator with the
following notations:
1. Date and time of release
2. First and last names of the officer to whom the
information was released
3. Name of the receiving officer’s agency
4. Name of the officer who verbally released the
information

2. Logs
The purpose of the log is to protect the department and its
LInX users from claims that information was released in
violation of the LInX operational guidelines and from civil
claims arising from the release of information from the LInX
data warehouse.
1. The departments’ security administrator shall
maintain a record of all secondary
dissemination.
2. All secondary dissemination logs are kept in
accordance with the current Records Retention
Schedule.

E. Audits
1. Once a calendar year the security officer shall conduct an
audit of the use of the LInX system by the department’s
staff.
a. Each audit is kept for the life of the records, or a
minimum of five (5) years, whichever is greater, but in
either case is kept in compliance with the Virginia
Records Retention Act.
b. Spot audits may be conducted at any time, with or
without cause.
c. Errors found through the audit are addressed through
training and progressive discipline.
POLICY & PROCEDURE SERIES #126 Page 5 of 5

d. The results of the audit are reported to the Sheriff and

other persons at their direction.

F. LInX Information and Probable Cause

Information obtained through the LInX system alone does not
constitute probable cause for an arrest, search or seizure. The
information does contain that data, a report, outstanding warrant or
any other information may exist in the records management system
(RMS) of an identified participating agency.
1. Conformation of Information
To the maximum extent possible, the officer contacts the
originating agency to confirm the information is accurate,
timely, and complete before making an arrest or seizing
property based solely on any LInX response.

2. Request for Records from any Originating Agency

If a document found through a LInX response is needed to
support any legal action, the officer requests a copy of the
original document directly from the originating agency. A
printed or downloaded copy of the document from the LInX
data warehouse is not used as the original document to
support legal action.
3. The following may be included in the future in the LInX data
warehouse and dot require immediate conformation, but
may be included as they are intended to provide officers
with adequate warning about persons who have had
involvement in violent criminal acts or who are known to
represent a potential immediate danger to the officer and/or
general public:
a. Violent Gang and Terrorist Organization (VGTO)
b. Convicted persons on supervised probation
c. Sex Offender Registry (SOR)
d. Protective Orders
e. Other officer safety bulletins
f. Mugshots
1. Mugshots obtained through the LInX system to
be used without prior permission from the
originating agency unless there is a specific
notice or request entered into the system from
the originating agency not to use the mugshot.
2. If the mugshot includes a notice from the
originating agency not to use the mugshot, the
officer shall contact the originating agency and
requests permission to use the mugshot or have
a copy of the mugshot sent directly to the
officer.
 POLICY & PROCEDURE SERIES #128 PAGE 1 OF 14
SUBJECT EFFECTIVE DATE
7/1/2018
INTERNAL AFFAIRS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.05c
ADM.18.01
ADM.18.02 a-c
ADM.18.03 a-c
ADM.18.04 a-c
ADM.18.05 a-c
ADM.18.06 a-b
PER.02.02
PER.09.05
PER.11.01

I. POLICY

The department's image and reputation depend on the personal integrity and
discipline of all departmental employees. To a large degree, the public image of
the department is determined by a professional response to allegations of
misconduct against its employees. The department must competently and
impartially investigate all allegations of misfeasance, malfeasance, nonfeasance by
employees and complaints bearing on the department's response to community
needs. The department recognizes that its personnel are often subject to intense
pressures in the discharge of their duties. The employee must remain neutral
under circumstances that are likely to generate tension, excitement, and emotion.
In these situations, actions and events frequently result in misunderstanding and
confusion. It is to the advantage of all employees to have a procedure for the
investigation of the more serious allegations and underlying circumstances so that
complaints can be resolved in light of the complicated pressures of law-
enforcement work. The Sheriff’s Office recognizes the exceptional performance or
acts of members of this office and the procedure to do so shall be made available
to the public.

II. PURPOSE

To describe procedures for making complaints against department personnel, for

investigation and adjudication of said complaints, and to list and define the
procedures for record keeping of complaints.

It is the policy of the King William County Sheriff’s Office to investigate all
complaints of misconduct by any Department member reported by a citizen or other
Department member, to include anonymous complaints. (ADM.18.02b)

This directive shall be made available to all Department members.

POLICY & PROCEDURE SERIES #128 Page 2 of 14

(ADM.18.03c)

III. PROCEDURES – GENERAL

A. Categories of complaints that shall be investigated by Investigator assigned

by the Sheriff shall include the following: (ADM.18.03a); (ADM.18.04a)

1. Police Brutality/Excessive Force

2. Violation of Constitutional Rights (to include allegations of

discrimination) (PER.02.02)

3. Criminal Activities

4. Complaints of bias or “racial profiling.” (ADM.02.05d)

In any case where it is alleged that a member of the Department has

committed any of the above and the person is hospitalized or seriously
injured, the Sheriff shall be notified immediately.

B. Receipt of complaints

The department encourages citizens to bring forward legitimate grievances

regarding misconduct by employees. Department members shall receive all
complaints courteously and shall forward all complaints to the Sheriff
immediately. All officers are obligated to explain complaint procedures to
inquiring citizens.

C. Responsibilities of supervisors

1. First-line supervisors are primarily responsible for enforcing

conformance with departmental standards and orders. (ADM.18.04b)

2. First-line supervisors shall know the officers in their charge by closely

observing their conduct and appearance.

3. First-line supervisors shall be alert to behavioral changes or problems

in their subordinates and, if necessary, document these changes and
confer with higher authorities. The first-line supervisor shall assess
the behavior, take or recommend appropriate action.

4. The supervisor shall recommend and, if appropriate, help conduct

extra training for officers not performing according to established
standards
POLICY & PROCEDURE SERIES #128 Page 3 of 14

5. The first-line supervisor shall employ counseling techniques

sanctioned by the department. Counseling is used to adjust and
correct minor, infrequent errors or instances of poor performance and
to ascertain the nature of any professional or personal problems that
bear on performance.

a. The supervisor shall document all instances of counseling.

D. How to make a complaint

A copy of "How to Make a Complaint" will be posted in the public area of the
department and may be given to any citizen requesting information on how
to make a complaint. A copy of "How to Make a Complaint" is found in the
appendix to this order. (ADM.18.01)

E. Responsibility for handling complaints

1. The Sheriff may at his discretion assign a complaint for investigation

to the Captain or other Supervisor who shall report solely to the
Sheriff. (ADM.18.03b)

2. Complaints alleging improper conduct, brutality, or misconduct

involving several personnel or supervisory personnel may be
investigated by an outside agency upon request of the Sheriff.

F. Complaint-handling procedures

1. All complaints, regardless of nature, can be logged in person, by mail,

email or by phone at any time. As part of the follow-up investigation,
persons making complaints by mail or phone normally shall be
interviewed and a written, signed complaint prepared. A copy of the
complaint form is found in the appendix to this order. Anonymous
complaints shall be followed up to the extent possible. Complaints
will not be received via social media.

a. In case of an anonymous complaint, the officer or other person

who receives the anonymous complaint shall complete the
form in the appendix to the extent possible.

2. Every effort shall be made to facilitate the convenient, courteous, and

prompt receipt and processing of citizen complaints. An employee of
the department, who interferes with, discourages, or delays the
making of complaints shall be subject to disciplinary action.

3. Normally, a citizen with a complaint shall be referred to the Sheriff or

the Captain who shall assist the citizen in recording pertinent
POLICY & PROCEDURE SERIES #128 Page 4 of 14

information. The Captain shall at least conduct a preliminary

investigation. The Sheriff may, if appropriate, conduct a preliminary
investigation. The preliminary investigation consists of questioning
the officer, complainants, or witnesses, and securing evidence.

a. Upon completion of the preliminary investigation, the following

documents shall be prepared and forwarded through the chain
of command: a report of the alleged violation; any documents
and evidence pertinent to the investigation; recommendations
for further investigation or other disposition.

4. If the Captain or other investigators determine that the complainant is

apparently under the influence of an intoxicant or drug, or apparently
suffers from a mental disorder, or displays any other trait or condition
bearing on his or her credibility, the Captain or investigator shall note
these conditions on the reverse side of the complaint form. Any
visible marks or injuries relative to the allegation shall be noted and
photographed.

a. Prisoners or arrestees also may make complaints, although

circumstances may require a department representative to
meet the complainant at a jail or prison for an interview. If
appropriate, the representative will have photographs taken of
prisoners' injuries.

5. An employee who receives a citizen's complaint through U.S. mail

shall forward it to the Sheriff, who shall determine investigative
responsibility.

6. Complaints received by telephone shall be courteously and promptly

referred to the Sheriff. The employee shall record the name and
telephone number of the complainant and state that the Sheriff or, the
Captain shall call back as soon as practical.

7. The above procedure may also be used when department employees

desire to enter a complaint against any other employee governed by
this order.

8. All complaints shall be recorded in the Internal Affairs Master Log.

(Appendix 4) (ADM.18.02a)

G. Disposition of complaints generally

The Sheriff shall:

1. Notify the complainant, in writing, as soon as practical, that the

POLICY & PROCEDURE SERIES #128 Page 5 of 14

department acknowledges receipt of the complaint that it is under

investigation and notice when the investigation is complete. If the
investigation exceeds thirty days, the Sheriff shall write the
complainant a letter explaining the circumstances of the delay.
(ADM.18.06a)

2. Notify the Department member(s) of the status and disposition of the

complaint. (ADM.18.06b)

3. Maintain complaint files separate from personnel files.

4. Recommend appropriate disciplinary action following the

investigation.

IV. PROCEDURES: Investigative

Two types of investigations may take place: administrative or criminal. Different

rules govern interviews of employees in each case. Before any interview, the
employee under investigation shall receive a confidential written notice of the
complaint. This notice will include a copy of the original complaint, a summary of
the facts, and the officer's rights and responsibilities. (ADM.18.05a)

A. Assistance of legal counsel

1. Employees are not permitted to have an attorney, supervisor, or other

representative with them in the room during any interview regarding
allegations of misconduct.

B. Interview for administrative purposes

If the Sheriff wishes to compel an employee to answer questions directly

related to his or her official duties and the Sheriff is willing to forego the use
of any answers in a criminal prosecution, the Sheriff or another interviewer
shall advise the employee that:

1. The purpose of the interview is to obtain information to determine

whether disciplinary action is warranted. The answers obtained may
be used in disciplinary proceedings resulting in reprimand, demotion,
suspension, or dismissal.

2. All questions specifically related to employment must be fully and

truthfully answered. Refusal to answer may result in disciplinary
action. (ADM.18.05c)
POLICY & PROCEDURE SERIES #128 Page 6 of 14

3. No answers given nor any information obtained by reason of such

statements are admissible against the employee in any criminal
proceeding.

a. Read to the employee the following:

"I am ________________ of the King William County Sheriff’s

Office. I am conducting an official investigation in reference to
the complaint listed on the Letter of Allegation. You are
required to answer any questions related to this investigation.
Any statement you give may not be used against you in any
potential criminal proceeding."
(ADM.18.05.b)

4. In an interview for administrative purpose, no Miranda rights are

required. Further, the foregoing rules are inconsistent with Miranda in
that employees' statements cannot be used as evidence.

a. The interviewing officer shall present a Letter of Allegation

(Appendix 1) to the officer prior to any questioning.
(ADM.18.05a)

C. Interviews for criminal investigative purposes

If the Sheriff believes that criminal prosecutions are possible and wishes to
use statements against the employee in a criminal proceeding, or at least
wishes to maintain the option of their use, he or another interviewer shall:

1. Give the employee Miranda rights.

2. Advise the employee that if he asserts his right not to answer

questions, no adverse administrative action will be taken based upon
the refusal.

a. If the employee decides to answer questions at this point, the

responses may be used in both criminal and disciplinary
proceedings.

b. Note that the Miranda admonition includes the provision that a

lawyer may be present at an interview. Although technically
the employee has no right to counsel until the employee has
been criminally charged or his or her freedom of action has
been deprived, the department wishes the employee to have
the option. The department wishes no possibility to arise in
which its actions might be construed as coercive.
POLICY & PROCEDURE SERIES #128 Page 7 of 14

V. INVESTIGATIVE TOOLS AND RESOURCES

In addition to interviews of the employee and witnesses, the Sheriff may require
other activities in support of a complaint investigation or internal investigation,
including:

A. Medical and laboratory examination

The Sheriff may, based on his observation, require a department employee

to submit to a test for alcohol or drug use while on duty. The results may be
used in a disciplinary hearing. Refusal to submit to the examination will be
grounds for disciplinary action and may result in the employee's dismissal.

1. If the employee is believed to be under the influence of alcohol, a

licensed breath alcohol operator shall administer the test. The Sheriff
or officer in authority shall witness the test and sign the report.

2. If the employee has a reading of .05 or higher, or there is other

competent evidence of impaired abilities to perform duties, the officer
shall be relieved of duty by the Sheriff.

3. If the employee is believed to be under the influence of self-

administered drugs, he may be compelled to submit to a blood or
urine test. The test shall be administered under medical supervision
where hygienic safeguards are met. The sample shall be handled
using the same safeguards as evidence in a criminal process.

4. If the test shows positive results, or there is other competent

evidence of impaired abilities to perform duties, the employee shall
be relieved of duty as soon as possible by the Sheriff or other officers
in authority.

5. If an employee refuses to submit to a test, (alcohol or drugs) then the

Sheriff or other officer in authority shall immediately relieve the
employee from duty for failure to cooperate in an administrative
investigation.
POLICY & PROCEDURE SERIES #128 Page 8 of 14

VI. ADJUDICATION OF COMPLAINTS (ADM.18.02c)

A. The Sheriff will classify completed internal affairs investigations as:

1. Exonerated – The incident occurred as alleged but was lawful and

proper. This means that the facts of the complaint were accurate but
that the action (or inaction) by the accused employee(s) was not a
violation of policy or the law.

2. Policy Failure – The allegation occurred as alleged But the action(s)

taken by the employee(s) was within policy. Although rare, it is
possible that an employee could be acting in compliance with a policy
that resulted in unfair or inappropriate treatment of a citizen. This is
much more likely to found in an allegation of serious misconduct than
in a performance complaint.

3. Sustained – There is evidence sufficient to prove the complaint. A

sustained finding indicates that you believe that the accused
employee(s) in fact violated policy in a manner consistent with or
similar to the complaint made against them.

4. Not Sustained – There is insufficient evidence to either prove or

disprove the complaint. This is not the same as “not guilty” but
instead means that the information you were able to develop through
you investigation is inconclusive as to whether or not the employee
violated policy. This finding should not be used if one of the other
options can be justified based on your investigation.

5. Unfounded – The complaint is found to be false or not factual. This

may be thought of as “not guilty” of a policy violation based on
disproving the facts presented in the complaint.

B. Completed investigations classified as exonerated, policy failure and

unfounded or not sustained will be maintained in internal affairs files in the
Sheriff's office. Sustained complaints shall be filed in the individual
employee's department personnel file with a copy in the internal affairs files.
(PER.09.05)

C. Disciplinary action taken shall be determined by the seriousness of the

violation or the extent of injury to the victim. It shall be commensurate with
the circumstances surrounding the incident and in consideration of the
employee's service record and prior sustained complaints.
POLICY & PROCEDURE SERIES #128 Page 9 of 14

D. Disciplinary records

1. The department shall maintain a log of all complaints.

2. The complaints and internal investigative files shall be kept in a

secure area and shall be maintained as long as state archival policy
dictates. (ADM.18.04c)

a. Category I offenses shall be purged two years after

adjudication, if no further offenses in any category have
occurred. Category II offense records similarly shall be
purged after three years. Category III records are
permanently retained.

3. The Sheriff shall direct a periodic audit of complaints to ascertain a

need for training or a revision of policy.

4. The Sheriff shall publish an annual or other periodic summary of

complaints that shall be made available to the public.

VII. HOW TO COMMEND AN EMPLOYEE

A copy of "How to Commend an Employee" will be posted in the public area of the
department and may be given to any citizen requesting information on how to commend
an employee. A copy of "How to Commend an Employee" is found in the appendix to this
order. (PER.11.01)
POLICY & PROCEDURE SERIES #128 Page 10 of 14

KING WILLIAM COUNTY SHERIFF’S OFFICE

Internal Affairs Notice / Notification of Complaint
Administrative Proceeding Rights

To:

From:

Subject: Notification of Complaint

A complaint has been filed against you by

concerning

categorized as

Internal Affairs Number:

This complaint is being investigated by:

You are hereby directed to appear in the office of

at on

For the purpose of answering questions regarding the allegations against you, it is
anticipated that in addition to yourself and the Investigator, the following person(s) will
be present during the interview.

NOTE: Whenever an officer is under investigation or subjected to interrogation for any

reason, which could lead to disciplinary action, demotion, dismissal, or criminal charges,
such investigation or interrogation shall be conducted under the guidelines set forth in
the policy and procedures manual of the King William County Sheriff’s Office.
Administrative action could result if the allegations are sustained

It shall be noted that the Sheriff is the final authority on all disciplinary matters
and that all appointees serve at the will and pleasure of the Sheriff.
POLICY & PROCEDURE SERIES #128 Page 11 of 14

KING WILLIAM COUNTY SHERIFF’S OFFICE

Internal Affairs Notice / Notification of Citizen Complaint
Administrative Proceeding Rights
The King William County Sheriff’s Office provides that whenever an investigation by an agency
focuses on matters, which could lead to the dismissal, demotion, suspension or transfer for
punitive reasons of a law enforcement appointee, the following conditions shall be compiled
with:
1. Any questioning of the appointee shall take place at a reasonable time and place
as designated by the investigating officer; preferably, when the appointee under
investigation is on duty and at the office, unless circumstances dictate otherwise.
2. Before questioning the appointee, they shall be informed of (1) the name and rank
of the investigating deputy and of any individual to be present during the
questioning and (2) the nature of the investigation.

Sheriff’s Office policy provides that:

1. You are entitled to read the complaint lodged by the complainant.

2. Refusal to answer all questions pertaining to the allegations made by the

complainant, either orally or in writing, shall be grounds for disciplinary action
and may result in dismissal from the Sheriff’s Office.

3. The answers given during the investigation of an administrative matter will not be
used against you in any criminal proceedings.

4. The answers given do not constitute a waiver of your privilege against self-
incrimination as related to criminal matters.

5. During an administrative investigation, no attorney will be permitted to be present.

Accordingly, you are hereby advised that the following allegations have been
directed to you:
POLICY & PROCEDURE SERIES #128 Page 12 of 14

KING WILLIAM COUNTY SHERIFF’S OFFICE

Internal Affairs Notice / Notification of Citizen Complaint
Administrative Proceeding Rights

ALLEGATIONS:

The undersigned hereby acknowledges receipt in writing of the charges or allegations

against him/her and his/her rights as pertaining to administrative proceedings.

Signature Date

Witness: Date
SO-118B
POLICY & PROCEDURE SERIES #128 Page 13 of 14

KING WILLIAM COUNTY SHERIFF’S OFFICE

CONFIDENTIAL Citizen Complaint Form

Complainant Information:

Name:_________________________________________________________

Address:_______________________________________________________

DOB:_________________________________________________________

Phone:________________________________________________________

Witness Information:

Name:________________________________________________________

Address:______________________________________________________

DOB:_________________________________________________________

Phone:________________________________________________________

Nature of complaint:

____________________________________________________________________________

____________________________________________________________________________

Incident Information:

Officer:_____________________________________________________

Date:_______________________________________________________

Time:_______________________________________________________

Certification: I do by affixing my signature to this document swear or affirm that the information is true and
accurate to the best of my knowledge and belief.

Signature:______________________________________ Date: _____________________

Witness:_______________________________________ Date: _____________________

Complaint form received by:________________________________________________________

Complaint received: ________In person ________By Telephone ________Mail ________Other

Sheriff:________________________________________ Date: _________________________

SO-118
POLICY & PROCEDURE SERIES #128 Page 14 of 14

Appendix 4

KING WILLIAM COUNTY SHERIFF’S OFFICE

INTERNAL AFFAIRS MASTER LOG

IA LOG # COMPLAINANT (if known) DATE INVESTIGATOR

 POLICY & PROCEDURE SERIES # 129 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
7/1/2018
SOCIAL MEDIA APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

The King William Sheriff’s Office endorses the secure use of social media to
enhance communication, collaboration, and information exchange; streamline
processes; and foster productivity. This policy establishes the department’s
position on the utility and management of social media and provides guidance
on its management, administration, and oversight. This policy is not meant to
address one particular form of social media; rather social media in general, as
advances in technology will occur and new tools will emerge.

II. POLICY:

Social media provides a new and potentially valuable means of assisting the
department and its personnel in meeting community outreach, problem-solving,
investigative, crime prevention, and related objectives. This policy identifies
potential uses that may be explored or expanded upon as deemed reasonable by
administrative and supervisory personnel. The department also recognizes the
role that these tools play in the personal lives of some department personnel.
The personal use of social media can have bearing on departmental personnel in
their official capacity. As such, this policy provides information of a precautionary
nature as well as prohibitions on the use of social media by department
personnel.

III. DEFINITIONS:

Blog: A self-published diary or commentary on a particular topic that may allow

visitors to post responses, reactions, or comments. The term is short for “Web
log.”

Page: The specific portion of a social media website where content is displayed,
and managed by an individual or individuals with administrator rights.

Post: Content an individual shares on a social media site or the act of publishing
content on a site.

Profile: Information that a user provides about himself or herself on a social

POLICY & PROCEDURE SERIES #129 Page 2 of 4

networking website.

Social Media: A category of Internet based resources that integrate user-

generated content and user participation. This includes but is not limited to sites
such as, Facebook, Twitter, Google +, Instagram, Flickr, and YouTube.

Social Networks: Online platforms where users can create profiles, share
information, and socialize with others using a range of technologies.

Speech: Expression or communication of thoughts or opinions in spoken words,

in writing, by expressive conduct, symbolism, photographs, videotape, or related
forms of communication.

IV. DEPARTMENT USE OF SOCIAL MEDIA

A. Department-Sanctioned Presence

1. Strategy
a. Where possible, each social media page shall include an introductory
statement that clearly specifies the purpose and scope of the agency’s
presence.
b. Where possible, the page(s) should link to the department’s official
website.

2. Procedures
a. All department social media sites or pages shall be approved by the
Sheriff or his designee and shall be administered and maintained by
those authorized by the Sheriff.
b. Where possible, social media pages shall clearly indicate they are
maintained by the department and shall have contact information
clearly displayed.
c. Social media content shall adhere to applicable laws, regulations, and
policies, including all information technology and records management
policies.
(1) Content is subject to public record laws. Relevant records retention
schedules apply to social media content.
(2) Content must be managed, stored, and retrieved to comply with
open records laws and e-discovery laws and policies.
d. Where possible, social media pages should state that the opinions
expressed by visitors to the page(s) do not reflect the opinions of the
department.
(1) Pages shall clearly indicate that posted comments will be monitored
and that the department reserves the right to remove obscenities,
off-topic comments, and personal attacks.
(2) Pages shall clearly indicate that any content posted or submitted for
POLICY & PROCEDURE SERIES #129 Page 3 of 4

posting is subject to public disclosure.

3. Department Sanctioned Use
a. Department personnel representing the department via social media
shall do the following:
(1) Conduct themselves at all times as representatives of the
department and, accordingly, shall adhere to all department
standards of conduct and observe conventionally accepted
protocols and decorum.
(2) Identify themselves as member of the department.
(3) Not make any statements about the guilt or innocence of any
person or persons arrested or any suspect or suspects, or
comments concerning pending prosecution, nor post, transmit, or
otherwise disseminate confidential information, including
photographs or videos, related to department training, activities, or
work-related assignments without express written permission.
(4) No one shall conduct private business or participate in any political
activities.
b. Access to department social media pages shall be limited to
department owned devices. The Sheriff may grant permission at his
discretion to use personally owned devices, e.g. tablets, Smartphone’s,
laptops, etc.
c. Employees shall observe and abide by all copyright, trademark, and
service mark restrictions in posting materials to electronic media.

B. Potential Uses
1. Social media is a valuable investigative tool when seeking evidence or
information about
a. Missing persons;
b. Wanted persons
c. General crime information
d. Crimes committed online (i.e., cyber bullying or internet predators)

2. Social media can be used for community outreach and engagement by

a. Providing crime prevention tips;
b. Sharing crime statistics
c. Soliciting tips and information concerning unsolved crimes
d. Street closures
e. Special events
f. Weather emergencies and
g. Employment and recruitment

V. PERSONAL USE

A. Precautions & Prohibitions

1. Department personnel are free to express themselves as private citizens
on social media sites to the degree that it does not impair working
POLICY & PROCEDURE SERIES #129 Page 4 of 4

relationships of this department for which loyalty and confidentiality are

important, impede the performance of duties, impair discipline or
otherwise negatively affect the function or public perception of the
department.
2. As public employees, department personnel are cautioned that speech on-
or off-duty, made pursuant to their official duties-that is, that owes its
existence to the employee’s professional duties and responsibilities-is not
protected under the First Amendment and may form the basis for
discipline if deemed detrimental to the department. Department personnel
should assume that their speech and related activity on social media sites
will reflect upon their office and this department.
3. Department personnel shall not post, transmit, or otherwise disseminate
any information to which they have access as a result of their official
duties.
4. For safety and security reasons, department personnel are cautioned on
disclosing their identity as being employed by the King William Sheriff’s
Office on their personal social media pages/accounts.
5. When using social media, department personnel should be mindful that
their activity becomes part of the worldwide electronic domain. Therefore,
adherence to the department’s code of conduct is required in the personal
use of social media. Personnel are prohibited from the following:
a. Speech containing obscene or sexually explicit language, images, or
acts and statements or other forms of speech that ridicule, malign,
disparage, or otherwise express bias against any race, religion, or any
protected class of individuals.
b. Activity involving themselves or other department personnel reflecting
behavior that would reasonably be considered reckless or
irresponsible.
6. Department personnel may not divulge information gained by reason of
their authority; make any statements, speeches, appearances, and
endorsements; or publish materials that could reasonably be considered
to represent the views or positions of the department.
7. Department employees having any knowledge of a posting or of any
website or page in violation of the provisions of this policy shall notify their
supervisor immediately.
 POLICY & PROCEDURE SERIES #130 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
7/1/2018
BIAS-BASED POLICING APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.05 a-c

I. PURPOSE:

The purpose of this policy is to unequivocally state that racial, ethnic and/or
gender profiling in law enforcement is absolutely unacceptable, to provide
guidelines for officers to prevent such occurrences, and to protect our officers
when they act within the dictates of the law and policy from unwarranted
accusations

II. POLICY:

It is the policy of the King William County Sheriff’s Office that all law enforcement
actions which include all traffic stops, investigative detentions, searches and
seizures of persons or property and arrests will be based on the standards of
reasonable probable cause as required by the Constitution of the United States
and supporting statutory authority. This law enforcement agency is charged with
protecting these rights, for all, regardless of race, color, ethnicity, sex, sexual
orientation, physical handicap, religion or other belief system. Most importantly,
actions guided by bias destroy the trust and respect essential for our mission to
succeed. We live and work in communities very diverse in population: respect
for diversity and equitable enforcement of the law are essential to our mission.

III. DEFINITIONS

Biased-Based Policing: the detention, interdiction, searching or attempting to

search; using force against a person or other disparate treatment of any person
on the basis of race, color, ethnicity, sex, sexual orientation, physical handicap,
religion, or other belief system in violation of constitutional safeguards.
(ADM.02.05a)

Probable Cause: facts or apparent facts and circumstances within an officer’s

knowledge and of which the officer had reasonable, trustworthy information to
lead a reasonable person to believe that an offense has been or is being committed,
and that the suspect has committed it.

Profile: a legitimate profile, sanctioned by the department, is a very specific

attribute, or cluster of attributes or characteristics, that form the basis for
POLICY & PROCEDURE SERIES #130 Page 2 of 3

reasonable suspicion of criminality. A profile is only valid for a limited time and
under limited circumstances, most often for drug trafficking. These attributes or
characteristics are established in writing based on considerable training and
experience. A legitimate profile will not be based solely on a person’s race, sex,
sexual orientation, gender, national origin, ethnicity, age, or religion.

Reasonable Suspicion: suspicion that is more than a mere hunch, but rather, is
based on a set of articulable facts and circumstances that would warrant a
person of reasonable caution in believing that an infraction of the law has been
committed, is about to be committed, or is in the process of being committed, by the
person or persons under suspicion. This can be based on the observations of a
police officer combined with his or her training and experience, and/or reliable
information received from credible outside sources.

IV. PROCEDURES

A. Prevention of Profiling

1. Officers are prohibited from stopping, detaining, searching or

arresting anyone solely because of the person’s race, sex, sexual
orientation, gender, national origin, ethnicity, age, or religion. These
characteristics, however, may form part of reasonable suspicion or
probable cause when officers are seeking a suspect with one or more
of these attributes.

2. Reasonable suspicion or probable cause shall form the basis for

any enforcement actions or decisions. Citizens shall only be subjected
to stops, seizures, or detention upon reasonable suspicion or
probable cause that they have committed, are committing, or are
about to commit an offense. Officers shall document the elements
of reasonable suspicion and probable cause in the appropriate
reports.

3. Officers shall observe all constitutional safeguards and shall

respect the constitutional rights of all citizens.

B. Officer Behavior

1. Officers shall be courteous, polite and professional.

2. When feasible, officers shall offer explanations to citizens of the

reasons for enforcement actions and other decisions that bear on
citizens’ well-being unless the explanation would undermine an
investigation or jeopardize an officer’s safety.

3. When feasible, officers shall identify themselves by name. When a

POLICY & PROCEDURE SERIES #130 Page 3 of 3

citizen requests the information, officers shall give their badge

number, name of supervisor, or any other reasonable information.

4. Explain to the citizen where no enforcement action was taken the

credible, reliable or locally relevant information that led to the stop.

5. All officers are accountable for their actions. Officers shall justify
their actions where required.

C. Training

Officers shall receive initial and ongoing training in officer safety, courtesy,
cultural diversity, and the laws governing search and seizure, and
interpersonal communication skills. (ADM.02.05b,c)

D. Violations

Actions in violation of this policy are unconstitutional and inconsistent with

the mission of the King William County Sheriff’s Office and will not be
tolerated. Any alleged violation shall be forwarded to the Sheriff for
investigation and review per Policy & Procedure #128. Officers found to be
in violation of this order shall be subject to a full range of disciplinary actions
as described in Policy and Procedure # 125. (ADM.02.05d)
 POLICY & PROCEDURE SERIES #131 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
SEXUAL HARASSMENT AND 7/1/2018
DISCRIMINATION APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.02.01
PER.02.02
PER.02.03

I. POLICY:

The office policy is to provide a professional, businesslike work environment free from
all forms of employee discrimination including incidents of sexual harassment.

All employees of the King William County Sheriff’s Office are provided a workplace
that is free from sexual advances, requests for sexual favors, and/or verbal or physical
conduct of a sexual nature or any conduct that would be in keeping with Title VII of the
Civil Rights Act of 1964. Sexual harassment will be treated as misconduct with
appropriate disciplinary sanctions. Individuals in the field of law enforcement in a
position of authority have the same responsibilities in their public relations as in the
work place. This authority is not to be abused. The same principle regarding Sexual
Harassment applies in the line of duty as while in the work place. In addition to
protecting employees or potential employees from acts of harassment from
supervisory personnel, this policy also governs conduct between fellow employees.

Per Title VII of the Civil Rights Act of 1964

SEXUAL HARASSMENT: Is the deliberate or repeated behavior of a sexual

nature by one employee to another that is unwelcome, unasked for or rebuked by
the other employee.

The behavior can be verbal or physical and may occur between co-workers or
between superior employee and a subordinate.

DISCRIMINATION: No person shall be discriminated against in any fashion due

to religion, race, sex, creed or national origin.

II. PURPOSE:

The purpose of this order is to inform employees of the King William Sheriff’s Office about
the procedures to follow if they feel they are being sexually harassed or discriminated
against.
III. PROCEDURES:

A. Sexual harassment could include, but are not limited to the following:

1. Sexual comments of provocative or suggestive manner;

2. Jokes or innuendoes intended for and directed to another employee;

3. Leaving sexually explicit books, magazines, photographs where

employees will find them.

4. Unwelcome demeaning comments, ridicule, offensive language

propositions or other similar actions;

5. Unwanted, unwarranted, unsolicited off-duty telephone calls and

contact.

6. Signed or anonymous unwelcome notes or drawings placed on or in

desks, bulletins boards, or in lockers.

1. Deliberately singling out women in front of men co-workers

(or vice-versa) and subjecting them to demeaning or derogatory
remarks.

2. Creating an intimidating, hostile, offensive working environment.

9. Making acceptance of unwelcome sexual conduct or advances or

requests for sexual favors of any nature a condition of continued
employment, promotion, transfer, assignment, salary increase, or any
other decision affecting the individual's employment.

10. Transferring, demoting, or dismissing employees who refuse sexual

advances.

B. Scope:

This policy will apply to all full time employees, part time employees,
volunteers, or any other person or persons connected with the King William
Sheriff’s Office.

C. Reporting & investigation:

1. An employee who believes he or she has been sexually harassed or discriminated
against shall contact the immediate supervisor. In the event the supervisor is the
offending party, the report would be made to the next highest supervisory level.
[PER.02.02]

2. The Sheriff or his designee shall receive a copy of the report thus initiating a
confidential internal investigation. [PER.02.03]

a. The Sheriff or his designee shall immediately take action to limit the
concerned employees from any further work contact.

b. Confidentiality of the victim and accused will be protected to the extent

possible without compromising the investigation.

3. Discipline: Any employee found to have engaged in, knowingly condones,

encouraged, or participated in retaliation or reprisal or perpetuated an act or acts
of acts of discrimination, sexual or other unlawful harassment shall be subject to
disciplinary action, including, but not limited to; suspension and/or loss of salary

4. Frivolous and Groundless complaints:

a. The department’s commitment to eliminate discrimination and sexual and other

forms of harassment from the workplace does not grant licenses for employees to
engage in unfounded, frivolous, or vindictive actions in violation of the intent of
this policy.

b. Where the results of an investigation reveal that a written complaint of

discrimination or sexual or other unlawful harassment is wholly frivolous or
groundless, the employee having made such complaint may be subject to
disciplinary action including dismissal.
 POLICY & PROCEDURE SERIES # 132 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
PHYSICAL FITNESS STANDARDS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.03.06

I. PURPOSE:

The purpose of this policy is to establish the minimum physical fitness standards for
police officers employed by the King William Sheriff’s Office.

II. POLICY:

The King William Sheriff’s Office requires that its sworn personnel adhere to a
standard of physical fitness consistent with the demands of the law enforcement
profession. The department encourages its members to lead healthy and active
lifestyles to support its goal of fit personnel. (PER.03.06)

III. PROCEDURES:

A. All sworn personnel shall maintain a level of physical fitness that

allows them to meet all of the demands associated with police
work.

B. All officers must understand that police work often involves running,
engaging in protracted physical struggles, and other physically and
emotionally stressful activities. Physically fit officers promote a
positive image for the department, while physically unfit
officers have the opposite effect. Unfit officers run the risk of
jeopardizing their safety as well as others around them.

C. In order to meet these varied physical challenges and to help deal

with stress in a positive manner, it is suggested that officers
practice healthy lifestyle habits. These include the following:

1. Regular aerobic exercise

2. Strength training

3. Healthy diet
POLICY & PROCEDURE SERIES #132 Page 2 of 2

4. Abstinence from smoking and other tobacco products

5. Abstinence or moderate consumption of alcoholic beverages

D. If a supervisor observes that an officer is not capable of meeting

physical demands or does not present a fit and professional
image, he/she shall counsel the officer and recommend lifestyle
changes to remedy the situation.

E. If, after a reasonable period of time, the officer is still not capable of
meeting all physical demands or continues to present an unfit
and/or unprofessional image, the matter will be referred to the
Sheriff. The Sheriff may order that the employee take a physical
examination to help to determine the physical state of the
employee. The examination will be provided at no cost to the
employee. If the situation remains unchanged, Sheriff may initiate
disciplinary proceedings against the officer and/or relieve him/her of
duty (see P&P 125, Disciplinary Measures)

F. All sworn personnel are encouraged to have an annual physical

examination to ensure the officer is physically capable of
performing the duties of a police officer.
 POLICY & PROCEDURE SERIES #133 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
DISPOSAL OF LOST, FOUND OR 7/1/2018
UNCLAIMED PROPERTY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

To establish guidelines for the disposal of lost, found, and unclaimed property of
non-evidentiary value.

II. POLICY:

All lost, found, and unclaimed property of non-evidentiary value shall be disposed of
according to federal and state statutes. Personal property coming into
departmental possession as evidence may be disposed of only after approval by
the Commonwealth's Attorney. Under no circumstances shall property turned in or
seized become property of a department employee.

III. PROCEDURES:

A. Responsibilities:

Each officer is responsible for the safe storage of evidence, found property,
and contraband. Officers are equally responsible for proper record keeping
of all property. Officers shall maintain appropriate logs of all incoming and
outgoing property, plus documents concerning auctions or destruction of
contraband. The Sheriff shall ensure correct accountability of all property.

B. Release of non-evidentiary and lost/found property:

1. Non-evidentiary and lost/found property shall be released to the true

owner or his agent when claimed.

2. Satisfactory proof of ownership (e.g., serial number, receipts, sales

slip, invoice...) must be presented. In lieu of proof listed above, when
an owner can describe a property item in great detail as to color,
POLICY & PROCEDURE SERIES #133 Page 2 of 4

style, brand, scratches, marks, and condition (characteristics which

only the owner would know), property may be released.

3. Any other person seeking release of property, particularly when a

dispute exists about ownership, shall be advised that the property can
only be released to them as a result of:

a. a valid court order; or

b. written consent from the commonwealth's attorney.

C. Disposal of lost, found, and non-evidentiary property:

l. The evidence custodian shall prepare a quarterly list of non-

evidentiary items that have remained unclaimed in the property locker
for a period of time as specified by law, following which disposal is
required.

2. The evidence custodian shall present the quarterly property list to the
Sheriff.

3. The Sheriff shall ensure disposal of these items in accordance with

procedures specified by law (e.g., advertisement, public sale, deposit
of proceeds), and will provide a certificate of disposal, properly
witnessed by disinterested persons, for files. The Sheriff may
delegate this responsibility.

D. Unclaimed money or other values:

l. Unclaimed money or other valuables held by the department that fall

into or are closely related to the following categories must be reported
to the Department of the Treasury, Division of Unclaimed Property, in
accordance with Title 55, Code of Virginia:

a. currency;

b. coins;

c. stamps;

d. precious metals;

e. precious stones and gems;

f. securities;
POLICY & PROCEDURE SERIES #133 Page 3 of 4

g. art objects;

h. antiques (including weapons).

2. The Sheriff shall report annually a list of unclaimed money and

valuables to the Department of the Treasury on provided forms.
Subsequent disposal of these items shall be governed by their
response.

E. Weapons:

l. Following all criminal proceedings, legally possessed weapons not

ordered confiscated by the court shall be returned to the owner or the
owner's agent.

2. Proof of ownership (e.g., serial number, receipts, sales slips or

detailed descriptions) shall be required before release.

3. Disposal of contraband weapons and those ordered confiscated by

the court shall be according to court orders and Sections 18.2-308,
and 4.1-336 of the Code of Virginia.

F. Drugs/narcotics:

l. Large seizures in excess of ten (10) pounds of controlled substances

or marijuana shall be disposed of according to Virginia Code 19.2-
386.24.

2. Controlled substances and marijuana of no evidentiary value shall be

disposed of according to Code 19.2-386.24.

3. Property seized in connection with the illegal manufacture, sale, or

distribution of controlled substances shall be handled according to
Code 19.2-386.22.

G. Alcohol:

l. Alcoholic beverages which are not contraband and have no

evidentiary value shall not be seized and shall be retained by the
owner.

2. Contraband alcoholic beverages (those possessed by underage

drinkers or those interdicted) and alcoholic beverages confiscated by
the court shall be disposed of according to Code Sections 4.1-53, 55,
and 62.
POLICY & PROCEDURE SERIES #133 Page 4 of 4

H. Gambling:

l. Property and evidence seized incident to an arrest for violation of

Code Section l9.2-386.3 shall be forfeited to the Commonwealth by
order of the court having last jurisdiction.

2. Money seized shall be disposed of according to court order.

I. Blood samples (DUI arrests):

l. The Sheriff shall destroy blood sample containers according to Code

Section 18.2-268.7, unless otherwise directed by the accused or his
attorney.

2. The destruction shall be accomplished routinely by the Property and

Evidence Custodian (PEC).
 POLICY & PROCEDURE SERIES #134 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
GOALS AND OBJECTIVES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.04.01

I. POLICY:

PRIMARY GOAL: The King William County Sheriff's Office role is to enforce the law in a
fair, courtesy and impartial manner, recognizing both the statutory and judicial limitation
of it’s authority and the constitutional rights of all individuals. It is not the role of the King
William County Sheriff's Office to legislate, to render legal judgement or to punish.

II. PURPOSE:
The purpose of this order is to establish goals and objectives that are communicated to all
employees to ensure unity of purpose and direction. Annually, the Sheriff shall review these
written goals and objectives, and, if updated, make them available to all agency personnel.
(ADM.04.01)

III. PROCEDURES:

FUNCTIONAL OBJECTIVES:

A. PREVENTION OF CRIME: The primary responsibility of upholding the

law lies not with the law enforcement officer, but with the people. Since
crime is a social phenomenon, then crime prevention is and should be the
concern of every person in our society. Society employs full-time
professional law enforcement officers to prevent crime, to deter it, and
when that does not succeed, to apprehend those who violate the law.

Crime is a symptom of our society, which is not the responsibility of the

Sheriff's Office to cure. The Sheriff's Office is responsible, however, for
interacting with the community to generate mutual understanding to
ensure that there will be public support for crime prevention. Community
involvement is essential to facilitate a free flow of information between the
public and the Sheriff's Office to assist in the identification of problem
areas and to inform the public of crime statistics, patterns and trends.
Additionally, knowledge of the community is necessary so that each
employee may be instilled with a sense of concern for the crime problems
and law enforcement needs generated in the community.

B. DETERRENCE OF CRIME: Crime is curbed by the potential criminal

being fearful of his/her immediate apprehension or by the increased
POLICY & PROCEDURE SERIES #XXX Page 2 of 3

likelihood of detection. Deterrence of crime requires the observation and

the investigation of behavior, which reasonably appears to be criminally
directed.

In deploying patrol units to inspire the public’s confidence in the King

William County Sheriff's Office's ability to ensure a peaceful environment,
a balance must be attained between the desirable deterrent effect of a
visible patrol and the undesirable appearance of oppression.

C. APPREHENSION OF OFFENDERS: The administration of criminal

justice consists of the identification, arrest, prosecution, punishment, and
rehabilitation of the violator, the objective of which if voluntary compliance
with the law. Once a crime has been committed, it is the duty of the
Sheriff's Office to initiate the criminal justice process by identifying,
locating and arresting the perpetrator. It is also the duty of this office to
obtain the necessary evidence, and to cooperate in the prosecution of the
case.

D. RECOVERY AND RETURN OF PROPERTY: The actual cost of crime is

difficult to measure; there can never be a simple dollar value assigned to
the injured bodies, devastated lives, and the human misery which are the
products of crime. However, it is possible to observe the steadily rising
costs of lost, damaged and stolen property. This loss, as well as the other
associated costs of crime, is unfortunately and ultimately borne by the
victims. To minimize the losses due to crime, the King William County
Sheriff's Office shall make every reasonable effort to recover lost or stolen
property, to identify its owner, and to ensure its’ prompt return.

E. MOVEMENT OF TRAFFIC: To facilitate the safe and expeditious

movement of vehicular and pedestrian traffic, the Sheriff's Office is
charged with the responsibility for traffic law enforcement. To enforce
compliance with traffic laws and to develop driver awareness of the
causes of traffic accidents, the King William County Sheriff's Office shall
appropriately warn, cite, or arrest traffic law violators. Traffic accidents are
investigated to protect the rights of the involved parties, to care for the
injured, and to determine the causes of accidents so that corrective steps
and methods of prevention may be developed.

F. PUBLIC SERVICE: Often, due to the fact that there are no other public or
private agencies available, the public relies upon law enforcement for
assistance and advice in routine and emergency situations.

RESOURCE OBJECTIVES:

A. DEPARTMENTAL PERSONNEL: Law Enforcement officers are

frequently required to make rapid decisions that will affect human life and
POLICY & PROCEDURE SERIES #XXX Page 3 of 3

liberty with no opportunity to seek advice and very little time to weigh any
alternatives.

Law enforcement requires that an officer have the stamina, intelligence,

moral courage, and emotional stability necessary to deal with the human
being fairly and impartially. To obtain the caliber of personnel necessary
for professional law enforcement, it is essential that the King William
County Sheriff's Office aggressively pursue a program of providing equal
employment and promotional processes.

B. UTILIZATION OF RESOURCES: Law enforcement is one of the most

necessary, yet expensive and complex services provided by the County.
The quality and the extent of the service provided are limited by the
availability of resources. To ensure that the highest level of service is
provided, the King William County Sheriff's Office will make use of the
most efficient and effective management and budgeting techniques
available.
 POLICY & PROCEDURE SERIES #136 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
RETIRING DEPUTY SHERIFFS 10/1/2020
ACTIVE DUTY NATIONAL APPROVED
CONCEAL/CARRY J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE

To establish guidelines for the purchase of a deputy’s service firearm upon retirement and
provide guidance concerning national conceal/carry laws.

II. POLICY

It is the policy of the King William County Sheriff's Office that the guidelines outlined in this
procedure will be in accordance with Virginia State Code 59.1-148.3 and 18 USC § 926B (The
Law Enforcement Safety Act (LEOSA), as amended for active deputy sheriffs), and 18 USC §
926C (LEOSA for retired or separated deputy sheriffs).

III. PROCEDURE

A. A full time Deputy Sheriff may be eligible to purchase their service firearm upon
retirement under the following requirements in accordance with Virginia Code 59.1-
148.3:

1. Any Deputy Sheriff retiring from this agency who wishes to purchase their service
weapon must submit in writing their intent to do so to the Sheriff.

2. The Sheriff may allow any full-time sworn Deputy Sheriff, who retires, to
purchase the service firearm issued to him/her by the agency at a price of
$1 given one of the following criteria:

a. After at least 10 years of service

b. At 70 years of age or older
c. As a result of a service-incurred disability or who is receiving long-term
disability payments for a service-incurred disability with no expectation
of returning to the employment where he/she incurred the disability

3. The Sheriff may allow any full-time sworn Deputy Sheriff who retires with 5 or
more years of service, but less than 10 years of service to purchase the service
firearm issued to him/her by the agency at a price equivalent to the weapon’s fair
market value on the date of the deputy’s retirement.

4. The Sheriff may allow any full-time sworn Deputy Sheriff who is retired for
disability as a result of a non-service incurred disability to purchase the service
firearm issued to him/her by the agency at a price equivalent to the weapon’s fair
market value on the date of the deputy’s retirement.

5. The Sheriff may allow the immediate survivor of any full-time sworn Deputy
Sheriff who is killed in the line of duty or who dies in service and has at least 10
years of service to purchase the handgun issued to the deputy by the agency
 at a price of $1.

6. Deputies that do not retire, or part-time deputies, are not eligible to purchase
their service firearm.

B. A retired Deputy Sheriff may carry a concealed firearm in the state of Virginia by the
authority of the Sheriff. If a retired Deputy Sheriff wishes to carry a concealed firearm
nationwide, he/she must qualify in accordance with 18 USC § 926C and must meet the
definition of a “qualified retired law enforcement officer” who:

1. separated from service in good standing with a public agency as a

law enforcement officer;

2. before such separation, was authorized by law to engage in, or supervise the
prevention, detection, investigation or prosecution of, or the incarceration of any
person for, any violation of law, and had statutory powers of arrest;

3. before such separation, served as a law enforcement officer for an aggregate of

10 years or more; or separated from service with such agency, after completing
any applicable probationary period of such service, due to a service-connected
disability, as determined by such agency;

4. during the most recent 12-month period, has met, at the expense of the
individual, the standards for qualification in firearms training for active law
enforcement officers, as determined by the former agency of the individual, the
state in which the individual resides or, if the state has nor established such
standards, either a law enforcement agency within the state in which the
individual resides or the standards used by a certified firearms instructor that is
qualified to conduct a firearms qualification test for active duty officers within
that state;

5. is not under the influence of alcohol or other intoxicating or hallucinatory drug or

substance; and

6. is not prohibited by Federal Law from receiving a firearm.

Upon compliance with the above criteria, the “qualified retired law enforcement officer”
must carry the photographic identification issued by the agency for which they were
employed and have now separated; and must carry documentation which certifies that
they have met, within the recent twelve month period, the active duty standards for
qualification for a firearm of the same type as the one they intend to carry.

C. An active duty Deputy Sheriff may carry a concealed firearm in the state of Virginia by
the authority of the Sheriff (see SOP 001 in reference to legal authority and SOP 031 in
reference to weapons and training). If an active duty Deputy Sheriff wishes to carry a
concealed firearm nationwide, he/she must qualify in accordance with 18 USC § 926B
and must meet the definition of a “qualified law enforcement officer” who is an employee
of a governmental agency who:

1. is authorized by law to engage in or supervise the prevention, detection,

investigation, or prosecution of, or the incarceration of any person for, any
violation of law, and has statutory powers of arrest;

2. is authorized by the agency to carry a firearm;

3. is not the subject of any disciplinary action by the agency which could result
in suspension or loss of police powers;
4. is not under the influence of alcohol or another intoxicating or hallucinatory drug
or substance; and
 5. meets the standards, if any, established by the agency which require the Deputy
to regularly qualify in the use of a firearm;

6. is not prohibited by Federal law receiving a firearm.

Upon compliance with the above criteria, the “qualified law enforcement officer” must
carry the photographic identification issued by the agency for which they are employed.

IV. IDENTIFICATION

A. Retired Deputy Sheriffs will be issued a photographic identification card by the agency
indicating the individual is a retired law enforcement officer, unless:

1. a qualified medical professional employed by the agency deems the individual to

be unqualified for reasons relating to mental health; or

2. the retiree has entered into an agreement with the agency from which they are
separating from service, in which that individual acknowledges that he/she is not
qualified for reasons relating to mental health.

V. TRAINING

A. It is the responsibility of the retired Deputy Sheriff to qualify within 12 months of his/her
previous qualification. All retired sworn personnel must qualify as stated in III, B, 4 of this
SOP.

B. The King William County Public Safety Firearms Range will provide training for all
retired Sheriff’s deputies. This training is conducted on every second Tuesday of each
month at 1600 hours. For an initial LEOSA application, the documentation and
qualification score will be sent to the Professional Services Branch, Special Projects
Coordinator. For subsequent qualifications, the King William County Public Safety
Firearms Range will provide the retiree with a qualification card which supports LEOSA
requirements. It is incumbent on the retiree to maintain their timely annual requalification
status.

C. For an initial LEOSA application, it is the responsibility of the Special Projects

Coordinator to:

1. Notify the Personnel Section to run a criminal history check.

2. File the appropriate paperwork with the Virginia State Police (VSP). VSP will then
update VCIN to identify those retired Deputy Sheriffs who are authorized to carry
per 18 USC § 926C.
 POLICY & PROCEDURE SERIES #137 PAGE 1 of 4
SUBJECT EFFECTIVE DATE
February 1, 2022
DUTY TO INTERVENE APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.05.04 a-g

NOTE:
This policy is for internal use only and does not enlarge an Officer’s civil or
criminal liability in any way. It should not be construed as the creation of a higher
standard of safety or care in an evidentiary sense, with respect to third party
claims. Violations of this directive, if proven, can only form the basis of a
complaint by this Department, and then only in a non-judicial administrative
setting.

I. POLICY:
It is the policy of the King William County Sheriff’s Office that any member
present (both sworn and non-sworn) and observing another member using
force that is clearly beyond that which is objectively reasonable under the
circumstances shall, when in a position to do so, intervene to prevent the use
of such excessive force. Members shall promptly report these observations to
a supervisor.

II. PURPOSE:

A. Legal and Moral Obligation - It is the purpose of this policy to explain

the legal and moral obligation of King William County Sheriff’s Office
members known as the Duty to Intervene. This duty is embodied in the
in the Law Enforcement Officer’s Code of Ethics, and in the law.
Agency members shall have a clear understanding of department
expectations pertaining to conduct and activities while on and off duty.

B. Protection – The King William County Sheriff’s Office is committed to

protecting its members who act on their duty to intervene to prevent or
minimize misconduct by another department member.
POLICY & PROCEDURE SERIES #115 Page 2 of 5

III. DEFINITIONS:

Intervene ─ To come between, whether verbally or physically, so as to

prevent or alter a result or course of events.

IV. DUTY TO INTERVENE

A. All members must recognize and act upon the duty to intervene to
prevent or stop any member from conducting any act that is unethical,
or that violates law or policy (e.g., excessive force, theft, fraud,
inappropriate language, sexual misconduct, harassment, falsifying
documents, inappropriate behavior, etc.). Intervention may be verbal
and/or physical. Failure to intervene may subject a member to
disciplinary action.
(ADM.05.04, a)
B. All agency members benefit when potential misconduct is not
perpetrated or when a potential mistake is not made. Preventing
misconduct increases public trust and preserves job security and
integrity of all agency members, ultimately protecting members from
destroying their careers as a result of misconduct or, in some
instances, as a result of a failure to intervene to prevent misconduct by
others.

V. REQUIRED ACTION

A. BY OFFICER(S)

1. If aid is required by any individual, ensure that medical attention

has been rendered.
(ADM.05.04, b)
2. Take a preventive approach, whenever possible, if observing
behavior that suggests that another member is about to conduct
unethical or inappropriate behavior.

3. Examine the circumstances surrounding the incident to

determine the appropriate form of intervention.

4. Intervene verbally or physically, depending on the

circumstances.

EXAMPLE: While providing backup for a vehicle stop after a

minor traffic violation, you notice the primary officer raising their
voice and becoming increasingly agitated with the driver,
despite the driver’s cooperative demeanor. In order to prevent
an escalation, you could call the officer’s attention to break their
agitation, walk up next to the officer and ask a follow up
POLICY & PROCEDURE SERIES #115 Page 3 of 5

question of the driver to slow down the interaction and give the
primary officer a chance to collect themselves, or ask the officer
to come speak to you away from the car in order to diffuse the
situation.

5. Take an active approach to intervene to stop any unethical

behavior or misconduct, when such conduct is being committed
by another member.

6. If verbal interventions are not sufficient to stop the act,

physically come between the offending member and the other
individual involved.

EXAMPLE: You observe an officer strike an individual without

any reason. If appropriate, you could tell the officer to “cool it” or
that you’ll take over the matter and have them step aside. If
necessary, step in between the officer and the individual or hold
the officer back in order to stop them from inflicting more
unnecessary force.

7. Immediately notify a supervisor after conducting any type of

intervention, when safe to do so.
(ADM.05.04, c)

8. When a physical intervention was performed, document the

incident in writing (SO-116) and submit it to a supervisor. If the
intervention involved the actions of a supervisor, the reporting
member shall forward their report directly to the Sheriff.

(ADM.05.04, d)

B. DUTY TO INTERVENE BY SUPERVISOR(S)

1. Once learning of an incident involving a member intervening with

another member, separate all members involved in the incident.

2. Ensure the preservation of body worn camera footage.

3. Conduct a preliminary investigation to gather any pertinent

information that would coincide with the reason for the intervention
(e.g., witnesses, and body worn camera footage, other
video/surveillance footage, area canvass, etc.).

(ADM.05.04, e)
POLICY & PROCEDURE SERIES #115 Page 4 of 5

4. Ensure all parties involved in the incident document in writing their

observations/participation in the incident and detailing the
circumstances that led to the intervention and what, if anything,
occurred once the member intervened.

5. Determine whether the actions leading to the intervention constitute

misconduct, unethical behavior, or potential criminal conduct, and
notify the Sheriff.

6. If appropriate, consider making a recommendation that the member

who intervened receive recognition for their actions.

C. DUTY TO INTERVENE – SHERIFF

1. Ensure all incidents resulting from a member invoking their duty to

intervene are reviewed through the internal affairs process. The
Sheriff may, at their discretion, request investigatory assistance
from the Virginia State Police or another outside agency.

(ADM.05.04, e)

2. Ensure all such cases are classified and investigated thoroughly

and properly, according to the internal affairs investigation
procedures.

3. Approve/disapprove the resulting findings of each internal affairs

investigation deriving from a member intervening or failing to
intervene to stop misconduct.

D. DISCIPLINARY PROCEDURES

1. All discipline administered for failing to intervene shall follow

departmental disciplinary policies and procedures.

E. TRAINING

1. Each officer shall undergo initial training of this policy. Newly

certified officers shall complete this during the FTO phase.
Lateral hire officers shall complete training within 30 days of
hire.

(ADM.05.04, f)

2. Refresher training shall be completed every calendar year

POLICY & PROCEDURE SERIES #115 Page 5 of 5

during annual mandated training.

(ADM.05.04, g)
 SERIES # 201
POLICY & PROCEDURE PAGE 1 OF 4
Appendix A

SUBJECT EFFECTIVE DATE

USE OF FORCE 7/1/2018
OC SPRAY APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. General Principles

Pepper spray is a liquid spray containing oleoresin capsicum in sufficient

concentration to produce a short period of pain, gagging, and loss of vision.
Federal and state laws on use of force do not regulate the use of pepper spray
by name. However, the following general principles apply to all use of force by
law enforcement officers including the use of pepper spray.

The law requires all citizens to submit peacefully to arrest and to

cooperate with lawful orders of an officer during the arrest and custody process.
Citizens must also refrain from conduct that reasonably appears to create an
imminent threat of physical harm to an officer in the performance of lawful duty.
Reasonably necessary force can be used to overcome resistance to lawful
arrest, to enforce compliance with lawful orders of custodial officers, or to prevent
physical injury to the officer or others.

All force must be reasonably proportionate to the apparent need to

overcome resistance to arrest or defend against an imminent threat of physical
injury. Unreasonable and excessive force is never justified, nor is any force
allowed to take action an officer knows, or reasonably should know, is unlawful.
Pepper spray cannot be used against a citizen who peacefully submits to arrest
and complies with lawful orders during an arrest or stop.

Citizens have a right to express verbal disagreement with an officer's

actions and no force can be used in response to offensive language alone.
Pepper spray cannot be used to retaliate against language that is merely
offensive but is not imminently threatening.

All officers shall receive training on the use of pepper spray during recruit
training. Officers will undergo refresher training annually.
POLICY & PROCEDURE SERIES #201-A Page 2 of 4

II. Rules on Pepper Spray - The Use of Force

Pepper spray used in compliance with these guidelines is lawful non-

deadly force. Pepper spray used in compliance with these guidelines is
authorized to effect a lawful arrest, to prevent escape from lawful custody, or to
defend the officer or another from what the officer reasonably believes is the
imminent use of physical force.

Rule A.

Pepper spray cannot be used against a person who:

1. Submits peacefully to arrest and complies with lawful commands during a

lawful arrest; or

2. Complies with lawful commands during a valid investigative stop or stop

for citation purposes, or while in custody or detention; or

3. Is expressing mere verbal disagreement that does not threaten or incite

others to threaten an officer and is not significantly delaying or obstructing
discharge of duty.

Rule B.

1. Verbal persuasion (verbalizing) and a warning are required before use of

pepper spray if circumstances allow verbalizing and warning without risk
to the safety of the officer or others. Verbalizing and warning are not
required when the defendant resists "soft hand" techniques, or resists
more substantial force, or when there is a risk to the safety of the officer or
others if use of pepper spray is delayed.

2. Non-threatening suspects who do not pose a significant risk to officer

safely should not be sprayed unless verbalizing, warning, and "soft hands"
have been attempted and resisted. This category includes suspects who
are non-threatening and are very young, or old, or infirm or disabled in an
obvious manner.

Rule C.

A person who refuses to submit peacefully to lawful arrest, or attempts to escape

from lawful custody, or refuses compliance with lawful orders during arrest,
detention or custody is subject to the use of pepper spray:
 POLICY & PROCEDURE SERIES #201-A Page 3 of 4

1. After the officer has attempted "soft hands" techniques and the arrestee
resists that attempt; or

2. When the officer reasonably believes the use of "soft hands" techniques
will jeopardize the officer's safety; or

3. When the circumstances reasonably indicate that attempting "soft hands"

control may lead to an escalation of force and accompanying risk of
serious physical injury to the person arrested or to any officer.

Rule D.

A person who assaults an officer, or whose conduct reasonably appears to be an

imminent threat to the safety of the officer or someone else, or who resists "soft
hand" techniques, or flees from lawful arrest or custody, is subject to use of
pepper spray. Verbalizing and warning are not required.

Definition: "Soft hand" techniques include any touching or attempted touching by

an officer, such as applying moderate pressure to turn, guide, or escort the
person being arrested. Wrestling a suspect, pulling a suspect, and bending arms
for handcuffing are higher levels of force than "soft hand" techniques.

III. Caring For Prisoners After Pepper Spray Use

A. If circumstances allow, do not attempt to forcibly handcuff a sprayed

prisoner immediately after spraying. Give the prisoner a brief opportunity,
about 30 to 60 seconds, to react to the spray and overcome gagging or
coughing. This gives the prisoner an opportunity to overcome the
temporary effects of pepper spray on the respiratory system unaffected by
the physical stress of handcuffing.

B. Rinse the affected areas with water or other solution recommended by the
manufacturer. Pour the liquid over the bridge of the nose so that it floods
both eyes. Encourage the prisoner to blink his eyes repeatedly. Follow
the recommendations of the spray manufacturer for decontaminating a
prisoner.

C. Tell the prisoner that he is O.K. and will stop gagging soon. Assure the
prisoner the pain will end soon and he will stop hurting.

D. Officers may handcuff a prisoner with hands in front if that is reasonably

safe under the circumstances and allow the prisoner to remove contact
lenses. Trained medical personnel may be able to help remove contact
lenses from a sprayed prisoner.
POLICY & PROCEDURE SERIES #201-A Page 4 of 4

E. Expose the sprayed prisoner to fresh air and ventilation. If circumstances

permit after handcuffing the prisoner, delay putting the prisoner in a car for
transportation until the pepper spray has had a chance to dissipate. This
delay may be as long as 15 minutes, if the safety of officers is not at risk.

F. Tell the prisoner to remove and wash contaminated clothing. Give the
prisoner an opportunity to wash affected areas with soap and water after
arriving at a holding or detention facility.

G. Officers should initiate immediate medical attention when:

1. gagging or breathing difficulties persist beyond an initial period of 2

to 4 minutes; or

2. the prisoner loses consciousness, sweats profusely, appears very

sick; or

3. still significantly suffers from the effects of pepper spray more than
45 minutes after contamination.

H. If a prisoner complains of any medical problem, he/she shall be seen by

medical personnel. Advise the prisoner that any cost of medical care will
be the prisoner's responsibility and will not be paid by the law enforcement
agency.

I. Ask if the prisoner suffers from bronchitis, asthma, or emphysema, or

similar respiratory disease. If the answer is affirmative, initiate immediate
medical attention - E.M.T., Rescue Squad, or the Emergency Room.

J. Officers shall report any and all OC exposure to persons in custody or

exposure to any and all bystanders in accordance with P&P 201, Use of
Force.
 SERIES # 201
POLICY & PROCEDURE PAGE 1 OF 3
Appendix B

SUBJECT EFFECTIVE DATE

USE OF FORCE 7/1/2018
Impact Weapons APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. POLICY:

This policy addresses the training and use of impact weapons (baton). The
King William County Sheriff’s Office recognizes that the baton is a less lethal
weapon, but the improper or unreasonable use of this weapon may cause serious
injury or death. The baton should be used where lesser means of use of force
have failed or appear inappropriate.

II. PURPOSE:

The purpose of this policy is to establish guidelines governing the use of the
approved baton. Officers will only carry the baton approved by the Sheriff.

III. PROCEDURES:

A. All sworn personnel will be issued a baton. The baton will be carried on the
person of all uniformed and non-uniformed personnel police personnel
assigned functions that require a response to citizen calls for service,
involve arrest situations, or that otherwise deal directly with the public.

B. Training courses for initial certification, as well as re-certification will be

governed by training protocols established through the Criminal Justice
Training Academy, and approved by the Sheriff.

Officers will undergo a recommended refresher training annually.

C. The baton is authorized to be used in the following circumstances in

accordance with training protocols:

1. In the officer’s defense or in the defense of another from physical

assault or threat,

2. In an arrest situation where the subject is physically resisting the arrest

and less restrictive measures, such as physical force, prowess
POLICY & PROCEDURE SERIES #201-B Page 2 of 3

and/or chemical agents have proven to be, or appear to be

inadequate to control the arrestee.

D. The baton is not authorized to be:

1. Used as a threat to make a person comply with an officer’s verbal

order when no physical violence is imminent,

2. Used in retaliation for physical or non-physical abuse toward an officer,

3. Used as a threat to elicit information from any person,

4. Used on persons secured and properly in custody,

5. Thrown at or towards any person, or

6. Modified in any manner to alter the manufacturer’s specifications.

E. When an officer uses the issued baton in any of the authorized situations,
such use is subject to the following regulations, as training directs:

1. Strikes which are capable of inflicting permanent injury should be

avoided, unless the use of deadly force is authorized.

2. Strikes should be to the center mass of the presented threat as

directed by training, which will render the suspect temporarily
incapacitated, but normally will not cause serious bodily harm,

3. The issued baton will not be used to intentionally strike the below listed
areas of an assailant, unless the officer has justification to utilize
deadly force. Strikes to these areas may produce injuries that are
potentially fatal while not always immediately terminating the
assailant’s resistance:

a. Head,

b. Neck,

c. Spine,

d. Sternum, and

e. Groin.
 POLICY & PROCEDURE SERIES #201-B Page 3 of 3

4. The force used should be limited to that needed to carry out the
officer’s lawful authority in the situation (e.g., safely effect the
arrest, protect self against assault, etc.)

F. Before utilizing the issued baton to subdue an individual, the officer should
consider:

1. Whether sufficient physical force is available from assisting officers to

subdue the subject,

2. The feasibility of summoning backup assistance, and

3. The feasibility of using chemical agents.

IV. REPORTING:

In any situation in which the issued baton is used in the application of force, such
use must be reported in accordance with the provisions of P&P 201, Use of
Force.
 SERIES #201
POLICY & PROCEDURE PAGE 1 OF 5
Appendix C
SUBJECT EFFECTIVE DATE
ELECTRONIC CONTROL DEVICES 7/1/2018
(ECD) APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. POLICY:

It is the policy of the King William Sheriff’s Office to use only the level of force
reasonably necessary to control or otherwise subdue violent or potentially violent
individuals. Electronic Control Devices have been proven effective in furtherance
of this policy, and are authorized for use in appropriate circumstances by trained
personnel.

II. PURPOSE:

The purpose of this policy is to provide officers with guidance and direction on the
use of Electronic Control Devices (ECD).

III. PROCEDURES:

A. Authorized Users

1. Only officers who have successfully completed an ECD training course

shall be authorized to carry ECD systems.

2. All personnel authorized to carry these devices shall complete in-

service refresher training annually.

B. Device Readiness

1. The ECD will be only carried by authorized officers in an approved

holster. This holster shall be worn on the officer’s support side.
2. The device shall be carried fully armed with the safety on in preparation
for immediate use when authorized.
POLICY & PROCEDURE SERIES #XXX Page 2 of 5

C. Deployment

1. Officers shall only utilize one ECD system against a suspect, unless the
first system fails to achieve the desired result. Additionally, officers should
only use the number of ECD applications necessary to bring the suspect
into custody.

2. In preparation of deployment, the ECD shall be pointed in a safe direction,

taken off safe, and then aimed. Officers shall announce their intention to
use the ECD according to training guidelines. Center mass of the subjects
back should be the primary target while abdomen or the legs are
secondary targets.

3. Officers shall attempt to secure the subject under power as soon as

possible when submission/compliance cannot be achieved through a
minimal number of applications.

4. Use of Force (ECD Probes) - The ECD probe delivery method is a use of
force option and should be considered non-deadly force. The decision to
deploy an ECD should require the same justification as any other non-
deadly use of force device. However, when determining whether to use
an ECD, the totality of the circumstances and the surrounding
environment should be considered.

5. Use of Force (Drive Stun Mode) – The ECD drive stun delivery method is
considered non-deadly force. The ECD drive stun is used against a
person to cause diffused pressure and pain.

a) The ECD should only be deployed in the drive stun mode in exigent
circumstances. In this mode of delivery, the cartridge is removed and
the unit is pressed firmly into the following approved areas:

i. Brachial plexus tie-in (upper chest)

ii. Radial (forearm)
iii. Common peronial (outside of thigh)
iv. Tibial (calf muscle)
v. Carotid (sides of neck) (see warning below)
vi. Pelvic Triangle (see warning below)

WARNING:  If possible, avoid applying drive stun to neck or groin.  These

areas are sensitive to mechanical injury (i.e., crushing to the trachea or
testicles when applied forcefully). These sensitive areas should only be
targeted when officers are defending themselves from violent attacks.
 
6. The officer must be familiar with the surrounding environment prior to
deploying the system. Officer should be cognizant that a suspect’s
POLICY & PROCEDURE SERIES #XXX Page 3 of 5

elevated position may result in secondary injuries due to a fall after

application of the ECD. The officer must weigh the need for
incapacitation against the need to prevent serious bodily injury to
the subject, civilians, and other officers.

7. Officers should be particularly cognizant of the potential for secondary

injuries in elderly persons who are incapacitated by an ECD system.
Coexisting medical diseases and/or increased possibility of bone
fractures in the elderly require an elevated level of justification prior to
deploying the ECD system against them.

8. Officers should also be particularly cognizant of the potential for

secondary injury in pregnant women. Injury may occur to the unborn child
due to a fall onto the abdomen. The use of an ECD on persons
known to be or thought probably to be pregnant should be limited to those
situations where such risks are deemed necessary. A pregnant woman
who has been subjected to an ECD application must be evaluated at
a medical facility.

9. There is no reason to suspect that juveniles would be likely to suffer injury

if exposed to an ECD. Officers must have an elevated level of justification
prior to utilizing the ECD on known juveniles.

10. Officers who use an ECD on persons exhibiting symptoms of mental

health crisis or drug intoxication should give particular consideration that
these persons may be experiencing or at an increased risk of developing
excited delirium. Excited delirium is a potentially fatal acute medical
illness. Subjects who are exhibiting signs or symptoms of excited delirium
shall be evaluated at a medical facility. Excited delirium should be
strongly suspected in a subject who exhibits unbelievable strength, little or
no reaction to pain, ability to resist multiple officers, excessive sweating,
bizarre or violent behavior, aggression, extreme paranoia, incoherent
shouting, and destruction of property.

11. It shall be forbidden to use an ECD in the following circumstances:

A. In a punitive or coercive manner.

B. On a handcuffed or secured prisoner, absent overtly assaultive

behavior that cannot be reasonably dealt with in any other less
intrusive fashion.

C. On any suspect who does not demonstrate an overt intention to (1)

use force or violence against the officer or another person, or (2) to
flee in order to resist or avoid detention or arrest (in cases where
officers would pursue on foot.)
POLICY & PROCEDURE SERIES #XXX Page 4 of 5

D. In any environment where an officer knows that a potentially

flammable, or volatile, or explosive material is present (including
but not limited to OC spray with volatile propellant, gasoline, natural
gas, or propane.)

E. In any environment where the subjects fall could reasonably result

in death such as on an elevated structure.

12. The ECD should not be intentionally aimed at a persons head, neck or
groin.

13. Using an ECD against an attacking animal may reduce the need for
greater, more injurious force against the animal. The use of an ECD on a
large animal should be based on the intent to provide a safer, more
humane and less traumatic conclusion to the incident.

A. An ECD may be deployed on a large animal when the animal is

threatening or is attacking a person, officer, or another animal.

B. The animal has attacked or is an active threat to a person, officer,

another animal, or has caused a continuing public nuisance, and
the animal needs to be captured for reason of public peace or
safety, preservation of property, or other legitimate purpose.

C. Center mass of the animal should be targeted. Care should be taken

to avoid the head and other sensitive areas on the animal. It is
understood that deployments against animals may be very dynamic
in nature and the probes may impact unintended areas.

D. Procedures for probe removal should take place as outlined herein.

Personnel will take reasonable measures to consider that the
animal's welfare is provided for, in the event that probes impact a
sensitive area, or it appears the animal's health is in jeopardy. It is
generally understood that as long as personnel acted appropriately,
the animal's owner will be responsible for any medical attention
required for the animal.

D. Aftercare

1. Officers trained in the removal of probes may normally remove ECD

probes that are embedded in a subject's skin after the subject is properly
secured. When removing these probes, the officer should wear protective
gloves. The officer should grab the probe and pull it directly away from
the subject’s skin, while simultaneously supporting this skin with their
opposing hand. Officers may call fire and rescue to remove probes and
POLICY & PROCEDURE SERIES #XXX Page 5 of 5

dispose of the probes safely. The officer shall clean the impact area on
the suspect with an antiseptic wipe, and then cover the impact area with
a band-aid.

2. Police Officers shall not remove probes if the subject objects, or if the
probe is embedded in a subject’s face, genital area, or in a woman’s
breast. In these instances, the subject shall be transported to a medical
facility for the removal of the probes. Additionally, the following persons
shall be transported to a medical facility for examination following
exposure to an ECD. Any person who:

A. Requests medical attention. (Officers shall ask persons if they

desire medical attention.)
B. The officer has difficulty removing the probes.
C. Does not appear to recover properly after being hit.
D. Has been energized more than 3 times.
E. Has been subjected to a continuous energy cycle of 15 seconds or
more.
F. Any subject who is pregnant and has been energized with an ECD.

E. ECD Reporting Requirements

1. Any officer deploying an ECD whether intentionally or unintentionally shall

immediately notify his or her supervisor as soon as possible after using
the device.

2. The supervisor shall make proper notifications to department personnel

per current notification procedures.

3. A Use of Force Report shall be completed documenting the use of the

ECD and the removal of its probes. Reporting officer shall ensure that
photographs are taken of the affected area after the probes are removed
and included in the Use of Force Report.

4. Officers shall specifically articulate the rationale in their use of force report
for any instance in which: an ECD is energized more than 3 times, or
when an energy cycle longer than 15 seconds in duration is used.
 POLICY & PROCEDURE SERIES # 201 PAGE 1 OF 12

SUBJECT EFFECTIVE DATE

USE OF FORCE 1/1/20
APPROVED
Signature on File
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.05.01 a-e
ADM.05.02 a-c
ADM.05.03 a-b
ADM.06.01 c

I. PURPOSE:

The purpose of this order is to establish guidelines governing the use of

force and its limitations, and to clearly describe prohibited activities.

II. PURPOSE:

Officers are confronted daily with situations requiring the use of force to
effect an arrest or ensure public safety. The degree of force used depends on what
the officer perceives as reasonable and necessary under the circumstances at the
time he or she decides to use force. Except for deadly force, the application of any
degree of force is only justified when the officer reasonably believes that it is
necessary:

A. to prevent the escape from custody, make an arrest or an

investigative detention of a person the officer believes has committed
a crime; or

B. to defend himself or herself or another from what the officer believes

is the use of force while trying to arrest another, prevent his or her
escape, or otherwise lawfully take the person into custody.

Facts or circumstances unknown to the officer shall not be considered in

later determining whether the force was justified. The department expects officers
to observe the following two guidelines in all applications of force:

A. Employ the minimum force reasonably necessary to accomplish a

legal purpose. (ADM.05.01a)

B. Officers may resort to more severe methods of force to overcome

either increasing resistance or an increasingly dangerous threat to
public safety.

The escalation in the use of force typically does not follow a pattern.
 POLICY & PROCEDURE SERIES #201 Page 2 of 13

Therefore, officers are trained in the use of verbal commands, compliance

techniques (control holds), police batons, electronic control devices
(taser),chemical weapons, and deadly force. Officers must understand how to
recognize increasing or decreasing levels of threat and respond with the
appropriate reasonable force option. (ADM.05.01b)

When applying deadly force, officers' objective must be to eliminate the

deadly threat when presented. The objective of the use of any force is to overcome
the suspect's resistance to an officer's lawful purpose: officers shall avoid
unnecessary or excessive applications of force.

Police officers shall not unreasonably or unnecessarily endanger themselves

or the public when applying this policy.

III. DEFINITIONS:

A. DEADLY FORCE INCLUDES:

1. The firing of a firearm, even though no intent exists to kill or inflict

bodily harm.

2. Any force applied in any manner by any means that could reasonably
be expected to cause death or great bodily harm.

a. "Great bodily harm" means bodily injury which creates a

substantial risk of death or which is likely to cause serious
permanent disfigurement or loss, or extended impairment of
the function of any body, member or organ.

B. NON-DEADLY FORCE:

Force employed which is neither likely nor intended to cause death or

serious physical injury.

C. FIREARMS:

Any weapon from which a projectile is forcibly ejected by an explosive.

D. REASONABLE BELIEF:

When facts or circumstances the officer knows, or should know, are such as
to cause an ordinary and prudent person to act or think in a similar way
under similar circumstances.

E. SERIOUS PHYSICAL INJURY:

 POLICY & PROCEDURE SERIES #201 Page 3 of 13

A physical injury which creates a substantial risk of death, or which causes

death or serious and protracted disfigurement, or impairment of the function
of any bodily organ or limb.

F. EXCESSIVE FORCE:

Force is excessive when its application is inappropriate to the

circumstances, resulting in serious physical injury or death to a suspect.
The U.S. Supreme Court, in Graham v. Connor, set forth guidelines for
determining whether force has been excessively applied: the primary
concern is reasonableness in its application, as judged by the on-scene
officer. Based on the reasonableness standard, the following considerations
contribute to a determination of excessive force:

l. the severity of the crime;

2. the nature and extent of the threat posed by the suspect;

3. the degree to which the suspect resists arrest or detention; and

4. any attempts by the suspect to evade arrest by flight.

In evaluating the reasonable application of force, officers must consider their

own age, size, strength, skill level with department weapons, state of health,
and the number of officers opposing the number of suspects.

A. LESS LETHAL FORCE PHILOSPHY:

A concept of planning and force application, which meets

operational objectives, with less potential for causing death or
serious physical injury than conventional tactics.

B. REASONABLE FORCE OPTIONS:

A training model/philosophy that supports the progressive and reasonable

escalation of officer-applied force in proportional response to the action and
level of resistance offered by a given subject. Such responses may
progress from the officer’s actual physical presence at the scene to the
application of deadly force. The level of response is based upon the
situation encountered at the scene and the actions of the subject in
response to the officer’s commands and actions at a given instance.

IV. PROCEDURES FOR APPLICATION OF NON-DEADLY FORCE:

POLICY & PROCEDURE SERIES #201 Page 4 of 13

The department trains officers in the use-of-force, emphasizing the

recognition of and response to increasing levels of threat. Most instances in which
force is applied are non-deadly. Officers shall assess the incident to determine
which technique will best defuse the situation and bring it under control. The
following discussion reinforces key principles from training.

A. VERBAL CONTROL:

Verbal control refers to the manner in which the officer speaks to a person,
which of itself can effectively manage a situation. Verbal control includes
advice, persuasion, admonitions, or orders. The volume and tone of the
officer's speech may also contribute to control without having to resort to
another method of force. The department urges the use of verbal
commands without the use of profanity or disrespectful or argumentative
behavior.

B. COMPLIANCE TECHNIQUES:

At times, uncooperative people who refuse to be taken into custody may

only respond to a combination of strength, leverage, take-downs, control
holds, or come-alongs with sufficient force to make the lawful arrest without
aggravating tension or a suspect's combativeness. The object of this level
of force is to gain control and enforce the suspect's compliance while
minimizing the risk of injury to officers, bystanders, or the person being
placed in custody.

C. CHEMICAL AGENTS:

The use of chemical agents is restricted to situations where higher levels of

force are unnecessary and lesser levels are inappropriate or ineffective.
The only chemical weapon authorized for patrol personnel is the oleoresin
capsicum (OC) or "pepper spray." (See Appendix A of this order for more
information on pepper spray.) Chemical agents shall be used only to the
extent necessary to overcome the resistance of the suspect, and within
training standards. Specialized chemical agents, such as concussion
grenades or tear gas, shall be used only by personnel trained in their
application, and then only under direct orders of the on-scene supervisor
upon consultation with the Sheriff or his designee.

1. Chemical sprays shall not be used to threaten to elicit information or

persuade people to comply with orders, nor will they be used on
people who are handcuffed, secured, and properly in custody.

2. Keep the application to the absolute minimum required to effectively

control the subject.
POLICY & PROCEDURE SERIES #201 Page 5 of 13

3. Do not use on persons who are sick or who are not in possession of
their normal protective reflexes, (such as being able to turn away
from the applied spray). NOTE: Applying a chemical agent to such
persons can result in injury out of proportion to the threat they may
present.

Where lesser levels of force appear ineffective, officers may employ

hands, fists, feet, knees, and so on in striking an adversary,
according to methods sanctioned through training.

D. ELECTRONIC CONTROL DEVICES (TASER)

It is the policy of the King William Sheriff’s Office that electronic

control devices are a less lethal weapon issued to department
personnel for use in situations where other issued equipment is not
effective and/or not practical to use. Therefore, the approved
electronic control device is regarded by this department as an
escalation in the use of force to a level less than that of a firearm,
but greater than the application of a chemical agent or physical
force. For further guidance in the use of the electronic control
devices, see Appendix B of this order.

D. EXPANDABLE BATON

It is the policy of the King William Sheriff’s Office that the police
baton is a less lethal weapon issued to department personnel for
use in situations where other issued equipment is not effective
and/or not practical to use. Therefore, the approved police baton is
regarded by this department as an escalation in the use of force to
a level less than that of a firearm, but greater than the application of
a chemical agent or physical force. Since the improper or
unreasonable use of this weapon may cause serious injury and
even death, the baton should be used only in those instances
where lesser means of restraint or protection have failed or appear
inappropriate. For further guidance in the use of the expandable
baton, see Appendix C of this order.

V. DEADLY FORCE:

A. FIREARMS - GENERAL:

1. Firearms may be used:

POLICY & PROCEDURE SERIES #201 Page 6 of 13

a. In defense of the officer or others from what is reasonably

believed to be an imminent threat of death or serious bodily
harm; or (ADM.05.01c)

b. In the case of a fleeing felon, the officer must reasonably

believe that the fleeing felon committed a serious felony, which
caused death or serious injury and that the felon continues to
pose an imminent threat of serious physical harm or death to
the community. The officer must give the felon a verbal
warning to stop, if feasible, before using deadly force.
(ADM.05.01d)

b. To kill seriously injured or dangerous animals when it is

reasonably necessary to do so in order to defend the officer or
third party against a threat of significant physical injury or to
save a badly injured animal from great suffering.

[NOTE: Before destroying a badly injured domestic animal,

the officer shall make reasonable efforts to notify the animal’s
owner and/or Animal Control in order to involve more
appropriate persons in the decision and action. If such
notification cannot be swiftly accomplished, the officer is
permitted to go forward with the destruction of the animal. No
shot shall be fired to destroy any animal, wild or domestic,
unless such shot can be fired safely in respect to human life
and other property.]

c. In routine firearm training or practice at an approved range.

B. SHOTGUN:

1. Due to its wide shot dispersion, the shotgun will only be used when
an officer is dealing with an armed suspect, e.g., armed robbery in
progress, searching for armed suspects, answering calls when
complainant has indicated a person is armed.

2. The Sheriff may approve the use of shotguns on raids and stakeouts
when he believes that a threat to human life exists.

3. Shotguns will be encased and carried in patrol units.

4. Shotguns will be removed from vehicles before leaving them at any

garage or service department.

5. Before beginning a tour of duty or immediately thereafter officers will

inspect the shotgun assigned to the patrol car.
POLICY & PROCEDURE SERIES #201 Page 7 of 13

6. During regular firearms qualification, each officer will be required to

demonstrate proficiency with it.

7. The range officer / firearms instructor will develop a shotgun

maintenance schedule. He will inspect shotguns according to
schedule.

8. The general rules for the use of firearms above apply to shotguns.

PATROL RIFLE:

1. The patrol rifle will only be used when an officer is dealing with an
armed suspect, e.g., armed robbery in progress, searching for armed
suspects, answering calls when complainant has indicated a person
is armed.

2. The Supervisors may approve the use of rifles on raids and stakeouts
when he believes that a threat to human life exists.

3. Rifles will be encased and carried in patrol units.

4. Rifles will be removed from vehicles before leaving them at any

garage or service department.

5. Before beginning a tour of duty or immediately thereafter officers will

inspect the rifle assigned to them.

6. During regular firearms qualification, each officer will be required to

demonstrate proficiency with it.

7. The range officer / firearms instructor will develop a rifle maintenance

schedule. He will inspect rifles according to schedule.

8. The general rules for the use of firearms above apply to rifles.

VI. LIMITATIONS ON FORCE:

The following acts associated with the use of force are prohibited.

A. Firing into crowds.

B. Firing a warning shot. (ADM.05.01e)

C. Firing into or at a moving vehicle,

POLICY & PROCEDURE SERIES #201 Page 8 of 13

D. Firing into a building or through doors when the person fired at is not clearly
visible unless officers are being fired upon from such building or through
such door.

E. Firing at a suspect when lesser force could be used and the officer believes
that the suspect can be apprehended reasonably soon thereafter without the
use of deadly force, or when there is any substantial danger to innocent
bystanders. (When in doubt, don't shoot.)

F. Head blows with impact tools. The use by an officer of any inanimate object
to strike a blow to a person’s head is prohibited except when the officer
reasonably believes there is an imminent threat of serious injury or death to
himself or a third party and that he/she has no other reasonable alternative
for defending himself or a third party. The use of a gun, flashlight, or similar
object under such circumstances shall be deemed an application of deadly
force.

G. The carrying or use of saps, blackjacks, slapjacks.

H. Use of deadly force against unarmed, non-dangerous fleeing felons, fleeing

misdemeanants, or traffic offenders.

I. Any use of force not reasonably necessary in the light of the circumstances
confronting the officer.

J. Any forcible enforcement action when off duty except in circumstances

which seriously threaten life, valuable property, or public order. In other
circumstances, the most appropriate police action is to request the
assistance of an on-duty officer at the first opportunity. Before taking any
action while off-duty, officers should carefully consider the risks to
themselves and others that may be caused by sudden confrontation with
armed criminals or suspects. If it is feasible, the off-duty officer should
identify himself as a law enforcement officer before taking any action. No
unarmed off-duty officer will be subjected to disciplinary action for failure to
take action if that action would reasonably require being armed.

K. Neck restraints are prohibited, unless the use of a neck restraint is

immediately necessary to protect the law-enforcement officer or another
person from death or serious bodily injury?
ADM.05.01 F

VII. WEAPONS

A. DUTY WEAPON: While on duty, an officer shall carry a department issued

or approved weapon. The department shall issue ammunition for the
POLICY & PROCEDURE SERIES #201 Page 9 of 13

weapon. Prior to being authorized to carry a firearm, all officers shall be

issued copies of and be trained in the guidelines set forth by department
orders and regulations relating to use of force and firearms.

1. Any officer who wishes to carry a personally-owned weapon on duty

must request permission, in writing, from the Sheriff. Weapons must
be inspected and approved by the firearms instructor. The officer
must qualify with the weapon as well as with department-issued
weapons. Officers must buy ammunition for their personally-owned
off-duty weapons.

2. The Sheriff shall maintain a record of all weapons used by officers

either on or off duty. The record lists weapon descriptions,
ammunition type issued, date of issue, and information pertaining to
qualifications. The designated range officers shall annually review
the records to ensure that they are up to date.

B. OFF-DUTY WEAPONS: Officers are encouraged, but not required, to carry

a handgun when off duty. An officer who elects not to carry a handgun while
off duty shall not be subject to disciplinary action if an occasion should arise
in which he could have taken police action if he were armed.

1. (Exception) Off-duty officers while operating a department vehicle

shall be armed with an approved weapon.

2. Officers who carry off-duty weapons must understand that in some

social situations (e.g., sports) the carrying of a firearm would be
inappropriate.

3. Officers who have consumed alcoholic beverages shall not carry an

off-duty weapon under any circumstances.

4. All officers shall submit off-duty weapons to the range instructor for
inspection and ballistics testing before carrying them.

C. QUALIFICATION:

Firearms qualification procedures are discussed under P&P 103. No officer

shall carry or use any firearm, chemical agent, Taser, or baton, unless he or
she has received training in the use of the weapon and demonstrated
proficiency in its use.

1. Officers who fail to pass the qualification shall be relieved of their

police powers and immediately reassigned to non-enforcement
duties.
POLICY & PROCEDURE SERIES #201 Page 10 of 13

2. Officers who have taken extensive leave or suffered an illness or

injury that could affect the use of firearms shall re-qualify before
returning to enforcement duties.

VIII. REPORTING USE OF FORCE:

A. DOCUMENTATION/REPORTING/SPECIAL PROCEDURES:

1. USE OF FORCE REPORT. Use of force by officers shall be

documented and reported on the Use of Force Report. The purpose
of filling out the Report is to immediately document the use of force
so that, should any questions arise concerning the force incident, the
pertinent facts will be readily available. The report will also be used
to assist in identifying training and equipment needs. The number of
Reports that exist concerning an officer cannot be used in the
officer’s performance evaluation or as the basis for disciplinary action.
Force which is justified is permissible, regardless of the number of
usages. Not every touching by an officer requires completion of the
Report or notification of a supervisor. Decisions regarding what force
requires notification and reporting shall be made reference to other
portions of this policy and to other department training
communications. The supervisor reviewing the Use of Force Report
shall make a recommendation to the Sheriff as to the justification of
the force used.

2. PERSON IN NEED OF ASSISTANCE. If any person on whom force

was used by an officer needs medical attention, the officer shall
assist such person where appropriate shall order or otherwise
arrange transportation of such person to a place where needed
medical care can be obtained. If the officer is in doubt as to the
necessity of medical treatment, the officer shall seek guidance from a
supervisor. In no event shall apparently necessary medical attention
be unreasonably denied in order to notify or obtain guidance from a
supervisor.

3. NOTIFICATION OF SUPERVISOR. An officer who uses force on a

subject shall notify his immediate supervisor at once. He/she shall
complete the appropriate portions of the Use of Force Report and
forward it to his supervisor by no later than the end of the tour of duty
in which the force was used. Off-duty officers involved in use of force
situations are subject to the same reporting procedures as on-duty
officers. When an off-duty officer uses force, he shall notify a
supervisor immediately.

4. EXAMPLES OF SITUATIONS WHICH REQUIRE SUPERVISORY

POLICY & PROCEDURE SERIES #201 Page 11 of 13

NOTIFICATION AND COMPLETION OF THE REPORT.

a. An officer exercising police authority uses force which causes any

visible or apparent physical injury, or which results in the subject
saying he/she was injured.

b. An officer exercising police authority uses any object, including

baton, flashlight, hand, fist, or foot, to strike a blow to a subject.

c. An officer exercising police authority uses force which in any way

causes a subject to suffer a blow to the head.

d. An officer exercising police authority bodily removes or drags a

struggling subject from one place to another or is taken to the
ground whether or not the subject becomes injured or complains
of being injured.

e. An officer discharges his/her firearm, regardless of duty status

and regardless of whether the discharge was accidental or
intentional. (Exceptions: approved firearms range activity, other
safe and lawful target practice).

f. An officer exercising police authority uses force during or after

which a subject loses consciousness.

g. An officer exercising police authority uses OC, baton, or a Taser

on a subject.

5. PHOTOGRAPHS OF INJURIES. With the consent of the injured

person, the supervisor notified shall have photographs taken of the
injuries. Officers with visible injuries shall also be photographed.

6. CHARGING FOR RESISTANCE AND ASSAULT. If an officer

exercising police authority encounters resistance which clearly
justifies charges of resisting arrest and/or assaulting an officer, these
charges will be made immediately.

7. CUSTODY OF FIREARMS DISCHARGED DURING USE OF

FORCE. The supervisor of any officer who has discharged a firearm
during a use of force incident will take custody of the weapon which
has been discharged and will maintain the weapon in the same
condition in which it was received. The weapon will be held by the
supervisor until such time as it can be turned over to department
authorities responsible for investigating the discharge. At the
discretion of the Sheriff or his designee, officers will be given a
replacement weapon. Privately owned weapons will not be replaced,
 POLICY & PROCEDURE SERIES #201 Page 12 of 13

but will be returned as soon as practical.

(ADM.05.03a)

IX. DEPARTMENTAL RESPONSE

A. Assignment

Pending administrative review, any officer who has taken the life of another
person will be removed from line-duty assignment. This action protects both
the officer's and the community's interests until the situation is resolved.
(ADM.05.03b)

B. Review

1. All reported uses of force will be reviewed by the Sheriff to determine

whether:

a. departmental orders were violated;

b. relevant departmental policy was clearly understandable and

effective to cover the situation; and

c. departmental training was adequate.

d. the use of force was JUSTIFIED or NOT JUSTIFIED

C. Internal investigations

Internal investigations of serious applications of force (usually of compliance

techniques and more severe methods) shall be of two types conducted
simultaneously; first, an administrative investigation to determine whether
department standards were followed; second, a criminal one to detect law
breaking. A criminal investigation shall be discontinued whenever the
department is satisfied that no misconduct occurred. Dual internal
investigations shall be conducted on all shootings.

D. Psychological Services

In all cases where any person has been injured or killed as a result of a
POLICY & PROCEDURE SERIES #201 Page 13 of 13

firearm discharge by an officer, the involved officer may be required to

undergo a debriefing with a department provided psychologist as soon as
possible within 24 hours of the incident. The purpose of this debriefing is to
deal with the emotional and/or psychological after-effects of the incident.
The debriefing shall not be related to any department investigation of the
incident.

E. Administrative Leave

Any officer involved in a deadly force incident shall be placed on

Administrative Leave directly upon his preliminary report on the incident.
This leave shall be without loss of pay or benefits pending the results of the
investigation. The assignment to Administrative Leave shall not be
interpreted to imply or indicate that the officer acted improperly. While on
Administrative Leave, the officer shall remain available at all times for official
department business, including interviews and statements regarding the
shooting incident, and may be recalled to duty at any time. Upon returning
to duty, the officer may be assigned to administrative duties for a period of
time deemed appropriate by the officer, his psychologist, and the Sheriff.

X. TRAINING

A. Prior to any sworn employee being authorized to carry any firearm

or less-lethal weapons, they must first receive a copy of this order
and be trained and proficient with those weapons.
(ADM.05.02a, b)

B. Sworn employees shall receive training every calendar year

thereafter in Use of Force. (ADM.05.02c)

C. Sworn employees shall under-go refresher training every calendar

year in weapons other than firearms. (ADM.06.01c)
 POLICY & PROCEDURE SERIES # 202 PAGE 1 OF 12
SUBJECT EFFECTIVE DATE
PATROL OPERATIONS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.07a-f
OPR.07.01a-c
OPR.07.09a-b
OPR.07.11c
OPR.07.12b

I. PURPOSE:

Patrol is the primary activity of law enforcement that includes much more than driving
through neighborhoods looking for evidence of law breaking. On patrol, officers engage in
a wide variety of activities including enforcement of traffic and criminal laws, answering
complaints, conducting investigations, community relations activities, transporting
prisoners, and preventing crime. The department expects officers to conduct patrol
vigorously to prevent crime, improve community relations, and detect and apprehend
offenders.

II. POLICY:

To define and outline procedures for handling commonly encountered patrol problems.

III. DEFINITIONS:

Patrol can be defined in terms of its component activities:

A. Crime prevention activities;

B. Response to requested services;

C. Investigation of crime, offenses, incidents and conditions, including arresting

offenders;

D. Traffic direction and control;

E. Regulation of certain business or activities as required by law;

F. Maintenance of public order;

G. Provisions of emergency services;

H. Development of relationships between citizens and the department;

 POLICY & PROCEDURE SERIES #202 Page 2 of 12

I. Reporting of information to appropriate entities.

IV. PROCEDURES - General

A. Patrol coverage:

1. The department operates 24 hours a day, seven days per week to provide
citizens with law enforcement services. The department will provide,
generally, the same services at all hours of the day or night in relation to
answering calls for service, emergencies, preventive patrol, or traffic
enforcement. Monthly shift schedules are posted in advance, with shift
rotations to accommodate court schedules, and maintain 24 hour coverage.
Shifts are non-rotating and zone assignments will be made as necessary.
(OPR.01.07a-e)

2. Officers shall make contact with the officer they’re relieving upon the
beginning of each shift in order to review the log from the previous
shift.
(OPR.01.07f)
B. Patrol activities:

1. Response to some calls may require several officers to deal effectively and
safely with the problem. Situations that officers should request assistance
for:

a. potential or actual assault on an officer;

b. possibility of or actual on-scene arrest for a felony or violent

misdemeanor;

c. potential or actual resistance to arrest;

d. possibility of or actual use of force;

e. crime in progress;

f. fleeing suspect.

2. An officer finding the circumstances listed above should request back-up

assistance as needed. Two deputies assigned to such a call should
coordinate their simultaneous arrival, where possible.

C. Incidents requiring presence of a supervisor:

The supervisor shall be notified and shall assume command of the following
incidents:

1. Serious injury to an officer.

POLICY & PROCEDURE SERIES #202 Page 3 of 12

a. Accident involving a police vehicle.

b. Accident involving a county vehicle.

c. Major crimes to include murder, bank robbery, or a heinous crime or

assault where death may occur.

d. Barricade/hostage situations.

e. Disasters, catastrophes, or severe weather producing emergency

conditions.

f. Serious accident, injury or incident involving town personnel or

property.

g. Any other incident where a supervisor is requested.

2. Any serious complaint or incident involving a deputy requires the

Sheriff or his designee to be notified immediately.

D. Hazards:

A wide variety of hazardous situations such as bad road/weather conditions, unsafe

structures, and potentially dangerous calls for service will normally be identified by
patrol officers or announced by local media. Information about any of these
hazardous or potentially hazardous situations shall be reported, shared among
officers and other agencies that could potentially be affected, and passed on to
subsequent shifts.

E. Special notifications:

1. Emergency/next-of-kin messages.

a. Subject to the availability of personnel, emergency messages of any

legitimate type, as defined by the person receiving the message,
may be delivered. Officers shall deliver any message pertaining to a
death, serious injury, or serious illness.

b. Notifying next-of-kin where there is a death, serious injury or serious

illness can place the officer in a delicate and uncomfortable
situation. The following procedures shall be used whenever
possible and practical:

(1) Notification shall be made as promptly as possible.

(2) The presence of a minister or relative/close friend (if known)

shall be obtained whenever possible before notification.

(3) If notification has to be made alone, the officer shall offer

POLICY & PROCEDURE SERIES #202 Page 4 of 12

assistance to the next-of-kin in contacting a relative, close

friend or minister.

(4) Officers delivering emergency notifications shall tell citizens

the source of information.

c. When requested by another agency to make notification of next-of-

kin, the dispatcher or officer shall obtain whatever pertinent
information about the situation, if available, in order to assist the
relative receiving the message.

F. Highway maintenance/public utilities:

At any time when one of the below hazards exists, the officer shall request the
dispatcher to notify the proper agency. Hazards may be grouped into two
categories.

1. Hazards requiring immediate notification of the proper agency:

a. Essential traffic light in need of repair.

b. Large holes in road.

c. Electrical power lines down.

d. Large debris, etc.

e. Breaks in water, gas, or other utility mains.

f. Snow/ice on road.

g. Fire hazards needing immediate attention.

2. Hazards requiring notification at beginning of next business day:

a. Non-essential traffic lights or signs in need of repair.

b. Small (non-hazardous) holes in road.

c. Street lights in need of repair.

d. Telephone/video cables down but not creating hazard.

e. Dead animals in road.

f. Potential fire hazards not requiring immediate attention.

a. Excessive growth of weeds, grass, etc.

3. Some hazardous situations may demand immediate notification of local

media in order to request public service announcements. The Sheriff or his
 POLICY & PROCEDURE SERIES #202 Page 5 of 12

designee shall contact local media for this purpose.

4. Upon becoming aware of such locations, officers shall notify the

Communications Center to flag addresses in the CAD system where at-risk
citizens and those presenting a hazard to officer and/or public safety reside.

V. PROCEDURES - Conduct while on patrol

A. Officers shall acquaint themselves with traffic hazards, geography of their territory,
and particularly the location of highways. Officers shall also ascertain the names
and addresses of habitual criminals and law violators, First Aid stations, hospitals,
ambulances, magistrates, sheriffs, general district and circuit court Judges,
commonwealth's attorneys, medical examiners, public and private social service
agencies, and any other public or private officials that prove helpful in the
administration of their duties.

B. Officers shall employ the utmost care to protect themselves when stopping violators
for infractions of laws. Consideration must also be given the stopping of vehicles
from a safety standpoint, during inclement weather, on hills and curves, in dense
traffic, or in any instance where life and property may be endangered.

C. When an officer observes a violation of the law, he or she shall either (1) warn, (2)
arrest, or (3) issue a summons to the violator to appear before the court having
jurisdiction.

1. Any controversy incident to the warning, arrest, or summons shall be

avoided; the officer shall merely inform the offender:

a. the nature of the offense;

b. why the offense was detrimental to the safety of the public, if this is
appropriate;

c. the specific charge if a charge is made;

d. the procedure the violator must follow in order to bring the matter to
a conclusion. (OPR.07.01 a-c)

D. Without exception, officers transporting an individual of the opposite sex shall notify
the dispatcher that they are transporting a female/male prisoner. The report shall
include the point of origin, vehicle odometer reading, and the destination. Upon
arriving, the officer shall so notify the dispatcher and give the odometer reading.
The communications operator shall log the information and record the time of each
notification. The same procedure applies to transports of juveniles.

E. Officers shall provide general and emergency assistance to motorists in accordance

with their training and qualifications. This includes providing information and
directions, assisting stranded or disabled motorists, and obtaining medical and
other emergency assistance. Officers shall ensure that the requested service is
 POLICY & PROCEDURE SERIES #202 Page 6 of 12

provided in a timely fashion. If, after arranging for assistance, the officer is unable
to remain with the motorists until help arrives, he/she shall take the necessary steps
to provide safety to the motorists or arrange for transportation. However, this does
not preclude transporting the motorists to a place of safety when a need arises.

VI. PROCEDURES - Specific Patrol Problems

A. Hospital/clinic response:

Officers may respond to calls for assistance from hospitals/clinic, or they may take
prisoners to medical facilities for treatment, or they may interview hospitalized
subjects. Officers must understand that they are not required to give up their
firearms upon request by hospital personnel.

1. Mental patients.

a. In the absence of a court order for mental commission, or criminal

charges of any nature, officers responding to any medical facility
requesting their assistance in detaining a mental patient must not
initiate such action. The responsibility for detaining such a patient
rests with the hospital staff and security personnel. However, the
officer responding to the hospital shall provide assistance should the
situation escalate to a confrontation where the safety of the staff or
preservation of peace becomes a police problem.

b. When a court order for mental commission is present, the officers

must take whatever action is necessary to enforce the court order.

2. Handcuffed prisoners.

Unless necessary to remove handcuffs in order for a prisoner to receive

medical treatment, the handcuffs or restraints shall remain.

3. Interviews of patients/employees.

a. Officer(s) entering a hospital for the purpose of interviewing a patient

in the emergency room shall notify hospital personnel on duty of
their presence and the identity of the party to be interviewed.

b. Officer(s) entering a hospital for the purpose of interviewing a patient

in the patient's room or ward shall notify hospital personnel on duty
at the nurses' station responsible for the care of that patient of their
presence and the identity of the party to be interviewed.

c. Officer(s) who must interview an employee of a hospital shall make

every effort to conduct the interview away from the hospital unless
the purpose of the interview is in conjunction with the person's
employment.

B. Preliminary death investigations:

POLICY & PROCEDURE SERIES #202 Page 7 of 12

1. After arriving at the scene and until convinced to the contrary, all officers
shall consider every DOA call as a possible homicide, and shall be aware
that a homicide may be "staged" to appear as a death by natural causes.

Responsibilities of first officer on scene.

If the death appears to be from other than natural causes, the officer shall
direct attention to the following functions in the order that his or her
discretion dictates after an evaluation of the situation.

a. Assuring the safety of persons to prevent further injury or death.

b. A preliminary determination that the subject is actually deceased.

c. Preservation of the scene and possible evidence.

d. Radio call for police or rescue assistance.

e. Gathering of witnesses.

f. Requesting the presence of a supervisor.

g. Requesting the response of a detective and/or forensic tech

2. All deaths must be pronounced by a physician or paramedic, which may

happen at the scene, at a hospital, or any other place designated by the
medical examiner in medical examiner cases. The officer shall include in
his or her report the time of pronouncement, the name of the physician, and
where the body is to be taken.

3. Medical examiner's case.

If the circumstances of death fall into any of the following categories, or if

there is any doubt as to its inclusion in on one of these classifications, it
shall automatically be considered a medical examiner's case:

a. By violence; that is, accident, suicide, or homicide.

b. Suddenly, when in apparent good health.

c. When unattended by a physician (M.D. or D.O.).

d. When in jail or in police custody.

e. By unusual, suspicious, or unnatural means.

f. When the body is to be cremated.

g. Fetal deaths.
POLICY & PROCEDURE SERIES #202 Page 8 of 12

4. Non-medical examiner's case.

For the purposes of these procedures, a non-medical examiner's case shall

be defined as:

a. A death resulting directly from a disease or illness which has been

diagnosed and is actively being treated or attended to by a private
physician, and;

b. The death is not within the classification of a medical examiner's

case, as defined above.

5. When medical examiner is not immediately available.

a. If authority for removal of the body cannot be ascertained from the

medical examiner within a reasonable period of time, a deputy,
acting as an agent for the medical examiner, may contact the
nearest funeral home, and have the body transported to the nearest
hospital for pronouncement and custody. Family preference as to
funeral director may be considered if transportation can be
expeditiously handled.

If neither the attending physician nor the medical examiner can be

contacted within a reasonable period of time, the body may be
removed.

b. The assistance of the fire department may be requested in

emergency situations requiring the immediate removal of a body.

C. Residential/business security checks:

The department shall honor requests from citizens to conduct security checks of
their homes/businesses when the owners are on vacation. Officers shall advise
citizens that occasional security checks cannot guarantee that their property will be
safe from vandalism or burglary.

D. Shoplifting arrests:

1. Virginia Code Sections 18.2-105.1 and 19.2-74 concern detention of

shoplifters, arrests without warrants, and issuance of summonses in lieu of
warrants. Officers shall consult these statutes for guidance.

2. Handling juveniles.

The officer shall verify the age of the offender. If the offender contends that
he is a juvenile, and verification cannot be made immediately, he must be
treated as such until a determination to the contrary is made. Ascertaining
an offender's age and identification shall be through whatever means are
available to the officer at the time, but caution shall be taken to assure that a
juvenile is not processed as an adult offender.
POLICY & PROCEDURE SERIES #202 Page 9 of 12

a. Felony: If the offense is a felony:

(1) Obtain all available information on the offender needed to

secure petitions.

(2) Transport the juvenile to the sheriff’s office or Sheriff’s Office.

Contact a parent or guardian to pick up the child. Advise the
parent or guardian that a petition is being sought.

b. Misdemeanor:

(1) Every effort shall be made from the store to contact a parent
or guardian. Request the parent or guardian to respond to
the store for release of the juvenile.

(2) If a parent or guardian responds, or if the officer is assured

of proper identification, the officer may release the juvenile at
the scene after advising the adult or juvenile that a juvenile
petition shall be sought. Factors to be considered in this
action are the same as those for the release of an adult on a
misdemeanor summons.

3. Evidence - Special Considerations.

Section 19.2-270.1 Code of Virginia, allows for the introduction of a

photograph of shoplifted property as competent evidence. The process of
authentication of these photographs is rather involved, and the decision to
use a photograph shall be made only after careful deliberation, and not
merely at the request of the merchant. Officers shall consider:

a. Is the item perishable?

b. Would impounding the item represent an undue hardship to the

merchant?

c. Does the size or nature of the item make impounding impractical?

E. Funeral escorts:

1. Funeral homes are responsible for coordinating with other agencies if the
procession passes into another jurisdiction.

2. Funeral homes must inform all procession participants of any requirements

and provide all equipment necessary.

3. Officers' responsibility

a. Officers shall have the authority to refuse to start any escort which
presents a hazard to the safety of either the officer or the public. If
an officer refuses to start a funeral escort for any reason, he must
POLICY & PROCEDURE SERIES #202 Page 10 of 12

contact his supervisor.

b. Officers shall choose the route to be taken based upon resources

available, weather, time of day, traffic flow, road hazards, and any
permits issued.

c. In the event the procession is larger than anticipated, the officer in

charge of the procession shall consider the following:

(1) completing the escort as requested;

(2) waiting until additional assistance can arrive;

(3) escorting a manageable number of vehicles to include the

family vehicle and funeral coach.

d. The requesting party may choose to proceed without benefit of an

escort.

4. Vehicle requirements.

a. Police.

(1) A police vehicle escorting a funeral procession shall have

emergency lights in operation at all times.
(2) The siren shall be used as appropriate to warn other drivers
that the procession is proceeding through the area.

b. Other.

All vehicles participating in a funeral procession shall have their

headlights illuminated.

5. Upon completion of the escort, the officer will retrace the route to
ensure traffic is not congested in any particular area. If a problem
exists, the officer will address the situation as needed.
(OPR.07.09a)

F. Escorts for medical emergencies:

Officers shall not escort emergency vehicles. Officers may direct traffic to expedite
their transport. Officers may only transport a civilian suffering a medical emergency
if it is a matter of life and death and transport by EMS is not either practical or
available. The escort of civilian vehicles en route to the hospital is prohibited.

(OPR.07.09b)

G. Residential and vehicle lock-outs:

The Sheriff’s Office shall assist citizens who are locked out of their residence or
POLICY & PROCEDURE SERIES #202 Page 11 of 12

vehicles only in an emergency.

1. Persons requesting assistance in gaining access to a vehicle or residence

from which they are locked out shall be referred to private businesses,
unless one of the following circumstances exists:

a. medical emergency; or

b. child or disabled citizen locked in the home; or

c. child, disabled citizen or animal locked in the vehicle; or

d. for a police related matter as authorized by a supervisor; or

e. when the welfare of a person could otherwise be in jeopardy.

2. If no emergency (as described above) exists, officers shall advise citizens:

a. that the Sheriff’s Office has neither the expertise nor the special
equipment necessary to enter the locked vehicle or residence; and

b. to call a locksmith or service station for assistance.

3. The above rules apply regardless of whether the request comes from a
citizen, fire department, or animal control personnel.

4. When called to a lock-out, the officer shall:

a. determine if an emergency exists; and

b. obtain proper identification from the requesting party and make a

reasonable inquiry to determine that the requesting party has a right
to gain entry (except in life-threatening situations or emergencies
where immediate action is necessary); and

c. advise the requesting party that the County is not responsible for
any damage incurred by the assisting officer; and

d. call for assistance, when necessary, from the fire department or

other appropriate agency; and

e. avoid forcible entry if possible and appropriate to the emergency.

H. Disabled/abandoned vehicles:

1. Officers shall not push nor pull any vehicle with a police vehicle.

2. Officers shall direct motorists who are low on gas to the nearest station.
Officers may provide courtesy transportation to stranded motorists for
obtaining gas, arranging for someone to pick them up, or to bring them to a
safer location.
POLICY & PROCEDURE SERIES #202 Page 12 of 12

3. If a disabled motorist requests towing services, officers shall have the

dispatcher contact a towing service, unless the motorist has a specific
preference.

4. If a vehicle is abandoned and constitutes an immediate traffic hazard, the

officer shall have it towed. If the abandoned vehicle does not constitute an
immediate traffic hazard, reasonable efforts shall be made to contact the
vehicle owner before it is towed. Private property owners reserve the right
to have any disabled/abandoned vehicle towed from their property.
(OPR.07.12b)

5. Officers shall take necessary steps to protect the safety of the stranded
motorist and passengers. Police vehicles should be positioned in a manner
to create a barrier between the disabled vehicle and moving traffic with
emergency lights activated. (OPR.07.11c)
 POLICY & PROCEDURE SERIES # 203 PAGE 1 OF 17
SUBJECT EFFECTIVE DATE
DOMESTIC VIOLENCE 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.13.01a-h

I. POLICY:

The department assigns domestic or family violence (domestic disturbance) calls a

high priority. The nature and seriousness of crimes committed between family or
household members are not mitigated because of the relationships or living
arrangements of those involved. Therefore, law enforcement must exercise
leadership in the community in responding to domestic violence. An immediate
criminal justice response can make a major difference in the disputants' lives. With
all due consideration for their own safety, department personnel responding to a
domestic disturbance call shall (l) restore order; (2) arrest persons when probable
cause exists that a crime has occurred; (3) provide safety and security for the crime
victim(s); and, (4) help participants contact appropriate agencies to help prevent
future occurrences.

II. PROCEDURES-GENERAL:

A. Definitions

1. "Assault": See Code of Virginia 18.2-52 and 18.2-57.2 "Assault and

Battery against a Family or Household Member," which upon a third
or subsequent conviction of the same or similar offense of any
jurisdiction within a ten-year period shall be treated as a Class 6
felony.

a. A related matter, Code of Virginia 18.2-60 criminalizes the

sending of letters, or electronic communications including, but
not limited to emails, texts, messages on social media, or
phone calls to anyone threatening death or injury (Class 6
felony).

b. A magistrate issuing a warrant for violation of Code of Virginia

18.2-57.2 shall also issue an emergency protective order.

2. "Domestic violence shelters/programs" means services that are

provided (usually 24 hours a day) for women/men and their children
who have been physically or emotionally abused, or who have been
POLICY & PROCEDURE SERIES #203
Page 2 of 18

threatened with abuse by their spouses or partners. Services include

crisis intervention, counseling, shelter, escort to court, food, clothing,
and transportation.

3. "Family abuse" means any act involving violence, force, or threat not
limited to any forceful detention, which results in bodily injury or
places one in reasonable apprehension of serious bodily injury and
which is committed by a person against such person's family or
household member (Code of Virginia 16.1-228).

4. "Family or Household Member," per Code of Virginia 18.2-57.2, 16.1-

228, and 19.2-81.3, includes:

a. Spouses, whether or not residing in the same home;

b. Former spouses, whether or not residing in the same home;

c. Persons who have a child in common, whether or not they

have ever been married or resided together;

d. Parents, children, stepparents, stepchildren, grandparents,

half-brothers, half-sisters, grandchildren, brothers and sisters,
regardless of whether such persons reside in the same home.

e. Parents-in-law, children-in-law, brothers- and sisters-in-law

who reside in the same home with the suspect;

f. Persons who cohabit or who, within the previous 12 months

cohabited with the suspect, and any children of either who
then resided in the same home as the suspect.

[Warrants against family/household members are heard by Juvenile

and Domestic Relations Court.]

5. "Predominant physical aggressor" (see Code of Virginia 19.2-81.3) is

the party that poses the greatest threat. Officers shall identify a
prominent physical aggressor based on the totality of the
circumstances and shall be based on the following considerations:

a. Who was the first aggressor?

b. The protection of the health and safety of family and

household members.

c. History of violence (prior assault convictions) of the parties

POLICY & PROCEDURE SERIES #203
Page 3 of 18

involved, including history of calls for service;

d. Relative severity of injuries inflicted on all parties, plus

consideration whether the injuries were offensive or defensive;

e. Evidence from persons involved in or witnesses to the

incident;

f. The likelihood of future injury to any party;

g. Current or previous protection orders filed against either party.

(OPR.13.01b)

6. "Protective order" is a court order of protection on behalf of an

abused family/household member that restrains the abuser from
further acts of violence, may order the abuser to refrain from further
contact, vacate the residence, relinquish custody of a vehicle, plus
other measures (see Code of Virginia 16.1-279.1). A protective order
may be valid up to two years. Officers must be aware of two types of
protective orders:

a. An emergency protective order (see Code of Virginia 16.1-

253.4) may be requested by a law enforcement officer by
telephone or in person (or by an allegedly abused individual in
person) from a judge or a magistrate. The emergency
protective order aims to protect the health or safety of any
person. It must be put in writing as soon as possible by the
officer on form DC-626. An emergency protective order
expires 72 hours after issuance. If the expiration of the 72
hour period occurs at a time that the court is not in session,
the emergency protective order shall be extended until 12 a.m.
of the next business day that the court is in session. The
officer must serve a copy of this order on the respondent, and
give a copy to the abused family/household member. The
officer must forward the original to the issuing judge or
magistrate for verification, who then files it with the Juvenile
and Domestic Relations Court within five days of issuance.
The dispatcher shall enter the order into VCIN as soon as
possible, which record shall be updated upon service of the
order.

b. An abused/family household member may petition for a

preliminary protective order (see Code of Virginia 16.1-253.1)
through the Court Services Unit. After an ex parte hearing and
based on immediate and present danger of family abuse or
evidence sufficient to establish probable cause that family
POLICY & PROCEDURE SERIES #203
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abuse has recently occurred, the court may issue a

preliminary protective order (protecting the petitioner or his or
her family) which is valid pending a full hearing which is to be
held within 15 days of the issuance of the protective order.
Officers shall serve the order as soon as possible on the
abuser and shall specify a date for the full hearing. The officer
shall leave a copy of any order with the abused person. The
dispatcher shall enter the order into VCIN as soon as possible,
which record shall be updated upon service of the order.

c. Any person violating the provisions of a protective order as

outlined in Code of Virginia 16.1-253.2 shall be guilty of a
Class 1 misdemeanor.

7. "Purchase or transportation of a firearm by a person subject to

protective orders": Code of Virginia 18.2-308.1:4 prohibits any
person subject to a protective order (as defined in the statutes cited in
this order) from purchasing or transporting a firearm while the order is
in effect, punishable as a Class 1 misdemeanor.

8. "Stalking": Any person who on more than one occasion engages in

conduct directed at another person with the intent to place, or with the
knowledge that the conduct places, that other person or the person's
family or household member in reasonable fear of death, criminal
sexual assault, or bodily injury, shall be guilty of a Class 1
misdemeanor. A third or subsequent conviction occurring within 5
years is a class 6 felony (Code of Virginia 18.2-60.3). Note that
penalties [see (b) below] apply regardless of jurisdiction where the
previous offenses occur. Further, upon a conviction the court shall
impose an order prohibiting contact between the offender and the
victim or victim's family.

a. Stalking behaviors include following a person to home, work,

and other places, parking outside home or office, threatening
notes or posts on social media, threatening email or texts or
threats using other electronic means and telephone calls,
threats.

b. A person who violates Code of Virginia 18.2-60.3 when there

is a protective order in effect is guilty of a Class 1
misdemeanor.

B. General Responsibilities
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1. Department personnel shall refer victims of domestic violence to

appropriate community resources (mental health agencies, medical
doctors, legal assistance agencies, victim/witness assistance
programs, and domestic violence shelters/programs). Where
possible, officers shall help victims directly access referral agencies.
Referrals help prevent future disturbances.
(OPR.13.01e)

2. Department personnel shall be trained about domestic violence and

its impact. Personnel must be well trained to confront unexpected
violence. Disturbance calls can be dangerous to responding officers.
Officers are encouraged to consult community resources such as the
local domestic violence shelter and the local victim/witness advocacy
program.

III. PROCEDURES: PATROL RESPONSIBILITIES

A. Arrival at the Scene

1. Obtain all available information from the dispatcher before arrival.

2. Approaching the scene.

a. When possible, officers should wait for back-up help, discuss

a strategy, and approach the dispute scene in pairs.

b. Avoid the use of sirens and other alarms in the vicinity of the
scene. The assailant might be dangerous and could turn a
weapon upon arriving officers.

c. Observe the location of the dispute before contacting the

complainant. Consider the surroundings. Park the marked
car a short distance away. Each officer should follow a
separate approach to the scene of the dispute, maintaining
maximum cover and an escape route. From this point on,
officers should remain within sight of one another, if possible.

d. Before knocking on the door, listen and look in any nearby

window to obtain additional information about the situation
(e.g., layout of the house, number of people, weapons,
evidence of violence or damage).

e. Officers must be concerned for their own safety as well as the

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disputants'. To minimize the possibility of injury, stand to the

side of the door and not in front of windows when knocking.
The unexpected may occur when the door opens.

3. Initial contact with occupant(s).

a. Identify selves as law enforcement officers by name, give an

explanation of your presence, and request entry into the home
(when conditions permit). Ascertain identity of complainant,
and ask to see him or her and any other person at the home.

(1) Officers shall not accept statements from any disputant

or witness that the call was a mistake without
investigating further. Officers shall not leave without
interviewing the complainant.

b. If entry is refused, officers must explain that they must make

sure there are no injured persons inside. If no one responds
to knocking, officers shall try to establish voice contact by
shouting for an answer.

c. Refusal of entry or no response to a knock at the door may

require a forced entrance only if officers have a reasonable
suspicion that the safety of people inside may be in jeopardy.

(l) In deciding to make a forced warrantless entry, officers

shall evaluate the following elements:

(a) The degree of urgency involved and the time

required to get a warrant;

(b) The possibility of danger to others, including

officers left to guard the site;

(c) Whether the suspected offense involved

violence; and

(d) Whether officers reasonably believe that

persons may be armed.

(e) Notify supervisor.

d. Officers may conduct a search of the premises if consent has

been given to do so. Although a consent search eliminates
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the need for a warrant and for probable cause, such consent
must be freely and voluntarily given. If two people have joint
ownership or possession of a place or thing, either one may
give a valid consent.

(l) A spouse can consent to the search of premises used

jointly by both husband and wife. This also applies if
the man and woman are unmarried cohabitants. If one
of them exercises sole control over part of the
premises, the other cannot give valid consent to search
that part.

(2) If the complainant has asked for law enforcement

assistance in retrieving personal property from his or
her residence, the officer must first determine if the
complainant has lawful authority to do so. If so, the
officer shall stand by to preserve the peace, but may
advise the disputants that rights to any disputed
property can only be determined by the courts.

e. Officers may also make a warrantless entry to conduct a

search if an emergency exists. Officers must have a
reasonable belief that such an emergency does exist
(example: officers believe that someone, perhaps children, is
in need of emergency assistance).

(l) Officers shall evaluate the following elements when

considering a warrantless entry:

(a) The degree of urgency involved and the time

required to get a warrant;

(b) The possibility of danger to others, including

officers left to guard the site;

(c) Whether the suspected offense is serious or

involves violence;

(d) Whether officers reasonably believe that

persons may be armed.

(2) Finally, officers are reminded that they have a lawful

right to investigate any situation which they reasonably
believe to be an emergency.

f. Once inside, establish control by:

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(l) Inquiring about the nature of the dispute;

(2) Identifying disputants;

(3) Being aware of potential weapons in surroundings;

(4) Determining if persons are in other rooms, whether

children or adults, and the extent of any injuries. These
persons should be separated from the parties involved
and kept out of hearing range so their status as
possible witnesses won't be compromised.

(5) Protecting the victim from further abuse. Separate the

victim from the assailant and arrange for medical
attention if victim is hurt. If the victim appears injured
and yet refuses medical assistance, carefully document
any observed injuries, as well as the refusal of medical
treatment. Photograph the victim's injuries.

(6) Ascertain whether a protective order has been violated.

g. If weapons (whether firearms, knives, or any other object

which could be used as a weapon) are present, secure them
away from the disputants, if practicable, while the disputants
are being interviewed. If officers determine that weapons
should be removed from the premises, contact the field
supervisor. Refer to II.A.7 regarding C Code of Virginia 18.2-
308.1:4 which prohibits persons under protective orders from
purchasing or transporting firearms.

4. Transporting family/household members to the hospital, safe shelter,

or magistrate. See Code of Virginia 16.1-253.2 and transportation
services for victims).

a. Officers shall assist victims in obtaining transportation to

another location as they wish or as the circumstances require.
If necessary, officers may transport victims. (OPR.13.01d)

b. If a complainant seeks officers' help in entering his or her

residence to obtain personal property, the officers must
determine that the complainant has lawful authority to do so;
must advise all parties that they are accompanying the
complainant to obtain items for immediate personal (or
children's) use; that the officers' function is to maintain order;
that any dispute over property is a matter for the courts to
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decide.

B. Interviewing all Disputants

1. Ensure safety and privacy by interviewing the victim in a place

separate from the assailant, if identifiable.

2. Critical to the success of the interview is the officer's manner.

Officers must listen, show interest in the disputants and their problem,
and remain aware of nonverbal communications signals.

3. Officers shall attempt a low-key approach in domestic violence cases.

Maintain good eye contact through natural, spontaneous glances.
(Fixed gazes or staring increase fear and hostility.) A relaxed stance
and appropriate facial and head movements demonstrate interest
and encourage the victim to continue speaking.

4. If possible, separate the parties so that they can individually describe

the incident without interruption. (This may help the parties relieve
emotional tension.) Although the disputants may be separated,
officers shall remain within sight and hearing of each other.

5. After the parties have given their statements, the officers should ask
about details for clarification, and summarize the stated accounts
(which allow the parties to point out anything that might be
misrepresented).

C. Interviewing the Victim

Ascertain the following information from the victim:

1. What happened?

2. Any injuries, who caused them, and what weapons or objects were
used;

3. Relationship to assailant;

4. Any threats made against victim or others;

5. Forced sexual contact against victim's will;

6. Any court cases pending against assailant or any protective orders in

effect;
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7. Is assailant on probation or parole?

8. Did assailant threaten others, particularly children, damage property,

or hurt pets.

D. Interviewing Witnesses

1. Interview any witnesses to the incident--children, other family

members, neighbors--as soon as possible.

2. Remember that witnesses may be experiencing significant emotional

crises that might influence the accuracy of their accounts.

3. If witnesses provide information about prior assaults, document them

to help establish a pattern.

4. Children of disputants should be interviewed with care and kindness.

Sit, kneel, or otherwise be at their level when speaking to them.
Signs of trauma or abuse should be noted.

IV. PROCEDURES: ISSUING AN EMERGENCY PROTECTIVE ORDER

A. If an officer has at least a reasonable belief that family abuse has occurred
and there exists probable danger of further abuse, the officer shall petition a
judge or magistrate to issue an emergency protective order. Officers shall
advise the victim that he or she can request an emergency protective order
directly from a magistrate.

B. An officer can petition for an emergency protective order by telephone or in

person.

C. The order will be valid until the time determined by magistrate on the next
JDR court business day and at least 72 hours after issuance, whichever is
later. The officer shall attempt to serve the order as soon as practicable to
the assailant.

D. The officer shall complete form DC-626 and serve a copy to the respondent
as soon as possible. The dispatcher shall enter the relevant information into
VCIN as soon as possible and update the entry upon service of the order.

E. The officer shall submit the original order to the issuing judge or magistrate,
provide a copy to the victim, and attach a copy to the incident report.

F. Officers shall obtain an EPO in addition to the warrant of arrest if an arrest is

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made in accordance with state law.

(OPR.13.01f)

V. PROCEDURES: ARRESTS

A. Officers may make an arrest without a warrant if they have probable cause
to believe that a felony has been committed in or out of his or her presence
(Code of Virginia 19.2-81). The Code specifies the misdemeanors for which
officers can arrest for offenses not committed in their presence. Further, the
department promotes a policy of arrest when the elements of an
appropriate offense are present. Officers are reminded that they cannot
release the abuser on a summons, but must take the abuser before a
magistrate. Officers shall check appropriate records for previous convictions
or pending cases of domestic/family abuse. Previous convictions may
constitute the warrant being issued as a felony under Code of Virginia 18.2-
57.2, paragraph B. (OPR.13.01h)

B. Officers who develop probable cause that a person was the predominant
physical aggressor in a violation of Code of Virginia 18.2-57.2
(assault/battery against a family/household member) or Code of Virginia
16.1-253.2 (violation of a protective order) shall arrest and take him or her
into custody (Code of Virginia 19.2-81.3). (If the "no contact," "no trespass,"
or "no further abuse" provision of a protective order is violated, then it is
treated as its own Class 1 misdemeanor offense.) (OPR.13.01
b)

1. When the safety of the complainant or victim could be compromised

by an arrest, or some other circumstance precludes physical arrest,
the officer must decide, within his or her discretion, whether to arrest.
Officers shall not instruct victims to obtain warrants for applicable
offenses; officers themselves shall obtain the warrants if
circumstances so require. If circumstances nevertheless dictate no
arrests, see V.E below.

a. If an arrest is made, advise the victim that the case may be

prosecuted even if the victim later declines to testify.

b. If officers cannot identify a predominant physical aggressor,

then they should not make an arrest (but thoroughly document
the incident). Further, officers shall not threaten to arrest all
parties involved for the purpose of discouraging future
requests for law enforcement intervention.
(OPR.13.01a)

2. In cases where the conditions of a protective order have been

violated (Code of Virginia 18.2-119), officers shall review the victim's
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copy of the order, checking it for validity. If a protective order exists

and its terms ("no contact," "no trespass," or "no further abuse") are
violated then the officer shall arrest the violator if probable cause
exists. Officers shall honor court orders from other states. If officers
are unable to verify an outstanding protective order, they must
nevertheless honor it. Officers cannot arrest for violation of the order,
however, if the violator has not been served with it.

3. Officers making arrests under Code of Virginia 19.2-81.3 shall

petition for an emergency protective order (Code of Virginia 16.1-
253.4). If the officer does not arrest but a danger of family abuse still
exists, the officer shall petition for an emergency protective order.
(OPR.13.01f)

a. If children are involved in the incident, officers shall contact the

on-call Child Protective Services worker if a child is abused or
neither parent can reasonably look after the child's safety and
well-being (neglect is a separate, reportable offense).

b. If the abuser is not present, officers shall try to serve the

protective order as soon as possible and shall so advise the
victim once service has been made (and officers shall arrange
to have the order entered into VCIN as soon as practicable).

4. In determining probable cause, the officer shall not consider:

a. Whether the parties are married or living together, or their

race, sex, ethnicity, social class, or sexual orientation;

b. Whether the complainant has not sought or obtained a

protective order;

c. The officer's own preference to reconcile the parties despite

the complainant's insistence that an arrest be made;

d. That the complainant has called for law enforcement

protection previously and has not pursued or has withdrawn
the criminal complaint against the abuser;

e. That the complainant has not begun divorce proceedings;

f. Assurances of either disputant that violence will stop;

g. The lack of visible bruises or injuries;

h. Denial by either disputant that violence occurred;

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5. Officers shall be alert to the elements of a stalking arrest. Ask

victims:

a. Is the assailant following you or did he or she follow you;

b. Is the assailant harassing you or did he or she harass you;

c. Is the assailant threatening you or did he or she threaten you?

C. Arrest is the most appropriate response when these factors are present:

l. Serious, intense conflict;

2. Use of a weapon;

3. Previous injury or damage;

4. Previous court appearance against the offending party;

5. Previous attempt to sever the relationship;

6. Second call for law enforcement help;

7. When a felony has occurred;

8. Evidence of drugs or alcohol use at the assault;

9. Offenses committed with the officer present;

10. Valid warrants on file for other crimes;

11. A protective order has been violated. Charge as a Class 1

misdemeanor under Code of Virginia 16.1-253.2;

12. Aggressive behavior toward anyone, pets, anything, or threatening

behavior.

D. Making the Arrest

1. Arrest the assailant if he or she is present, apply handcuffs, inform

him or her that the decision to arrest is a law enforcement one, and
transport securely to the jail/magistrate.

2. If the assailant is absent, transport (or arrange transportation for) the

victim to a safe shelter or other appropriate place. Have circulated a
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"be-on-the-lookout" message describing the assailant and arrange for

an arrest warrant.

3. If an arrest must be made because a protective order has been

violated, verify its validity by:

a. Examining the victim's copy, if available;

b. Having communications search VCIN or contact the

jurisdiction that issued the order to confirm its currency (see
V.B.2).

E. If the Abusive Person is not Arrested

l. Complete an incident report and provide summary information from

the report to the victim. Reports may not be released without
approval from the Sheriff or Commonwealth’s Attorney.

2. Inform the victim that he or she can begin criminal proceedings at a

later time. Provide information about how to file a criminal charge,
including time, location, and case number, if available, and offer to
help in filing charges at a later time.

3. Advise the victim of the importance of preserving evidence.

4. Explain to the victim about protective orders and how to obtain them
and offer to help the victim obtain them later.

5. If the victim wants to leave the premises to ensure safety, remain at

the scene while the victim packs essentials. Advise the victim to take
only personal items plus important papers (see III.A.4.b).

6. Give the victim telephone numbers of emergency shelters in the area

and the police emergency number.

7. Assure the victim that the Sheriff’s Office will assist in future
emergencies and explain measures for enhancing his or her own
safety.

F. Gathering Evidence

1. Physical evidence takes three forms in domestic violence cases: the

injuries of the victim, evidentiary articles that substantiate an attack,
and the crime scene itself.

2. The victim's account of injuries sustained should be corroborated by

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a physician.

3. When feasible, take photographs of injuries.

4. Photograph the crime scene to show that a struggle occurred; if

photography is not possible, write a description of it.

5. Collect evidence according to the same principles as applied to any

crime scene.

6. If the assailant is under a protective order and appears to have

purchased or transported a firearm, confiscate it as evidence of Code
of Virginia 18.2-308.1:4 (see also V.H.4.c below).

7. Seize any weapons that the predominant physical aggressor used or

threatened to use in the commission of any crime.

8. Obtain statements from all witnesses, particularly noting any excited

utterances that bear on the incident.

G. Documenting the Incident

1. All incident reports on domestic violence shall follow general reporting

procedures set forth in.

2. Include in all reports of domestic violence:

a. Facts and circumstances of domestic violence including a

description of why one disputant was deemed the primary
physical aggressor;

b. Victim's statements as to the frequency and severity of prior

incidents of abuse by the same family or household member;

c. The victim's statements as to the number of prior calls for law

enforcement assistance;

d. The disposition of the investigation.

e. The issuance of a domestic violence information package to

the victim.

3. If an arrest is not made, the incident must still be documented, where

either no probable cause existed, or circumstances dictated another
course of action. In such cases, in addition to the above
considerations, officers shall note:
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a. What referral information was given;

b. The name of any counselor contacted;

c. Why no arrest was made, nor any warrant issued.

4. If children were present, make a report of abuse or neglect, if

appropriate, and forward it to Child Protective Services (see V.B.3.a
above).

5. Regardless of whether an arrest is made, the officer shall provide

appropriate information to the victim, both orally and in writing, about
legal and community resources available. (OPR.13.01c,e)

H. Arrests of Law Enforcement Personnel

1. If the predominant physical aggressor or abuser is an employee of

this agency, the responding officer shall summon the supervisor, who
shall in turn notify his or her chain of command.

2. The scene shall be secured and medical attention summoned, if

required. The employee shall be disarmed or removed from access
to weapons.

3. The Sheriff shall be summoned who shall begin an internal criminal

investigation.

a. If probable cause to arrest exists, the Sheriff shall arrest and

gather evidence (including taking photographs) consistent with
this general order.

b. The Sheriff shall work with the responding patrol officer to

ensure that the victim receives medical attention, if necessary,
is transported to a hospital or safe shelter, and that all reports
are completed, evidence gathered, and photographs taken.

c. The Sheriff shall speedily present the case to the

Commonwealth's Attorney.

4. Upon termination of the criminal investigation, the Sheriff may direct

an internal administrative investigation into the incident consistent
with department policy. The Sheriff may suspend the employee
pending the outcome of the investigation.

a. Suspended employees shall immediately turn in all agency-

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issued weapons, vehicles, badges, and identification to the

property officer.

b. If the internal administrative investigation supports a violation

of agency policy, the Sheriff shall take appropriate action
consistent with personnel rules outlined in department and
town policy. Further, if the investigation confirms that
domestic violence occurred, the Sheriff may require
counseling, psychological evaluation, demotion, or termination
of employment.

c. Recently enacted federal law states that any person (including

a law enforcement officer) convicted under any state or federal
law for a misdemeanor involving the use, attempted use of
physical force, or the threatened use of a deadly weapon
when committed by a current or former spouse, parent or
guardian of the victim, a person sharing a child in common, or
a cohabitant of the victim (past or present), is prohibited from
shipping, transporting, possessing, or receiving firearms or
ammunition. The offense may have occurred at any time.
Law enforcement officers convicted of offenses involving
weapons or threats of force may therefore be unable to
maintain their certification.

5. The Sheriff will ensure that any court orders or injunctions are served
to the employee at the agency. The Sheriff shall ensure that legal
papers are served in a private setting so that supervisory personnel
can coordinate process service with counseling or psychological
services.

a. The employee's supervisor shall monitor the employee's

behavior. Upon service of any court papers, the supervisor
shall be present to review any affidavits supporting such
papers. The supervisor shall stay alert to behavior that may
be unseemly or indicative of problems requiring professional
intervention.

6. In the event an officer from this department makes an arrest and or

obtains an EPO for violation of §18.2-57.2, and the offender is a law
enforcement officer from another agency, that officer shall
immediately contact the Sheriff to advise him of the incident. The
arresting officer shall also contact the Chief Executive or ranking
supervisor of the arrested party’s employing agency notifying them of
the incident.
POLICY & PROCEDURE SERIES #203
Page 18 of 18

(OPR.13.01g)
 POLICY & PROCEDURE SERIES #204 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
HAZARDOUS MATERIALS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.06b

I. PURPOSE:

It is the purpose of this general order to establish procedures for the initial response
and investigation of accidents involving vehicles carrying hazardous materials.

II. POLICY:

Hazardous materials occasionally are transported through the county. Therefore,

the possibility of an accident involving a vehicle carrying hazardous substances has
become a reality. The extent of damage from an accident involving one of these
vehicles depends largely on the response of emergency personnel and their ability
to correctly identify and deal with such an incident.

III. PROCEDURES:

A. General:

Because of the hazard which might exist or may develop through an

accident, especially a derailment or overturned vehicle transporting
hazardous materials, officers must exercise extreme caution. Officers shall
take the following actions:

1. Any evidence of leaking liquid or vapor will be sufficient that officers

shall seal off the area until positive identification can be made by the
fire department, which shall be called immediately. The fire
department shall assume authority and responsibility for emergency
procedures.

2. Identification of hazardous material may be accomplished by:

(OPR.07.06b)
a. Placards:

Placards are displayed at the front, rear, and on both sides of

all vehicles (including rail cars) hauling hazardous materials;
however, experience has shown that placards are sometimes
POLICY & PROCEDURE SERIES #204 Page 2 of 4

either not displayed or misidentified. Each patrol officer shall

carry on duty a HAZMAT brochure identifying placards in use.

b. Driver:

When the accident involves a truck, the driver of the truck may
be able to supply information about the load transported;
however, the driver is not required to know a great deal about
cargo or emergency measures for handling it except for
explosives. In case of explosives, the driver is required to
have in possession and be familiar with documents containing
procedures to be followed in the event of accident or delay.

c. Shipping papers:

(1) Where the hazardous material is transported by truck,

the driver is required to have a copy of the shipping
papers which show the name of the materials,
classification, and quantity. By using these papers and
the Emergency Response Guide, the officer can
identify the hazard associated with the material and
ways of handling it.

(2) A manifest is located in the engine listing each car on

the train in order from the engine back to the last car,
and the contents of each car. Try to find the conductor
because he will have these papers in his possession.

d. Chem-cards:

To supplement the placarding system, many shippers of

chemicals provide the drivers with Chem-cards which provide
emergency information. Although Chem-cards are subject
only to voluntary use, the officer shall ask the driver for them.

3. Remain upwind, uphill or upstream if possible for all hazmat

incidents. Secure the area and await fire department personnel or
HAZMAT teams who have special monitoring equipment.

4. The on-duty supervisor shall respond and ensure that appropriate

notifications are made.

5. The Sheriff shall notify immediately the County Administer of the

situation and shall keep him advised of any changes.

6. Normal accident investigation procedures shall be suspended until

POLICY & PROCEDURE SERIES #204 Page 3 of 4

such time as appropriate clearance has been received, whereupon

the accident shall be investigated and reported as provided in P&P
205.

B. Evacuation:

When the possibility of an evacuation of all residents/inhabitants of part or

the entire county exists, the Sheriff shall consider:

1. Manpower requirements;

2. The method of notifying persons to be evacuated (i.e., door to door,

PA system, use of local radio stations, or Code Red (reverse 911)
etc.);

3. The size of area and number of people living there to be evacuated;

area maps;

4. Use of mass transportation to move evacuated persons;

5. Housing of evacuated persons, where possible, in local schools;

6. Security of evacuated areas to prevent looting, and premature return

(the fire chief shall make the decision when it is appropriate for
people to return home).

C. Key contact agency information requirements:

The key contact agencies and persons are available for evaluation and
assistance in the handling of hazardous material incidents and evacuation.
Every effort shall be made to obtain the following information before
contacting these agencies:

1. Location of the accident;

2. Hazardous material involved and shipper, if known;

3. The color and number of any labels on the carrier or cargo;

4. Type of environment (residential, rural, business, etc.);

5. Size of the container and amount of product leaking;

6. If rail, location of hazardous material car from the head of the train,
car number, and description of car (i.e., tank car, box car, etc.);
POLICY & PROCEDURE SERIES #204 Page 4 of 4

7. The initial and number of aircraft, if any.

D. Key agencies:

Depending on the hazardous materials involved, one or more of the

following agencies shall be contacted:

1. Chemical Transportation Emergency Center (CHEMTREC), (800)

424-9300 (TOLL FREE).

2. Pesticide Safety Team Network (PSTN), contacted through

CHEMTREC, (800) 424-9300 (TOLL FREE)

3. Radioactive Materials - Department of Health, (804) 786-5932, off

duty, (804) 323-2300; ask for Radiological Health Specialist support.

4. Hazardous Chemicals - Division of Consolidated Laboratory Services

(804) 786-7900.

5. State Department of Emergency Services, (804) 323-2300, if

additional state or federal HAZMAT teams are needed, or other
resources.
 POLICY & PROCEDURE SERIES # 205 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
MOTOR VEHICLE CRASH 7/1/2018
INVESTIGATIONS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.03k
OPR.07.05 a-g
OPR.07.06 a-c
OPR.07.07
OPR.07.08a

I. POLICY:

The purpose of this policy is to establish guidelines for the proper handling of
traffic crashes and for the collection and use of data that will reduce automobile
crashes resulting in property damage, injury or death.

II. PURPOSE:

An objective of the department is the reduction of motor vehicle crashes. To

accomplish this, the department performs a variety of functions such as providing
emergency service to the injured, protecting the crash scene, conducting crash
investigations and follow-ups, preparing reports and taking proper enforcement
action. The purpose of crash investigation is to determine the cause of an
automobile crash and use the information to develop enforcement that will reduce
crashes. Crash reports are used by the Division of Motor Vehicles, the Department
of State Police and the Department of Transportation at the state level and by the
town locally to study the frequency of crashes at a given location and time, the
causes, and the road conditions that existed at the time. The reports are also used
to develop selective enforcement programs, engineering studies, and to promote
street and highway safety.

III. PROCEDURES: General

A. Crash report and investigation, general:

1. Virginia Code requirements concerning the reporting of traffic crashes

include:

a. Section 46.2-371, 46.2-894: The driver of any vehicle involved

in an accident resulting in death or injury, or damage to
attended property shall immediately notify police.
POLICY & PROCEDURE SERIES #205 Page 2 of 7

b. Section 46.2-896: The driver of any vehicle involved in an

accident resulting in which no person is killed or injured, but in
which an unattended vehicle or other unattended property is
damaged, shall make a reasonable effort to find the owner of
such property, or if such owner cannot be found, the driver
shall leave a note in a conspicuous place at the scene of the
accident and shall report the accident in writing within 24 hours
to the police.

c. Section 46.2-373: Police officers who investigate an

accident for which report must be made, (injury to or death of
any person or total property damage to an apparent extent of
$1,500.00 or more) at the time of and at the scene of the
crash, or thereafter and elsewhere, by interviewing
participants or witnesses, shall within 24 hours after
completing the investigation, forward a written report to the
Department of Motor Vehicles of the Commonwealth.

2. The terminology used in the above laws requires "reports of

accidents." For departmental purposes, a report is made by a deputy
who has investigated a crash at the scene or elsewhere, the length,
duration and depth of investigative effort proportionate to the
seriousness or harm done.

3. A deputy shall respond to and prepare a report of a crash involving

any of the following:

a. death or injury; (OPR.07.05a)

b. property damage in excess of $1,500.00; (OPR.07.05b)

c. hit and run; (OPR.07.05c)

d. impairment due to alcohol and drugs; (OPR.07.05d)

e. hazardous materials;

f. Occurrences on private property; (OPR.07.05e)

g. any crash involving town property, vehicles, equipment or

facilities. (OPR.07.05f)

4. Officers shall also be assigned to respond to any crash involving

disturbances between parties or which create major traffic congestion
as a result of the crash or where vehicles are damaged to the extent
that towing is required. (OPR.07.05g)
 POLICY & PROCEDURE SERIES #205 Page 3 of 7

5. Crashes meeting the severity criteria occurring on public property are

reportable to the DMV. Public property is considered to be highways,
roads, streets and public parking lots maintained by state, county, or
municipal funds. Crashes occurring on private property, even though
they may meet the severity criteria, are not reportable to the DMV.
Crashes that are clearly non-reportable based on the definition of
severity or location should not be sent to the DMV. Also, to reduce
the number of supplemental reports, it is recommended that the
FR300P not be sent to the DMV until after completion of the crash
investigation. (OPR.07.05f)

                              

B. Crash scene responsibilities of the first officer at the scene include:

1. Administering emergency medical care (basic life support measures)

pending arrival of rescue squad/fire department;

2. Summoning additional help as required (officers, rescue, tow truck,

etc.);

3. Identifying and dealing with fire hazards and/or hazardous materials.

(OPR.07.06 a, b)

4. Protecting the crash scene; (OPR.07.06c)

5. Preserving short-lived evidence (broken parts, skid marks, etc.);

6. Establishing a safe traffic pattern around the scene (The officer

assigned to a crash shall have the responsibility and authority to
request assistance from any other officers as needed. He is then
also the primary investigating officer and in charge at the scene,
unless the supervisor deems it more appropriate to assign another
officer these responsibilities.);
(OPR.07.08a)

7. Locating witnesses and recording key crash information (license

numbers, observation of damage to vehicles or property, where
possible, getting vehicles off roadway immediately to get traffic
moving);

8. Expediting removal from roadway of vehicles, persons, and debris (in

property-damage-accidents, when possible, get vehicles off roadway
immediately to get traffic moving).
POLICY & PROCEDURE SERIES #205 Page 4 of 7

9. In case of a major incident where the media responds to the scene,

the officer shall abide by the procedures listed in P&P 207, Media
Relations.

C. In case of extremely inclement weather where a crash involves only property

damage, the dispatcher or officer may, with the supervisor's approval obtain
information over the phone to complete the accident report (FR 300) and
request that the involved parties come to the department and file a report in
person within 48 hours of the incident.

The employee taking the telephone report shall record the name, address,
operator giving them to the Sheriff (or his designee) who will confirm the
filing of the required reports.

IV. PROCEDURES - Crash scene

A. Crash scene information collection:

1. At the scene of the crash, the investigating officer must gather

information concerning the crash for subsequent use in completing
necessary report forms. Information to be collected at the scene may
include, but is not limited to:

a. interviewing principals and witnesses and securing necessary

identity/address information;

b. examining/recording vehicle damage;

c. examining/recording effects of the crash on the roadway or off

the roadway on other property/structures, etc.;

d. taking measurements as appropriate;

e. taking photographs as appropriate;

f. collecting/processing evidence;

g. exchanging information among principals.

B. Crash investigation follow-up activities:

1. Follow-up activities which may be necessary include:

a. collecting of scene data;

POLICY & PROCEDURE SERIES #205 Page 5 of 7

b. obtaining/recording formal statements from witnesses;

c. reconstructing the crash;

d. submitting evidentiary materials for laboratory examination;

e. preparing crash or offense reports to support criminal charges

arising from the crash.

2. In a particularly serious crash involving severe injuries, fatalities,

multiple vehicles, etc., it may be necessary to summon expert or
technical assistance from photographers, surveyors, mechanics,
physicians, accident crash team specialists, or other specialists.
Such expert assistance shall be requested through the Sheriff.

a. At the scene of the crash, the officer may take immediate

enforcement action and issue a Virginia Uniform Summons.

b. At the scene of the crash, the officer may immediately issue

a Subpoena For Witness (Ref: COV, Section 46.2-939).

c. If the driver is transported to the hospital and the officer later

concludes DUI, an arrest warrant or magistrate summons shall
be obtained.

e. In other traffic-related investigations, when the officer leaves

the scene of the offense and follows up and later identifies an
offender or offense, arrest warrants/magistrate’s summonses
shall be obtained. (OPR.07.03k)

C. Crash scene procedures:

1. Upon the receipt of a report of a motor vehicle crash that requires the
services of a police officer, the officer assigned shall proceed as
appropriate depending on injuries. The police vehicle shall not be
parked at the scene in a manner that will endanger other pedestrians,
motorists, or citizens. The officer shall consider using the police
vehicle as a shield to protect the scene as well as himself. The
officer shall leave his vehicle emergency lights on.

2. During any traffic control, the officer shall put on a reflector safety
vest before leaving the vehicle. Flares are available in each police
vehicle for use in creating an illuminated warning pattern to alert other
drivers.

3. In case of danger of fire from leaking or ruptured gas tanks or where

POLICY & PROCEDURE SERIES #205 Page 6 of 7

there is any major crash of two or more vehicles with any sign of
hazardous materials having been transported, the fire department
shall be called out.
(OPR.07.06a)

4. All police vehicles are equipped with a copy of the current emergency
response guidebook which permits both rapid identification of DOT
vehicles, and contains placards for hazardous materials giving
information concerning the nature of the hazard, emergency
procedures, and evacuation disasters. Any police officer arriving at
the scene of such a crash and seeing hazardous materials placards
shall immediately request the fire department. The fire chief, or his
designee, will assume control of any scene involving hazardous
materials and all officers shall provide support as required. Any
investigation of the accident shall occur after approval by the fire
chief, or designee.
(OPR.07.06b)

5. Any property belonging to accident victims shall be protected from

theft or pilferage. If owners are not present, the property shall be
processed as if it were found property, and held for the victims.
(OPR.07.07)

6. Virginia Code Section 18.2-324 requires any person clearing a

wrecked or damaged vehicle from a highway to remove any glass or
other injurious substance dropped upon the highway. The fire
department shall assist in washing down combustible substances.

7. In case of a crash involving an injured domestic animal, Animal

Control shall be notified to tend to the animal.

D. Vehicle Crash report (State Form FR 300):

1. Virginia Code states "Every law enforcement officer who, in the

course of duty, investigates a motor vehicle crash, or in which a
report must be made either at the time of and at the scene of the
crash or thereafter and elsewhere, by interviewing participants or
witnesses, within 24 hours after completing the investigation, forward
a written report of the accident to the Division of Motor Vehicles."

2. A crash report shall be filed on all crashes that occur on public

property within the town. Public property is defined, for the purpose
of crash reports, as any highway, roadway, street or public parking lot
maintained by the state, county, or town.
POLICY & PROCEDURE SERIES #205 Page 7 of 7

3. In the event of a crash that occurs on private property, a crash report

shall be filed if it meets any of the normal reporting criteria (death,
personal injury, property damage in excess of $1,500, or involves
government-operated vehicles). The reports filed on any other type
of a crash on private property shall be for departmental use only and
not forwarded to the Department of Motor Vehicles.

4. Coding of the Virginia Police Accident Report is standardized as well

as mandated by the Virginia Division of Motor Vehicles.
 POLICY & PROCEDURE SERIES # 206 PAGE 1 OF 19
SUBJECT EFFECTIVE DATE
ARRESTS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.02c, g, h, i, j
ADM.02.03

I. PURPOSE:

The purpose of this order is to define the authority of officers to arrest, and the
mechanism for making arrests with and without a warrant.

II. POLICY:

Short of the application of force, an arrest is the most serious action an officer can
undertake. An arrest can cause repercussions throughout a person's life, even if
he or she is eventually found not guilty or never brought to trial. Officers shall
accordingly exercise critical judgment in making arrests. Such judgment includes
consideration for bystanders, the time, place, and location of offenses, and the use
of force in making the arrests. Officers shall further consider alternatives to arrest
consistent with carrying out their law enforcement mission.

III. PROCEDURE - GENERAL

A. Definition of arrest: An arrest constitutes a seizure of the person for Fourth

Amendment purposes. Further, the Fourth Amendment requires probable
cause to arrest. The test, in interviews or stops of persons, for whether an
arrest has occurred--or a seizure of the person--is whether a reasonable
person under the circumstances would have felt free to leave. An individual
has been arrested when he is not free to go, whether or not formal words of
arrest are used.

1. Section 19.2-249 of the Virginia Code further provides that if an

offense occurs at the town/county boundary, or within 300 yards of
the boundary, officers in either jurisdiction may take enforcement
action.

2. Section 19.2-250 provides a further qualification. In criminal cases

involving offenses against the Commonwealth, the jurisdiction of the
department shall extend one mile beyond the corporate limits. With
the exception of hot pursuit, if an officer acts beyond one mile of the
POLICY & PROCEDURE SERIES # 206 Page 2 of 19

county limits, his status is that of private citizen.

B. Definition of Probable Cause: According to the Supreme Court, "Probable

cause exists where the facts and circumstances within their [the arresting
officer's] knowledge and of which they had reasonable trustworthy
information are sufficient in themselves to warrant a man of reasonable
caution in the belief that an offense has been or is being committed."

1. An officer must have probable cause to undertake a search or make

an arrest.

2. When an officer has probable cause, he or she may undertake a

complete body search, record the suspect's fingerprints, take the
suspect's photograph, and jail him. The aim of probable cause is to
make a formal charge.

C. Definition of Reasonable Suspicion: Reasonable suspicion involves a

standard less than probable cause, generally defined by the courts as a
circumstance or collection of circumstances that would lead a trained,
experienced officer to believe that criminal activity may be afoot.
Reasonable suspicion is less than probable cause, but more than just a
subjective belief. Some objective fact can be articulated that was the basis
for the suspicion.

1. An officer must have reasonable suspicion to temporarily detain a

citizen.

2. When an officer has reasonable suspicion, he or she may undertake

a pat-down of a suspect's outer clothing for weapons and record the
circumstances of the encounter. The aim of reasonable suspicion is
to resolve an ambiguous situation.

D. Elements:

1. Probable cause may be established through investigation and

observation, witnesses, confidential informants, or through
anonymous sources provided that the information is supported by
factual information.

2. Unnamed informants may be used in an affidavit for a search warrant

if information is included about why the informant is credible
(reliability) and he has information of specific use in the investigation
(knowledge).
POLICY & PROCEDURE SERIES # 206 Page 3 of 19

E. Eyewitnesses:

1. Eyewitness identifications generally do not provide reliable

evidence during criminal investigations. Consequently, the
Supreme Court has addressed this issue in numerous cases and
set forth guidelines to be followed when eyewitness identifications
are solicited by officers. Eyewitness identifications may take the
following form.

On-scene investigation:

One-on-one identifications have been held constitutional so long as

the period of time between the offense and the identification is brief.
One to three hours would be a reasonable amount of time.

2. Line-ups:

See P & P 208 for guidance.

3. Photo line-ups:

See P & P 208 for guidance.

F. Hearsay:

1. Officers must understand the rules by which hearsay can be

considered evidence and therefore of use in an investigation. Any
use of hearsay evidence must be based on the factual basis of the
information and the reliability of the source.

According to the Virginia Supreme Court, hearsay is "evidence not

proceeding from the personal knowledge of the witness, but from
the mere repetition of what he has heard others say."

2. Hearsay is generally inadmissible in court.

3. Some hearsay is useful as evidence. Exceptions to the Hearsay

Rule, and therefore admissible, include:

a. A dying declaration or a statement, oral or written, made by a

mortally wounded person who knows that he is about to die
and has abandoned hope of recovery.
POLICY & PROCEDURE SERIES # 206 Page 4 of 19

b. Spontaneous declarations, or exclamations of a participant or

bystander concerning an incident, made without time for
reflection.

c. Public records, or reports prepared by public officials under a

duty imposed by law or regulation.

IV. ARRESTS WITH A WARRANT (ADM.02.02g)

A. Who may issue: An arrest warrant may be issued by any judge or clerk of
any circuit court, general district court or juvenile and domestic relations
court or any magistrate (Section 19.2-71).

B. When it may issue; what to recite: Section 19.2-72 provides that the person
having authority to issue an arrest warrant shall first examine on oath any
complainant or other witnesses and, if probable cause exists, issue the
warrant.

C. What the warrant contains: A warrant commands the accused to appear

before a magistrate at a stated time and place. The warrant or summons
will give the name of the accused, or a description if his name is not known,
describe the offense and name the violation, and be signed by the
magistrate. The warrant contains the complaint, and the "complaint shall
consist of sworn statements of a person or persons of fact relating the
commission of an alleged offense." The warrant must not be too general or
leave too much discretion to the officer to decide which suspect to arrest.

D. Issuance of a summons instead of warrant: Code Section 19.2-73 provides

for issuance of a summons instead of a warrant "where there is reason to
believe that the person charged will appear in the court having jurisdiction
over the trial of the offense charged." Summonses impose the same
requirements to appear at an appointed place and time as with a warrant.

E. Notice of issuance of warrants or summonses: Code Section 19.2-73.1

provides that, normally, in any class of misdemeanor cases and in a Class 5
or Class 6 felony case, the county shall notify citizens of pending warrants or
summonses, and direct their appearance in court for execution of such units.

F. Issuance and service of summons in place of warrants in misdemeanor

cases.
Code Section 19-2.74 provides:

1. Whenever any person is detained by or is in the custody of an

POLICY & PROCEDURE SERIES # 206 Page 5 of 19

arresting officer for any violation committed in an officer's presence

which violates any county, city, town ordinance, or any provision of
this code punishable as a Class I or Class 2 misdemeanor or any
other misdemeanor for which he may receive a jail sentence, except
as otherwise provided in Title 46.2 or for offenses listed in Subsection
D of 19.2-81 of the Code of Virginia, or an arrest on a warrant
charging an offense for which a summons may be issued, and when
specifically authorized by the judicial officer issuing the warrant, the
arresting officer shall take the name and address of such person and
issue a summons or otherwise notify him in writing to appear at a
time and place to be specified in such summons or notice. Upon the
giving by such person of his written promise to appear at such time
and place, the officer shall forthwith release him from custody.

2. Whenever any person is detained by or is in the custody of an

arresting officer for a violation of any county, city or town ordinance or
of any provision of this code, punishable as a Class 3 or Class 4
misdemeanor or any other misdemeanor in which he cannot receive
a jail sentence, except as otherwise provided in Title 46.2, or to the
offense of public drunkenness as defined in 18.2-388 of the Code of
Virginia, the arresting officer shall take the name and address of such
person and issue a summons or otherwise notify him in writing to
appear at a time and place to be specified in such summons or
notice. Upon the giving such person of his written promise to appear
at such time and place, the officer shall forthwith release him from
custody. However, if any such person shall refuse to discontinue the
unlawful act, the officer may proceed according to the provisions of
19.2-82.

3. Any person so summoned shall not be held in custody after the

issuance of such summons for the purpose of complying with the
requirements of Chapter 23 (19.2-387 et, seq.) of this title. Reports to
the Central Criminal Records Exchange concerning such persons
shall be made after a disposition of guilt is entered as provided for in
19.2-390.

4. Any person refusing to give such written promise to appear under the
provisions of this section shall be taken immediately by the arresting
or other police officer before a magistrate or other issuing authority
having jurisdiction, who shall proceed according to provisions of 19.2-
82.

5. Any person who willfully violates his written promise to appear, given
in accordance with this section, shall be treated in accordance with
the provisions of 19.2-128, regardless of the disposition of, and in
addition to, the charge upon which he was originally arrested.
POLICY & PROCEDURE SERIES # 206 Page 6 of 19

6. Any person charged with committing any violation of 18.2-407 of the

Code of Virginia may be arrested and immediately brought before a
magistrate who shall proceed as provided in 19.2-82.

G. Copy of process to be left with accused:

Code Section 19.2-75 - Except as provided in 46.2-936, any process issued

against a person charged with a criminal offense shall be in duplicate and
the officer serving such process shall leave a copy with the person charged.

H. Execution and return of warrant, capias, or summons;

Code Section 19.2-76 provides that a warrant shall be executed by the

arrest of the accused, and that an officer may execute within his jurisdiction
a warrant or summons issued anywhere in the state.

Code Section 19.2-76 discusses the obligations of officers as follows:

1. An officer may execute within his jurisdiction a warrant or summons

issued anywhere in the state. A warrant shall be executed by arrest
of the accused, and a summons shall be executed by delivering a
copy to the accused personally, or if the accused is a corporation,
in the same manner as in a civil case. The officer executing a
warrant shall endorse the date of execution thereon and make
return thereof to a judicial official having authority to grant bail.
The officer executing a summons shall endorse the date of execution
thereon and make return thereof to the court to which the summons
is returnable.

2. Whenever a person is arrested upon a warrant or capias in a county

or city other than that in which the charge is to be tried, the law
enforcement officer making the arrest shall either (i) bring the
accused forthwith before a judicial officer in the locality where the
arrest was made or where the charge is the be tried or (ii) commit the
accused to the custody of an officer from the county or city where the
charge is to be tried who shall bring the accused forthwith before a
judicial officer in the county or city in which the charge is to be tried.
The judicial officer before whom the accused is brought shall
immediately conduct a bail hearing and either admit the accused to
bail or commit him to jail for transfer forthwith to the county or city
where the charge is to be tried.
POLICY & PROCEDURE SERIES # 206 Page 7 of 19

I. Escape, flight, and pursuit; Arrest anywhere in the state:

1. Code Section 19.2-77 - Whenever a person in the custody of an

officer shall escape or whenever a person shall flee from an officer
attempting to arrest him, such officer, with or without a warrant, may
pursue such person anywhere in the Commonwealth and, when
actually in close pursuit, may arrest him wherever he is found. If the
arrest is made in a county or city adjoining that from which the
accused fled, the officer may forthwith return the accused before the
proper official of the county or city from which he fled.

2. If the arrest is made beyond the foregoing limits, the officer shall
proceed according to the provisions of 19.2-76, and if such arrest is
made without a warrant, the officer shall procure a warrant from the
magistrate of the county or city wherein the arrest was made,
charging the accused with the offense committed in the county or
corporation from which he fled.

J. Exemption of such witnesses from arrest or service of process:

1. Code Section 19.2-280 - If a person comes into this state in

obedience to a summons directing him to attend and testify in this
state he shall not while in this state pursuant to such summons be
subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this
state under the summons.

2. If a person passes through this Commonwealth while going to

another state in obedience to a summons to attend and testify in that
state or while returning therefrom, he shall not while so passing
through this Commonwealth be subject to arrest or the service of
process, civil or criminal, in connection with matters which arose
before his entrance into this Commonwealth under the summons.

K. Arrest of suspect inside dwelling:

If an officer wishes to arrest a suspect inside his residence, he must first

obtain an arrest warrant. If the residence belongs to the suspect, only
an arrest warrant is required. If the dwelling belongs to someone else,
the officer must obtain a search warrant.

A search warrant is not required if the officer is in hot pursuit or the owner of
a residence consents to the officer's search for the suspect.
 POLICY & PROCEDURE SERIES # 206 Page 8 of 19

L. Return of warrant.

Upon executing the warrant, the arresting officer shall note the date of
execution on it, then return it to the court, less copies gives to the arrested
person.

V. ARREST WITHOUT A WARRANT: (ADM.02.02h)

A. Authority.

As noted earlier, the search and seizure provision of the Fourth Amendment
protects citizens from the arbitrary and oppressive interference by law
enforcement officials with privacy. Further, officers must have probable
cause that a crime has been committed, and that the person to be arrested
has committed the crime.

1. The Code permits a warrantless arrest of a person, but the sworn

person so arresting "shall be brought forthwith before a magistrate or
other issuing authority having jurisdiction who shall proceed to
examine the officer making the arrest under oath."

B. When warrantless arrests may be made:

An officer may make a warrantless arrest:

1. When a person commits a crime in the officer's presence (Code 19.2-

81);

2. The officer has "reasonable grounds or probable cause to suspect

any person of having committed a felony not in his presence" (Code
19.2-81);

3. At the scene of any motor vehicle accident on any public roadway

when, based upon personal investigation, the officer has "reasonable
grounds to believe. . . that a crime has been committed by any
person and there present" (19.2-81);

4. At any hospital or medical facility to which any person involved in a

motor vehicle accident has been transported, provided the officer has
"reasonable grounds to believe, based upon personal investigation,
including information obtained from eye-witnesses, that a crime has
been committed by that person" (19.2-81);
POLICY & PROCEDURE SERIES # 206 Page 9 of 19

5. In the apprehension of any person charged with the theft of any

motor vehicle on any public roadway when the officer "has
reasonable grounds to believe . . . that a crime has been committed
by any person then and there present" (19.2-81).

6. When any person is charged with a crime in another jurisdiction and

the officer has received:

a. a photocopy of a warrant;
b. a telegram;
c. a computer printout;
d. a facsimile printout; or
e. a radio, telephone or teletype message which gives:

(1) the name of the wanted person or an accurate

description (SSN, DOB, height, weight);
(2) the crime alleged

7. When the officer receives a radio message from the department that
a warrant for an alleged misdemeanor is on file (Code Section 19.2-
81);

8. When an alleged misdemeanor not committed in the officer's

presence involves shoplifting and a "reasonable complaint of the
person who observed the alleged offense" gives probable cause
(Section 19.2-81);

1. For assault and battery when the officer has probable cause to arrest
based upon the reasonable complaint of the person who observed
the offense (Section 19.2-81);

2. If any person possesses a weapon on school property

(Section 18.2-308.1)

11. When any person brandishes a firearm (Section 18.2-282)

12. When any person destroys property, when such property is located
on premises used for business or commercial purposes when such
arrest is based on probable cause upon reasonable complaint of the
person who observed the alleged offense. (Section 18.2-137)

C. Actions upon arrest.

1. Upon arrest on a photocopy of the warrant, telegram, computer

printout, facsimile printout or teletype message, the arresting officer
shall serve a copy of the document on the accused.
POLICY & PROCEDURE SERIES # 206 Page 10 of 19

2. The arresting officer should bring the accused before the magistrate
for bail hearing (See 19.2-76 and 19.2-123).

3. If the person is arrested based on a fugitive warrant from another

state, see Extradition, Code Section 19.2-100.

4. The magistrate should conduct a bail hearing and set bail or secure
bond if appropriate just as if the accused had been arrested on the
warrant from another jurisdiction. The police officer should not
request the issuance of any arrest process such as duplicate
warrants or fugitive warrants based on the charge in the other
jurisdiction within Virginia.

5. The arresting officer will contact the law enforcement officials where
the charge was made and inform them that the accused has been
arrested on the teletype message (or other arrest document), and if
not bonded, ascertain when a representative will arrive to transfer the
accused back to the locality having trial jurisdiction.

D. Juveniles.

Refer to P&P 225 concerning handling of juveniles, and Code Section 16.1-
246.

E. Summonses. (ADM.02.03)

An arresting officer shall issue a summons to appear at a time and place

specified in such summons whenever any person is detained by or in the
custody of an arresting officer for:

1. "An arrest on a warrant charging an offense for which a summons

may be issued . . . when specifically authorized by the judicial officer
issuing the warrant"; or

2. a violation of any county, city or town ordinance, or any provision of

the Code, [except as otherwise provided in Title 46.2 of the Code
(Motor Vehicles) or in 18.2-266 (Driving Motor Vehicle, Etc., While
Intoxicated)] or any other misdemeanor, punishable as a Class 3 or
Class 4 misdemeanor or for which the accused cannot receive a jail
sentence.

3. Anything in this subsection to the contrary notwithstanding, if any

person is believed by the arresting officer to be likely to disregard a
summons issued under the provisions of this subsection, or if any
person is reasonably believed by the arresting officer to be likely to
 POLICY & PROCEDURE SERIES # 206 Page 11 of 19

cause harm to himself or to any other person, then such person

should be brought forthwith before a magistrate, and the procedure
for warrantless arrest, pursuant to '19.2-82 should be followed, 19.2-
74 (A) (1).

4. For Class 4 Misdemeanors, "the arresting officer shall take the name
and address of such person and issue a summons" after which "the
officer shall forthwith release him from custody," Code '19.2-74 (A)
(2). The accused is required, however, to give his written promise to
appear before being released from custody. The statute specifically
allows the officer to take the accused before a magistrate
immediately if the officer reasonably believes that the accused is
likely to disregard the summons or to do injury to himself or others.

F. Release on promise to appear.

1. In all the above situations, when the arresting officer issues a

summons and releases the accused from custody, the person
arrested must first as a condition of his release make a "written
promise to appear at [the specified] time and place. . . ." Sections
19.2-74 (A) (1) and 19.274 (A) (2) If such person refuses to give this
written promise to appear, he "shall be taken immediately by the
arresting officer or other police officer before a magistrate or other
issuing authority having jurisdiction, who shall proceed according to
the provisions of 19.2-74 (A) (3) (paragraph 2). Alternatively, if such
person gives his written promise, but later willfully violates this
promise, he shall be subject to the penalties of 19.2-128 [Class 1]
Misdemeanor in addition to original charge and possible forfeiture of
pledged security,"] Section 19.2-74 (A) (3).

2. When "any person [is] charged with committing any violation of 18.2-
407 [which proscribes riot or unlawful assembly, he] may be arrested
and immediately brought before a magistrate who shall proceed as
provided in 19.2-82 [procedure upon arrest without a warrant] "
Section 19.2-74 (A) (3).

3. When release on a summons is appropriate, the arrested person will

not be photographed or fingerprinted before release. This processing
will be done after appearance in court and only in cases where there
is a conviction, Section 19.2-74.

VI. BOOKING PROCEDURES:

A. Constitutional considerations.

Officers of the police department shall ensure that the constitutional

POLICY & PROCEDURE SERIES # 206 Page 12 of 19

considerations of every arrestee or detainee for the duration of custody or

detention. They shall include:

1. All statements or confessions are voluntary and non-coercive.

2. All persons are advised of their Miranda Rights before questioning.

3. All arrested persons are speedily taken before a magistrate for formal
charging.

4. All persons accused or suspected of a criminal violation for which

they are being interrogated are afforded an opportunity to consult with
an attorney. (ADM.02.02c)

5. Constitutional safeguards of non-English speaking persons is

provided in a manner that is clearly understood. (ADM.02.02i)

6. Constitutional safeguards of hearing impaired persons is provided in

a manner that is clearly understood.
(ADM.02.02j)

B. Releases on summonses and mandatory arrest.

1. The person will be released on a Virginia Uniform Summons at the

location of arrest on all misdemeanors with the following exceptions:

a. Charges of driving under the influence;

b. Charges of public drunkenness;
a. Major drug violations.
b. The officer believes that the persons may disregard the
summons;
e. If the officer believes the arrested person will cause harm
either to himself or another person.

2. If the arrested person is not released on a summons or is charged

with a felony, the following procedures will be observed:

a. The person will be transported to the magistrate's office to be

formally charged, if the warrant was not obtained;

b. If the warrant was obtained before the arrest and a summons

cannot be issued, the person will be transported and
processing will begin upon arrival;

c. The person must be read the charge on each warrant;

POLICY & PROCEDURE SERIES # 206 Page 13 of 19

d. A Virginia Uniform Summons must be filled out for each

driving related offense.

e. An NCIC check shall be made on the person before being

released from custody.

C. Injury before or during arrest:

If a person receives an injury before or during an arrest and either requests

medical attention or, in the officer's judgment, such attention is needed, it
shall be offered or obtained before beginning the booking procedure placing
the person in jail.

D. Processing of paperwork:

1. All paperwork must be filled out, forwarded to the supervisor and

routed.

2. Regardless of the type of criminal arrest, a Virginia Uniform

Summons will be completed and routed as follows:

a. Page 1 to respective court;

b. Page 2 to administrative assistant (will route DMV copy as
required);
c. Page 3 to the defendant;
d. Page 4 (not used);
e. Page 5 to the arresting officer.

3. On a felony arrest, the following forms shall be completed and sent

to:

a. police records;

(1) C.C.R.E. forms (except yellow copy).

(2) C.C.R.E. fingerprint card.
(3) Local fingerprint card.
(4) Two photographs (front and profile with pertinent
information) will be taken.

b. General District Court:

(1) Original copy of served warrant.

(2) C.C.R.E. form (yellow copy).
(3) Bond papers.
(4) Jail committal.
POLICY & PROCEDURE SERIES # 206 Page 14 of 19

4. On a Class I or II misdemeanor arrest:

If the arrestee is not released on a summons or released following

court conviction, the forms listed below will be completed and routed
as follows:

a. Police records:

(1) C.C.R.E. forms (except yellow copy).

(2) C.C.R.E. fingerprint card.
(3) Local fingerprint card (may be omitted if arresting
officer knows that one already exists).
(4) Two photographs (front and profile with pertinent
information) will be taken.

b. General District Court:

(1) Original copy of served warrant.

(2) C.C.R.E. form (yellow copy).
(3) Bond papers (if subject bonded).

5. On Class III or IV misdemeanors:

a. Police records (see paragraph E,1).

b. General District Court:

(1) Original copy of served warrant.

(2) Bond papers (if issued).
(3) Jail committal (if detained).

6. On all juveniles taken in to custody for either misdemeanor or felony

charges:

a. Records section - all photos and fingerprints taken as

specified in juvenile procedures.

b. Juvenile and domestic relations court:

(1) petitions.
(2) detention orders.
 POLICY & PROCEDURE SERIES # 206 Page 15 of 19

c. Concerning juveniles charged where an offense report has

been taken, a copy of the offense report will accompany page
1 of the Virginia Uniform Summons.

d. Concerning juvenile charges where an offense report has not

been prepared, a brief summary of the offense shall be
provided by the arresting officer.

E. Further processing:

1. The arrestee is then returned to the magistrate who will consider a

bond (except in those instances where a Virginia Uniform Summons
is acceptable).

2. If bond is allowed, the magistrate completes a bond certificate which

is attached to the warrant(s), and the person is allowed to leave.

3. If bond is not allowed or cannot be made, the person is then

committed to jail by the magistrate, and a committal form is
completed by the magistrate and attached to the warrant and the
arrested person is transported to jail.

4. Items seized as evidence will be properly tagged and returned to the

police department and placed in an evidence locker.

VII. RELEASE FROM ARREST:

A. Legal background

1. In some instances, officers may encounter a circumstance where

probable cause develops to arrest a person for an offense only to find
out shortly thereafter that the person under arrest did not commit a
crime, or that further investigation reveals the event does not
constitute a crime. It is imperative, then, that the officer end the
arrest process immediately to avoid becoming liable for false
imprisonment. False imprisonment, as defined in Montgomery Ward
v. Freeman, 199 F 2D 720 (1953), "is the restraint of one's liberty
without any sufficient legal excuse."

2. The Attorney General of Virginia has issued an opinion, Report of the

Attorney 91971, Page 102, which states the following:

"It is my opinion, therefore, that an arresting officer, who may

have had probable cause to initially make the arrest without a
warrant, may thereafter conclude that further prosecution of
the arrestee would be improper or fruitless and may,
POLICY & PROCEDURE SERIES # 206 Page 16 of 19

subsequently, discharge him from custody without the

necessity of taking him before a magistrate."

As stated by the Attorney General, an officer is required to formally

charge only those persons who have been placed under arrest, if the
officer concludes that further prosecution would be proper and fruitful.

B. Procedure.

1. The arresting officer shall not formally charge those under arrest
when it is proven to his satisfaction that either the person under arrest
did not commit a crime or that an event investigated is found not to
constitute a crime.

2. When an officer releases a subject from arrest, he should take care to

return the person to the same location occupied before the arrest.
For example, an officer arrests a subject, transports him to the
magistrate when the officer learns that the probable cause he used to
make the arrest no longer exists. Instead of releasing the subject
along the roadside, the officer should return to the location of arrest
and release the person. If a vehicle has been towed, the vehicle shall
be returned to the operator/registered owner.

3. Upon releasing a person in this manner, the officer shall immediately

contact his supervisor and advise him of the incident.

4. To protect himself and the department, the officer shall document in

an incident report:

a. Date and time of arrest.

b. Person arrested (name, address, date of birth, race).

c. Location of arrest.

d. Location and time of release from arrest and whether the

person was transported.

e. Reasons or discovery of information which led the officer to

release from arrest.

f. Witnesses to the alleged crime, or to the fact the person

arrested was allegedly involved.

5. If the officer makes an arrest based on probable cause, the arrest is

lawful. Probable cause must continue to exist through the
 POLICY & PROCEDURE SERIES # 206 Page 17 of 19

appearance of the officer and arrested person before the magistrate.

If not, the officer must release the person as soon as practicable.
See Code Sections 19.2-82.

SUMMARY OF LAWS OF ARREST

Criminal Offenses - All offenses except traffic as found in Title 46.2

1. Law enforcement officers shall issue a Uniform Summons on all misdemeanor

offenses committed. The officer shall proceed to the magistrate with accused when
any of the following exceptions are present:

a. Class 1 or 2 Misdemeanors (and all other jail able offenses).

(1) When there is a reason to believe accused will not appear.

(2) When there is a reason to believe accused will be of danger to

himself or to others.

(3) When accused fails to give written promise to appear.

(4) Violations of sections: 18.2-266 (driving while intoxicated);

(5) All major drug violations.

b. Class 3 or 4 Misdemeanors (and all other non-jail able offenses).

(1) When accused fails to give a written promise to appear, or refuses to

discontinue the unlawful act.

(2) 18.2-388 (drunk in public); 18.2-407 (unlawful assembly).

(3) When the accused is a non-resident of the Commonwealth.

(4) When the accused is unable to reasonably establish his name and
address.

For offenses indicated by TI (Traffic Infractions) the accused should be released on

 POLICY & PROCEDURE SERIES # 206 Page 18 of 19

summons upon giving his written promise to appear for the scheduled court hearing. All
others offenses are considered to be misdemeanor unless so indicated.

2. Law enforcement officers shall issue a Uniform Summons on all traffic offenses
committed in their presence except:

a. Traffic misdemeanors:

(1) When there is reason to believe accused will not appear.

(2) When accused fails to give written promise to appear.

b. Traffic infractions:

(1) When accused fails to give written promise to appear.

c. Violations of law:

Law enforcement officers shall proceed to magistrate with accused when

any of the following exceptions are present.

(1) Committed by motorists from reciprocal states which require

revocation of license, if convicted.

(2) When the accused holds a license from a non-reciprocal state.

(3) When the accused is unable to reasonably establish his name and
address.
POLICY & PROCEDURE SERIES # 206 Page 19 of 19

RECIPROCAL STATES

The following states have been entered into a reciprocity agreement with Virginia
and have joined the Non-Resident Violator Compact:

Alabama Nebraska
Arizona Nevada
Arkansas New Hampshire
Colorado New Jersey
Connecticut New Mexico
Delaware New York
District of Columbia North Carolina
Florida North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Pennsylvania
Illinois Rhode Island
Indiana South Carolina
Iowa South Dakota
Kansas Tennessee
Kentucky Texas
Louisiana Utah
Maine Vermont
Maryland Virginia
Massachusetts Washington
Minnesota West Virginia
Mississippi Wyoming
Missouri
 POLICY & PROCEDURE SERIES #207 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
7/1/2018
MEDIA RELATIONS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.22.01a-h
ADM.22.02

I. PURPOSE:

The purpose of this order is to provide guidelines about information which may be
released to media representatives, to specify some types of information which may
not be released, to identify who may release information, and to establish
procedures for media relationships with the department.

II. POLICY:

One of the first and most fundamental considerations of the nation's founders in
drafting the Bill of Rights was to provide for a free press as an essential element of
the First Amendment to the Constitution. They recognized that a well-informed
citizenry is vital to the effective functioning of a democracy. Police operations
profoundly affect the public and, therefore, arouse substantial public interest. The
department shall make every reasonable effort to serve the needs of the media in
informing the public about crime and other police matters. This shall be done with
an attitude of openness and frankness whenever possible. The media shall have
access to personnel who are best informed about the subject of a press inquiry.
Further, journalists or reporters shall be told whatever will not infringe on a person's
right to a fair trial, impede a criminal investigation, imperil a human life, or seriously
endanger the security of the people.

In all other matters dealing with the media on current news, every member of the
department shall make every reasonable effort consistent with accomplishing the
police task in providing the media representatives with full and accurate material.

III. PROCEDURES:

A. General:

1. The department is committed to informing the community and the

news media of events within the public domain that are handled by or
involve the department.
POLICY & PROCEDURE SERIES #207 Page 2 of 6

2. The public information function includes:

a. Assisting news personnel in covering routine news stories,

and at the scenes of incidents. (ADM.22.01b)

b. Responding to news media inquiries, in person or by other

electronic means.

c. Preparing and distributing news releases. (ADM.22.01c)

d. Arranging for news conferences, as required or requested.

(ADM.22.01d)
e. Releasing information about victims, witnesses, and suspects
as allowed by law. (ADM22.01f)

f. Coordinating and authorizing release of information

concerning confidential departmental investigations and
operations.

3. All employees of the department have individual responsibilities

concerning the release of information.

4. The Sheriff will function as the primary contact for information

dissemination to the media. (ADM.22.01a)

5. Inquiries concerning departmental policies, procedures, practices or

relationships with other criminal justice agencies will be referred to
the Sheriff. Similarly, the Sheriff will coordinate all responses to
inquiries or release of information pertaining to department
involvement with other public service agencies (e.g., fire department,
medical examiner, Commonwealth's Attorney, Virginia State Police,
DEA, etc.).
(ADM.22.01h)
6. The Sheriff shall coordinate responses to inquiries and release of
information concerning confidential departmental investigations and
operations. (ADM.22.01g)

B. Information may be released as follows:

1. The investigating officer or supervisor at the scene will respond to

media requests and serve as the media contact. When practical, the
media contact will notify the Sheriff prior to the release of information.

2. In the case of follow-up investigation, the officer or investigator

conducting the follow-up shall provide information to the media as
POLICY & PROCEDURE SERIES #207 Page 3 of 6

requested by the Sheriff.

C. Information not releasable: The following information will not be released

due to 6th Amendment, statutory, or other restrictions:

1. The identity of victims of sex related crimes.

2. The identity of any subject for whom a warrant or summons has not
been issued, or indictment returned.

3. The existence of any criminal record or any information concerning

the character or reputation of the accused or remarks which tend to
establish the defendant as a "professional" criminal.

4. The existence or contents of any confession, admission or statement

of the accused.

5. The performance of any examination or test conducted on the

accused or the refusal or failure to submit to an examination or test.

6. The identity of actual or prospective witnesses to crimes, other than

the victim as mentioned above, or comments on the expected
testimony or credibility of any witness.

7. Any opinions as to the innocence or guilt of the accused, the merits of

the case, the possibility of any pleas or negotiations or the value of
any evidence.

8. The identity of any juvenile arrested who has not been certified by
the Circuit Court as an adult. Pursuant to Section 16.1-233 Code of
Virginia, the release of juvenile identity information is permissible
when the crime is a Class 3 felony or above and the perpetrator is
14 years of age or older. Consultation with the Commonwealth
Attorney should be exercised.

9. The names of deceased before the notification of next of kin.

10. Comments which suggest that a defendant has aided in the

investigation.

11. Information concerning the planning of raids or other specialized

enforcement efforts.

D. Release of information pertaining to juveniles:

1. Criminal Offense - Normally, juvenile name, address, or other

POLICY & PROCEDURE SERIES #207 Page 4 of 6

distinctly unique information which would serve to identify a juvenile

SHALL NOT be released. Age, sex, place of residence and details of
the offense MAY be released. Under certain circumstances, a judge
may authorize release of identity information.

2. Traffic infractions, except for those listed below, which are classified
as misdemeanors - Any information including name, address, etc., is
fully releasable.

3. Accidents - If traffic charges are or may be placed as a result of an

accident investigation, juvenile identity information will be withheld.

4. There are eight traffic offenses for which court appearance is

mandatory, which cannot be prepaid, and which will be used as the
basic definition for a traffic/accident "misdemeanor." These eight ARE
NOT considered infractions and juvenile identity information SHALL
NOT be released. Offenses include:

a. Indictable offenses

b. Infractions resulting in an accident. (If the juvenile is charged

with any violation in an accident, juvenile identity information is
NOT releasable. If a juvenile is involved in an accident, but is
not charged with any violation, identity information is
releasable.)

c. DUI or permitting another who is DUI to operate vehicle owned

by accused.

d. Exceeding speed limit by 20 or more miles per hour.

e. Reckless driving

f. Driving under suspension or revocation of driver's license.

g. Leaving the scene of an accident.

h. Driving without being licensed.

E. Crime or incident information release: Crime or incident information to be

released upon media request includes:

1. The type of event or crime and when and where it occurred, to

include a brief synopsis of known facts concerning the incident.

2. The identity of the victim or the name of the person who reported the
POLICY & PROCEDURE SERIES #207 Page 5 of 6

crime. If the victim or complainant requests that his or her name not
be used in the media, this request will be given to the media.

NOTE: The department will be reluctant to release names of

children, sexual assault victims, or victims of domestic violence. In
some cases, no legal bar exists to releasing such information, but
rather the news media have policies forbidding the printing of such
information. The release of victim information is an evolving area of
law: in these instances the department will seek legal advice on
what constitutes information appropriate for release.

3. Information concerning property loss, physical injuries or death (after

notification of next of kin).

4. Information concerning the type of investigation and length of

investigation.

5. Information concerning the existence of suspects.

6. If a warrant has been executed then the name, address, description

of that person will be released. If a warrant has been issued but not
executed, and the officer anticipates that the public may provide
information to assist in locating the person, this information may be
released.

F. Release of individual arrest information: After the arrest of a person other

than a juvenile, the following may be released upon media request:

1. Arrestee's name, age, residence and other factual background

information.

2. The nature of the charge upon which the arrest is made.

3. The identity of the investigative agency of the police department and

any assisting agencies.

4. The circumstances surrounding the arrest, including the place of

arrest and arresting officer names may be released upon request.

5. Custody status.

6. The dates of various hearings.

7. Photographs of the defendants without the police identification data

may be furnished, if readily available in current files.
POLICY & PROCEDURE SERIES #207 Page 6 of 6

G. Names of Law Enforcement Officers:

Names of officers providing information to the media may be given to the

media and published, unless the officer(s) involved is/are on an undercover
assignment. Addresses and telephone numbers of police personnel shall not
be released.

H. Media contacts/procedures:

1. Normally media representatives either visit the department in person

or call seeking information about newsworthy items. Routinely, they
shall be referred to the Sheriff. The Sheriff will be available for media
responses that may occur after normal administrative office hours.
(ADM.22.01e)
2. Normally, media representatives will not read the offense reports
since non-releasable information may be on the report (e.g., suspect
information). Offense reports and accident reports shall be carefully
checked concerning involvement of juveniles before releasing
information.

3. At scenes of major fires, natural disasters, or other catastrophic

events, or at crime scenes, officers may establish perimeters and
control access. Any such limitations shall be clearly explained to
media representatives preferably in meetings with them before any
emergencies, by sending editors and managers copies of this policy.
(ADM.22.02)

4. News media representatives should not interfere with law

enforcement operations at the scene of an incident. As soon as
possible, however, media representatives shall be assisted in gaining
access to the scene when it will not interfere with the law
enforcement mission.

5. Officers may deny access for legitimate investigative or safety

reasons; additionally, they may not authorize the press to trespass on
private property.

6. The media representative is responsible for obtaining any permission

necessary once the legitimate law enforcement mission allows
access to the scene on private property.
 POLICY & PROCEDURE SERIES # 208 PAGE 1 OF 10
SUBJECT EFFECTIVE DATE
7/1/2018
SUSPECT LINEUP PROCEDURE APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.02.07 a-g
OPR.02.08 a-f

I. PURPOSE:

To establish a policy for the preparation and presentation of photographic and

in-person lineups.

II. POLICY:

The King William County Sheriff’s Office maintains the highest priority to the
protection of the citizens that we serve. Recognizing that innocent persons may
occasionally be involved in the criminal investigative process and be wrongly
implicated in criminal matters, we assign as much importance to the clearing of
innocent persons as we would to the arrest of guilty ones.

The following procedures for use in Virginia incorporate many of the

recommendations issued by the United States Department of Justice in its
Eyewitness Evidence: A Guide for Law Enforcement and also include those
practices that have gained the support of social scientists and law enforcement
practitioners since its publication. An identification obtained through a lineup
composed in this manner should minimize the risk of misidentification and have
stronger evidentiary value than one obtained without these procedures.
Specifically, use of these procedures should maximize the reliability of
identifications, minimize unjust accusations of innocent persons and establish
evidence that is reliable and conforms to establish legal procedure.

III. DEFINITIONS:

Lineup: A lineup is any procedure in which a victim or witness to a crime or other

incident is asked to identify a suspect from among a group of persons in order to
determine or confirm the identity of the suspect. Such procedures involve either
actually viewing of persons (in live line-ups or show-show-ups) or viewing of
photographs (in a photo lineup).

Photo Lineup: An identification procedure in which any array of photographs,

POLICY & PROCEDURE SERIES #208 Page 2 of 10

including a photograph of the suspected perpetrator of an offense and additional

photographs of other persons not suspected of the offense, is displayed to an
eyewitness either in hard copy form or via computer for the purpose of
determining whether the eyewitness identifies the suspect as the perpetrator.

Sequential Lineup: A method of administration where photographs are shown to

the victim/witness one at a time, with an independent decision on each, before
the next photo is shown.

Blind Administrator: The person administering the line-up has no knowledge of

which person in the photo/live line-up is the suspect.

Blinded Administration: This is a lineup procedure in which the administrator may

know the identity of the suspect, but by virtue of the use of the procedures and/or
technology to accomplish this purpose, does not know which lineup member is
being viewed by the eyewitness.

Confidence Statements: A statement in the victim/witness’ own words,

articulating their level of confidence in the identification taken at the time the
identification is made.

Fillers: Non-suspected photographs or line-up members.

Show-up: A show-up procedure is an identification procedure in which an

eyewitness is presented with a single suspect for the purpose of determining
whether the eyewitness identifies this individual as the perpetrator.

Folder – Shuffle Method: A method requiring the lineup administrator to place a

photograph of the suspect and filler photographs into blank folders with one
photograph per folder. The folders are then “shuffled” before being presented
individually to the witness.

IV. PROCEDURES – General Responsibilities

A. Department personnel shall strictly adhere to established procedures for

conducting suspect lineups in order to avoid the possibility of error or of
undue suggestiveness to witnesses.

B. Department personnel shall be trained in lineup procedures to establish

uniformity and consistency of such procedures and to establish a high
level of competence in carrying out this important aspect of a criminal
investigation. Refresher training shall be conducted as policy changes
occur as needed.
(OPR.02.07g)
C. Department personnel shall report any known errors, flaws or non-
POLICY & PROCEDURE SERIES #208 Page 3 of 10

conformance with established procedures in the conduct of a suspect

lineup that they may observe or become aware of to their supervisor in
order that corrective actions may be taken and safeguards established to
protect the innocent.

D. The Sheriff’s Office will confer with the Office of the Commonwealth’s
Attorney in establishing lineup procedures in order to assure the best use
of this type of evidence and to assure that procedures established are
compatible with the prosecution of criminal cases. Likewise, instructions
given to witnesses during a lineup procedure will be those established and
approved in consultation with the Commonwealth’s Attorney.

V. PROCEDURES

Prior to a photo or live lineup, the investigating officer should record as complete
a description as possible of the perpetrator provided by the eyewitness and in the
eyewitness and in the eyewitness’s own words. This statement should also
include information regarding conditions under which the eyewitness observed
the perpetrator including location, time, distance, obstructions, lighting, weather
conditions and other impairments, including but not limited to alcohol, drugs,
stress, the presence of a weapon and any other relevant conditions. The
eyewitness should also be asked if s/he needs glasses or contact lenses and
whether s/he was wearing them at the time of the offense.

A. Show-up Procedure

1. Show-ups should only be performed using a live suspect and only in

exigent circumstances that require the immediate display of a suspect
to an eyewitness. Show ups should be done within two (2) hours of
the offense.
(OPR.02.08a)

2. Investigators should not conduct a show-up with a single photograph;

if investigators want to determine if an eyewitness can make an
identification using a photo, a photo lineup should be employed.
(OPR.02.08b)
3. The eyewitness should be transported to a neutral, non-law
enforcement location where the suspect is being detained for the
purposes of the show-up.

4. The eyewitness should be provided with the following instructions:

a. The perpetrator may or may not be the person that is presented

to the eyewitness;
b. The eyewitness should not feel compelled to make an
POLICY & PROCEDURE SERIES #208 Page 4 of 10

identification;
c. The investigation will continue regardless of whether an
identification is made;
d. The procedure requires the investigator to ask the eyewitness to
state, in his or her own words, how certain s/he is of the
identification s/he has made; and
e. The eyewitness should not discuss the identification procedure
with the other eyewitnesses involved in the case and should not
speak to the media. (OPR.02.08c)

5. If there are multiple eyewitnesses, only one eyewitness at a time

should participate in the show-up procedure, independent of the
others. If a positive identification is made, and an arrest is justified,
additional eyewitnesses should be shown live or photo lineups.

6. If identification is made, the investigator should seek and document a

clear statement from the eyewitness, at the time of the identification
and in the eyewitness’s own words, as to the eyewitness’s confidence
level that the person identified is the perpetrator. (OPR.02.08e)

7. Investigators should photograph a suspect at the time and place of the

show-up to preserve a record of his or her appearance at the time of
the show-up. (OPR.02.08f)

8. Officers conducting the show-up should avoid any conduct that may
influence the outcome of the identification procedure.
(OPR.02.08d)

B. COMPOSING THE LINEUP – (Photo & Live)

1. The officer in charge should select an individual to serve as the blind

administrator who does not know which member of the lineup is the
“true” suspect to conduct any lineups in order to avoid inadvertent
signs or body language that may lead or cause a witness to make an
incorrect identification. The officer selected should be thoroughly
familiar with this procedure.

2. Assure that law enforcement and/or prosecutorial personnel present

and involved in the case are knowledgeable about the procedure so
that they will not interfere or influence any witness during the process.
Unnecessary personnel should be removed from the location where
the process is being conducted.

3. Ensure that the photo or live lineup is comprised in such manner that
the suspect does not unduly stand out. However, complete uniformity
of features is not required. Avoid reusing filler photos/live lineup
POLICY & PROCEDURE SERIES #208 Page 5 of 10

members. If the eyewitness has previously viewed a photo or live

lineup in connection with the identification of another person
suspected of involvement in the offense, the fillers in the lineup should
be different from the fillers used in prior lineups.
(OPR.02.07a)

4. Avoid mixing color and black and white photos. Photos should be
either all black and white or all color.

5. Cover any portions of mug shots or other photographs that provide

identifying information. Ensure that no writings or information
concerning previous arrest(s) will be visible to the witness. If it is
necessary to block-out or cover a notation, such as a name on one
photo, then similar blocking out or covering marks should be placed on
all photos so that they will appear alike.

6. Use photos of the same size and basic composition, and never mix
mug shots other snapshots or include more than one photo of the
same suspect.

7. Include only one suspect in each identification procedure.

8. Select fillers (non suspects) who generally fit the witnesses’

description of the offender. When there is a limited or inadequate
description of the offender provided by the witness, or when the
description of the offender differs significantly from the appearance of
the suspect, fillers should resemble the suspect in significant features.

9. Select a photo that resembles the suspect’s description or appearance

at the time of the incident, if multiple photos of the suspect are
reasonably available to the investigating officer.

10. Ensure that the photos are reasonably contemporary.

11. Include a minimum of five fillers (non-suspects) per identification

procedure and a minimum of four fillers per live lineup.

12. Create a consistent appearance between the suspect and fillers so

that the photos depict individuals who are reasonably similar in age,
height, and weight general appearance, and are of the same sex and
race. However, avoid using fillers who are so closely resemble the
suspect that a person familiar with the suspect might find it difficult to
distinguish the suspect from the fillers.

13. Create a consistent appearance between the suspect and the fillers
with respect to any unique or unusual feature – such as a scar or
POLICY & PROCEDURE SERIES #208 Page 6 of 10

tattoo – used to describe the perpetrator by artificially adding or

concealing the feature.

14. Place the suspect in different positions in each lineup when

conducting more than one lineup for a case with multiple witnesses or
suspect.

15. Avoid reusing fillers in lineups shown to the same witnesses when
showing a new suspect.

16. Review the array, once completed, to ensure that the suspect does
not unduly stand out.

17. Assign each photo/person a lineup identification number. Record the

identification number on the back of each photo. Refer to that
photo/person only by that number. The nature of the identification
number should be purposely complex to the witness, so that any
inadvertent glance should not significantly hinder the identification
process or alert the witness as to the identity of the actual suspect.

18. After each photo/person has been assigned an identification number,

record the number along with all other pertinent information on the
Line-Up Identification Form.

19. Record the presentation order of each lineup and ensure that a
complete written record of the identification proceeding is made and
retained. The record should include: all identification and non-
identification results obtained during the procedure and signed by the
eyewitness, including the eyewitness’s confidence statement; the
names of all the persons present at the identification procedure, the
date and time of the identification procedure, and the sources of all
photos or persons used in the identification procedure. In addition, the
photos themselves should be preserved in their original condition. For
live lineups, a group photo should be taken of all persons in the lineup
together to illustrate size differences among the lineup participants.
This photo must not be shown to the witness, but will be included with
the completed case file.

20. There is a right to have counsel present at a live line-up where the
defendant-suspect has been charged.

21. Advise the accused that he or she may take any position in the live
line-up that he or she prefers and may change positions prior to
summoning a new witness.

22. Ensure that witnesses are not permitted to see nor are they shown
POLICY & PROCEDURE SERIES #208 Page 7 of 10

any photographs of the accused immediately prior to the live lineup.

23. Ensure that no more than one witness views each live lineup at a time
and that they are not permitted to speak with one another during live
lineup proceedings.

C. CONDUCTING THE IDENTIFICATION PROCEDURE

1. The identification procedure should be conducted in a manner that

promotes the accuracy, reliability, fairness and objectivity of the
witness’ identification. These steps are designed to ensure the
accuracy of identification or non-identification decisions.

2. Assure that all law enforcement and/or prosecutorial personnel

present and involved in the case are knowledgeable about the
procedure so that they will not interfere or influence any witness during
the process. Unnecessary personnel should be removed from the
location where the process is being conducted.

3. When presenting the lineup, the person administering the lineup

should use the approved standard instructions for witnesses prior to
the lineup that the offender might or might not be among those in the
photo array or live lineup, and therefore, the witness should not feel
compelled to make identification.
(OPR.02.07b)

4. Assure the witness prior to the lineup that regardless of whether

identification is made, the police department will continue to
investigate the incident.

5. Instruct the witness that if the offender is seen in the lineup, he/she
might not appear exactly the same as on the date of the incident
because features such as clothing, head or facial hair can change.
Additionally, photos do not always depict the true complexion of a
person, which might be lighter or darker than shown in the photo. Be
careful not to imply or lead the witness to believe that the suspect’s
appearance has actually changed in any way.

6. Provide the following additional viewing instructions to the witness:

a. Individual photos/persons will be viewed one at a time.

b. Photos/persons are in random order.
c. Take as much time as needed in making a decision about each
photo/person.
d. All photos will be shown, even if identification is made prior to
POLICY & PROCEDURE SERIES #208 Page 8 of 10

viewing all photos.

e. The administrator does not know who the perpetrator is.

7. Confirm that the witness understands the nature of the sequential

procedure.

8. Instruct the witness that the procedure – only if identification is made –

requires the investigator to ask the witness to state, in his/her own
words, how certain he/she is of any identification at the time the
identification is made.

9. Present each photo to the witness separately, in a previously

determined order, as documented on the lineup worksheet, removing
those previously shown. (OPR.02.07d)

10. Care should be taken to avoid the witness turning over the photo and
reading the identification number recorded on the back.

11. Avoid any conduct that may influence the witness during the
identification procedure. (OPR.02.07c)

12. If identification is made, avoid reporting or confirming to the witness

any information regarding the individual he or she has selected, until
the entire process (including obtaining a confidence statement and
obtaining required signatures and paperwork) has been completed.
(OPR.02.07e)
13. If the witness requests to view the photo/person sequence again, (or
specific photos/persons again), they may be shown a second time, but
must be shown again in the same sequence in its entirety even if the
witness makes an identification during this second showing.

14. Instruct the witness not to discuss the identification procedure or its
results with other witnesses involved in the case and discourage
contact with the media.

D. FOLDER – SHUFFLE METHOD

The “Folder System” was devised to address concerns surrounding

limited personnel resources while allowing for blind administration.
Should the investigating officer of a particular case be the only law
enforcement personnel available to conduct a photo lineup, the following
instructions are recommended:

 Obtain one (1) suspect photograph that resembles the

description of the perpetrator provided by the witness.
POLICY & PROCEDURE SERIES #208 Page 9 of 10

 Obtain five (5) filler photographs that match the description

of the perpetrator, but do not cause the suspect photograph
to unduly stand out.
 Obtain ten (10) file folders. [four of the folders will not contain
any photos and will serve as “dummy folders”]

1. Number the outside of each folder #1 through #10

2. Affix one (1) filler photograph to the inside folder “#1”

3. The individual administering the lineup should affix the suspect

photograph and the other four (4) filler photographs into Folders #2-6
and shuffle the folders so that the administrator is unaware of which
folder the suspect is in.

4. The remaining folders (Folders #7-10) will contain a page with the
following text: “THIS FOLDER INTENTIONALLY LEFT BLANK.” [This
is done so that the witness does not know when he or she has seen
the last photo. Agencies may choose to include up to eight (8)
photographs instead of the recommended six (6). When increasing the
number of photographs, it is necessary to increase the number of
blank folders. The intent is that the witness is not aware of when the
last photo is being presented.

5. The administrator should provide instructions to the witness. The

witness should be informed that the perpetrator may or may not be
contained in the photos he or she is about to see and that the
administrator does not know which folder contains the suspect.

6. Without looking at the photo in the folder, the administrator is to hand

each folder to the witness individually. The witness must view the
photo in the folder and then return it to the administrator before being
presented with the next folder. The order of the photos should be
preserved, in a facedown position, in order to document Step 7. [The
witness may be permitted to review the folders a second time, but is
imperative that all folders are provided in the same order as the
original presentation.]

7. Instruct the witness that the procedure – only if identification is made –

requires the investigator to ask the witness to state, in his/her own
words, how certain he/she is of any identification at the time that the
identification is made.

8. The administrator shall then document and record the results of the
procedure. This should include: the date, time and location of the
lineup procedure; the name of the administrator; the names of all f the
POLICY & PROCEDURE SERIES #208 Page 10 of 10

individuals present during the lineup; the number of photos shown;

copies of the photographs themselves; the order in which the folders
were presented; the sources of all of the photos used; a statement of
confidence in the witness’s own words as to the certainty of his/her
identification, taken immediately upon reaction to viewing; and any
additional information the administrator deems pertinent to the
procedure.

VI. RECORDING THE IDENTIFICATION RESULTS

A. When conducting an identification procedure, the person administering the

lineup shall preserve the outcome of the procedure by documenting any
identification or non – identification results obtained from the witness. A
complete and accurate record of the outcome of the identification procedure
is crucial. This record can be a critical document in the investigation and any
subsequent court proceedings.

B. When documenting the identification procedure, the person administering the

lineup should record both identification and non – identification results,
including a statement of confidence, the eyewitness’s own words.

C. If the eyewitness makes an identification, the administrator shall seek and

document a clear statement from the eyewitness, at the time of the
identification and in the eyewitness’s own words, as to the eyewitness’s
confidence level that the person identified in a given identification procedure.
(OPR.02.07f)
D. If the eyewitness identifies a person as the perpetrator, the eyewitness shall
not be provided any information concerning such person before the
administrator obtains the eyewitness’s confidence statement about the
selection. After the eyewitness’ confidence statement is obtained, the
administrator shall not tell the eyewitness information about how accurate
they were in their identification or provide additional information about the
defendant.

E. Document in writing the photo lineup procedures, including identification

information and sources of all photos used, names of all persons present at
the lineup, and date and time of the identification procedure.

F. Ensure that the results are signed and dated by the witness and the person
administering the lineup.

G. Ensure that no materials indicating previous identification results are visible to

the witness.
POLICY & PROCEDURE SERIES #208 Page 11 of 10

H. Ensure that the witness does not write on or mark any materials that will be
used in other identification procedures.
 POLICY & PROCEDURE SERIES # 210 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
VEHICLE PURSUITS 6/7/2021
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS P&P 210- 7/1/2018 OPR.01.10 a-j

I. POLICY

A. It shall be the policy of this office that the apprehension of a fleeing

suspect will be secondary in importance to the safety of the public.

B. Vehicular pursuit is defined as the active attempt by an officer in a

police vehicle equipped with both emergency lighting and audio
(siren) systems, to apprehend occupant(s) of a moving vehicle who
are resisting apprehension by increasing their speed or by ignoring
the officers attempt to stop them.

II. PROCEDURES

A. An officer may pursue a vehicle when there is probable cause to

believe the violator has committed or is about to commit a serious
felony, (a felony involving the use or threatened use of
violence) or when the necessity of immediate apprehension in the case of
a misdemeanor outweighs the level of danger created by the pursuit
(i.e.; DUI, reckless driving, …). Officers will operate within the
provisions of state law as included in the Code of Virginia, Section
46.2-920.

B. The decision to begin, responsibility for continuing, and choice of

method of pursuit rests primarily, if not solely, with the individual
officer(s) involved. The officer will be reminded that although the law
does not prevent him/her from using emergency speeds while
engaged in a pursuit, it does hold the officer criminally and civilly
responsible. Therefore, officers must exercise sound judgment and
carefully consider the seriousness of the offense, the possible
consequences, and the safety of the citizens.

C. Prior to initiating any pursuit, the officer must be aware of and

evaluate possible factors which would prohibit the pursuit. These
factors include, but are not limited to, weather, traffic conditions and
pedestrian traffic. The potential dangers of the pursuit must be
POLICY & PROCEDURE SERIES #210 Page 2 of 6

weighed against the reason for the pursuit. (OPR.01.10a)

D. PURSUIT SITUATION:

1. When an officer is forced to initiate the pursuit of a fleeing

suspect, the officer must advise dispatch of the following
information:

a. complete description of the vehicle (color, make,

license number, number of occupants including
description, if possible).

b. reason for the pursuit

c. direction of travel route during pursuit

d. to notify a supervisor. (OPR.01.10b)

2. Upon notification that a vehicular pursuit incident is in

progress, a Supervisor will be contacted IMMEDIATELY by
dispatch and shall assume responsibility for the monitoring
and control of the pursuit as it progresses. The supervisor
shall have the authority to terminate the pursuit if the
supervisor determines it is in the best interest of the officers,
citizens, and this department. The decision to terminate the
pursuit must be made after consideration of the seriousness of
the offense(s) committed is weighed against the potential for
personal injury or property damage. The dispatcher shall also
query vehicle information for wanted status, notify other units
and/or jurisdictions of pursuit, and notify units, supervisor and
other jurisdictions that pursuit is terminated when necessary.
(OPR.01.10d)

a. The supervisor shall continuously review the incoming

data to determine whether the pursuit should be
continued or terminated.

b. In controlling the pursuit incident, the supervisor shall

be responsible for the coordination of the pursuit by
directing the pursuit vehicle into or out of the pursuit;
approval or disapproval and coordination of pursuit
tactics; approval or disapproval to leave jurisdiction to
continue pursuit.

c. The fact that a supervisor may not be readily available

does not relieve the officer from making sound
judgments in initiating and/or continuing
POLICY & PROCEDURE SERIES #210 Page 3 of 6

a pursuit.
(OPR.01.10e)

3. The first unit to establish visual contact with the pursuing unit
involved in the pursuit and the suspect vehicle will join the
pursuit (If unit(s) is available). This second vehicle will
maintain visual contact and assume command of the pursuing
communications function. Other units will be assigned as
needed to respond to the general vicinity in non-emergency
assistance. (OPR.01.10c)

4. The unit initiating the chase and the unit assigned to maintain
visual contact will be the only units operating as emergency
vehicles. If the pursuit is initiated by an unmarked unit, the
lead will be surrendered to a marked patrol unit at the first
opportunity.

5. During the pursuit, the officer shall discontinue if conditions

exist which make the pursuit unreasonable. The violation or
offense committed must be weighed by the circumstances and
safety factors present during the pursuit. (OPR.01.10i)

6. Supervisors shall be responsible for monitoring pursuit

situations and shall have the authority to terminate the pursuit
if in the best interest of the officers, citizen(s) and this office.
The decision to terminate must be made after consideration of
the seriousness of the offense(s) committed is weighed
against the potential for personal injury or property damage.
(OPR.01.10e)

7. Barricading roadways must be considered as a force likely to

result in death or serious injury, and is prohibited from use in
any pursuit. (OPR.01.10f)

8. It is essential the officer consider at all times, the safety of the

motoring public, pedestrians, school children and/or school
busses, the officer him/herself and the violator when
making the critical decision to continue a pursuit.

E. Jurisdictional Procedure

1. When other agencies pursue vehicles into the jurisdiction of

this office, the following shall govern this agency's
involvement:
 POLICY & PROCEDURE SERIES #210 Page 4 of 6

2. Officers will not assist in active pursuit unless requested by the

pursuing agency and such assistance is approved by a
supervisor.

L 3. At no time will sheriff’s office units become actively engaged in

a pursuit if three vehicles from another agency are already in
active pursuit, unless otherwise instructed by a supervisor.
Under such circumstances sheriff’s office units will assume a
support role only.

4. When pursuits leave this jurisdiction and enter other

jurisdictions, the following will apply:

a. The primary officer will advise Communications that

the pursuit is leaving the jurisdiction.

b. The supervisor controlling the pursuit will evaluate the

entire incident and make the decision to let the pursuit
continue or terminate.

c. Communications will notify the involved jurisdiction.

d. If the agency with jurisdictional authority joins in active

pursuit, the backup unit will discontinue pursuit and
cease emergency operations and the primary unit will
relinquish control of the pursuit to the other agency,
assuming a secondary back-up role. Once two units
from the jurisdiction authority have joined in, the
remaining unit will relinquish the pursuit and assume a
support role.
e. Even while operating in a neighboring jurisdiction,
officers of this agency will in all respects comply with
the provisions of this policy and procedure. Under no
circumstances will officers of this office offer or provide
assistance, which is not permitted under this policy
and procedure.

4.
5. When other agencies become involved in pursuits, within the
County of King William, the following shall apply:

a. Assisting agencies will assume the role of a backup

unless otherwise directed by the primary deputy.

b. The primary unit will, if possible, advise the

Communications Center of the identity of the other
POLICY & PROCEDURE SERIES #210 Page 5 of 6

agencies involved so that Communications can make

contact and begin communications with the involved
agency.

c. Due to limited radio communications with other

agencies, the assigned supervisor or primary officer
shall re-evaluate the pursuit and terminate if
necessary. (OPR.01.1Og)

F. Jurisdictional authority involving the pursuit of fleeing suspects is dictated by

19.2-77 Code of Virginia which states:

1. Whenever a person in the custody of an officer shall escape

or whenever a person shall flee from an officer attempting to
arrest him, such officer, with or without a warrant, may
pursue such person anywhere in the Commonwealth and,
when actually in close pursuit, may arrest him wherever he is
found. If the arrest is made in a county or city adjoining that
from which the accused fled, or in any area of the
Commonwealth within one mile of the boundary of the
county or city from which he fled, the officer may forthwith
return the accused before the proper official of the county or
city from which he fled. If the arrest is made beyond the
foregoing limits, the officer shall proceed according to the
provisions of § 19.2-76, and if such arrest is made without a
warrant, the officer shall procure a warrant from the
magistrate serving the county or city wherein the arrest was
made, charging the accused with the offense committed in
the county or city from which he fled. (OPR.01.10g, h)

2. See also P&P 121 Mutual Aid.

G. CRIMINAL PROSECUTION AND CIVIL LIABILITY:

The authority to operate an emergency vehicle in a hot pursuit situation does

not protect the officer from criminal prosecution, nor does it shelter the
officer from civil liability for failure to use reasonable care in such operation.

H. RAMMING OF PURSUED VEHICLE:

Ramming the pursued vehicle is strictly prohibited. (OPR.01.10f)

I. ADMINISTRATIVE REVIEW:
POLICY & PROCEDURE SERIES #210 Page 6 of 6

All pursuits shall be properly documented on the Pursuit Survey Form. The
Sheriff shall administratively review all pursuits as soon as possible after the
incident to ensure that proper procedures were followed by personnel.

(OPR.01.10j)
 POLICY & PROCEDURE SERIES #211 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
COMMUNICATIONS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.24.01
ADM.24.02a-c
ADM.24.03
ADM.24.04 a-c
ADM.24.05a-k
ADM.24.06a-e
ADM.24.07a-f
ADM.24.08a-b
ADM.24.09
ADM.24.10a-b

I. PURPOSE:

The purpose of this policy is to outline the guidelines and procedures for the
department’s communications function.

II. POLICY:

The Sheriff’s Office shall maintain a Communications Center that remains in

operation twenty-four hours a day to monitor radio traffic from deputies, receive
citizen requests for service by telephone and dispatch deputies to emergencies,
incidents and scenes as needed. The King William Sheriff’s Office shall provide 24
hour a day toll free telephone access to the citizens of the county by maintaining an
enhanced 911 emergency phone system.

(ADM.24.01)

III. PROCEDURES:

A. Communications Supervisor:

1. The dispatchers are supervised by the Communications

Supervisor.

2. The Communications Supervisor manages the daily operation of

the dispatchers and monitors their performance and adherence to
proper procedures.

B. Dispatcher responsibilities:

1. Dispatchers operate on (2) 12 hour shifts, to provide twenty-four

POLICY & PROCEDURE SERIES #211 Page 2 of 6

hour coverage of the communications function.

2. The dispatcher is responsible for the following:

a. Radio communications: This includes communications for

police, fire, rescue, and public works units.

(ADM.24.02a)

b. Telephone communications: The department provides 24

hour, toll-free telephone access for non-emergency and
emergency 911 calls for service. (ADM.24.02b)

c. Teletype and automated data communications: This

includes VCIN and NCIC entries and DMV requests.

(ADM.24.02c)

d. Alarm monitoring: Alarms are relayed by alarm companies

to the dispatcher. (ADM.24.02d)

e. Electronic data communications: This includes CAD to MDT

texting. (ADM.24.02e)

3. The dispatcher has immediate access in the dispatch center to the

following information:

a. Officer in charge (ADM.24.07a)

b. Duty roster of all personnel, and duty schedule for shifts

(ADM.24.07c)
c. Residential telephone numbers of all department and county
employees (ADM.24.07b)

d. Visual maps detailing the department’s service area

(ADM.24.07d)
e. Police, fire, and rescue unit status information (through
Computer Aided Dispatch [CAD] system)

f. Written procedures and telephone numbers for procuring

emergency and necessary external services for the
department (ADM.24.07f)

g. Officer’s status information. (ADM.24.07e)

POLICY & PROCEDURE SERIES #211 Page 3 of 6

C. Compliance with applicable radio procedures:

1. All department radio operations are conducted in accordance with

applicable Federal Communications Commission (FCC) and
Statewide Interdepartmental Radio System (SIRS) procedures.

(ADM.24.03)

2. Copies of broadcast licenses are maintained and on file with the

Sheriff’s Office.

D. Dispatch center:

1. The dispatch center is located within the Sheriff’s Office and is

restricted to personnel who are DCJS certified and authorized to
receive such information.

2. The door to communications is to be closed and locked at all times.

(ADM.24.08a)
3. Civilians requiring information from the dispatcher shall go to the
security window and request assistance at the window. Individuals
authorized access to the administrative offices, but not the dispatch
center, may speak to the dispatcher at the inner security window.

4. The dispatcher is responsible for the proper care and use of all
equipment in the dispatch center. (ADM.24.08b)

5. In case of equipment failures within the dispatch center, the

dispatcher shall notify the supervisor on duty. He/she shall notify
the appropriate agencies to arrange for its expeditious repair. When
equipment will be out of service for an extended period of time, the
dispatcher should utilize the resources of the Virginia State Police
to process immediate requests for information.

6. In case of a power failure, continuous emergency communications

capabilities are ensured through the secure back-up generator.
The Sheriff’s Office is responsible for the maintenance and periodic
testing of the generator. The Sheriff’s Office shall ensure that no
unauthorized personnel may access the generator.
(ADM.24.10a, b)
E. Radio communications:

1. Officers and other emergency services personnel shall notify the

dispatcher of any changes in their status (i.e.: out of service, en
route, on scene, etc.). The dispatcher shall check on officers’ status
during calls when prompted by the CAD system.
POLICY & PROCEDURE SERIES #211 Page 4 of 6

(ADM.24.06b)
2. Units shall broadcast their call signs and await acknowledgment
from the dispatcher before proceeding with the remainder of their
broadcast. (ADM.24.06c)

3. All radio transmissions from officers and responding emergency units

shall be entered into CAD on the complaint that it relates to. If
no complaint, any unit transmissions are to be entered
under the corresponding unit ID as to their status,
etc.
(ADM.24.06a)

4. Dispatchers shall follow established FCC and SIRS procedures

when communicating with other agencies.

5. In cases of emergency calls for service, the dispatcher will assign

an officer to respond. The circumstances will dictate if additional
sworn personnel may be requested to respond to any given
situation.

6. The dispatcher shall notify a supervisor or the Sheriff to respond to

those special situations outlined in department policy.
(ADM.24.06e)
7. In emergency situations (10-33) requiring an immediate response
from all available law enforcement resources, the dispatcher shall
broadcast a 10-33 request for assistance over SIRS and recall all
sworn department personnel if directed by a supervisor. If time
dictates and the situation requires it, the dispatcher may utilize the
telephone to contact Virginia State Police dispatch and/or
surrounding jurisdictions.
(ADM.24.06d)
F. Processing calls for service:

1. The dispatcher is notified of calls for service by walk-in

complainants, telephone calls, and radio broadcasts.

2. Upon initiation of a call for service, the dispatcher shall make the
appropriate entries in the CAD system. This information should
include:

a. Control number, date and time of request (automatically

handled by CAD) (ADM.24.05a)
POLICY & PROCEDURE SERIES #211 Page 5 of 6

b. Name, address, and telephone number of complainant

(ADM.24.05c)
c. Type of incident reported
(ADM.24.05d)
d. Location of incident reported
(ADM.24.05e)
e. Date & time of request
(ADM.24.05b)
3. As soon as the dispatcher has obtained all relevant information,
he/she shall broadcast the call over the radio to police, fire, or
rescue personnel as appropriate. The dispatcher shall inform
responding units of any previous calls involving the address, as
indicated by CAD. In the case of fire and rescue calls, personnel
may have to be paged out to respond. The dispatcher will make a
CAD entry indicating when pages were sent and what responses
were received. If no fire or rescue units respond to pages or if
additional resources are needed (i.e.: HAZMAT, Helicopter based
Medics), the dispatcher shall follow guidelines set forth in mutual
aid agreements to request assistance from other agencies.

4. Units responding to the call shall notify the dispatcher by radio

when they are en route, on scene, and clear from the incident.
After each notification from a responding unit, the dispatcher will
make the appropriate CAD entries. CAD will track which units are
assigned to the call and automatically record when the units were
dispatched, arrived, and cleared. The dispatcher shall assign the
officer who first received the call as the primary unit. All other
responding units shall be designated the back-up officer.
(ADM.24.05f, g, h, i)

5. Once units have cleared from a call, they shall notify the dispatcher
of the disposition or status of the incident. The CAD system then
assigns a call number for the incident. The dispatcher will print a
call sheet for each incident. (ADM.24.05j)

6. CAD data is retained for a period of ten years or as computer

hardware limitations dictate. (ADM.24.05k)

G. Officer-initiated calls:

1. Officer-initiated calls can include traffic stops, field interviews,

disturbances, or other suspicious situations.

2. When this occurs, the dispatcher shall initiate a CAD entry and
follow the applicable steps as outlined in section F. (Exception:
traffic stops are not assigned incident numbers).
POLICY & PROCEDURE SERIES #211 Page 6 of 6

3. When officers request VCIN/NCIC/DMV information, the dispatcher

shall indicate the information requests in the CAD log for that call.
Dispatchers shall inform officers of all previous traffic stops
involving vehicles, as indicated by CAD.

4. In the case of traffic or other violations, the officer shall notify the
dispatcher of the enforcement action taken (i.e.: summons or
warning), and the dispatcher shall indicate this in the CAD log.

5. When officers call in security checks, the dispatcher need only list
the checks as a note in the CAD log.

H. Dispatch recordings:

1. The dispatch center maintains the capability of immediate playback

of recorded telephone and radio conversations while it maintains
continuous recording of radio transmissions and emergency
telephone conversations within the dispatch center. (ADM.24.09)

2. Audio records are retained for a minimum of sixty days before

tapes are recycled.
(ADM.24.04a)

3 Audio records are stored in a secure manner, and under the

custody and care of the Sheriff.

(ADM.24.04b)

4. In the event that an audio record needs to be reviewed, the officer

shall make a request to review them to the Sheriff.
(ADM.24.04c)
 POLICY & PROCEDURE SERIES # 212 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
CHECKING DETAIL/SOBRIETY 7/1/2018
CHECKPOINTS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.10

I. PURPOSE:

The purpose of this policy is to provide procedures for the criteria and conduct of
members to be used in performing checking details/sobriety checkpoints to ensure
conformance with constitutional protection provided to all motorists.

II. POLICY:

The Commonwealth of Virginia has established many laws designed to maximize

highway safety and to limit highway usage to those persons who have demonstrated a
willingness to comply with those laws. The process begins with licensing and includes
rules of the road, vehicle condition, and sobriety while driving. The King William County
Sheriff’s Office has adopted the safe movement of vehicular and pedestrian traffic
through enforcement of these laws as one of its primary goals and as such, considers
the use of checking details a viable method to assist in achieving the goal.

III. PROCEDURE:

A. Background:
Traffic crash data, summons and arrest statistics, individual deputy experience
and citizen input provide valuable insight as to the types and locations of traffic
law violations which should receive the concerted effort afforded by a checking
detail. Based on these elements, the police department checking detail
endeavors will identify and cite those persons who (1) violate licensing laws, (2)
operate unsafe, defective vehicles, and (3) operate a vehicle while under the
influence of alcohol or drugs.

Although the checking detail is an accepted practice, its application shall not be
discretionary. Only unreasonable traffic buildup at the checking detail will be
sufficient cause to allow motorists to travel through the site without stopping.
(Specific alternatives are provided in the procedure that follows.)

Checkpoints shall be established from approved lists. Nothing in this directive

shall prohibit one or more officers from performing selective enforcement for
specific moving violations such as failure to stop at a stop sign, following too
POLICY & PROCEDURE SERIES #212 Page 2 of 7

closely, or excessive speed, nor shall this directive prohibit one or more officers
from setting up checking details to identify criminal suspects in areas
experiencing certain elevated criminal activity.

Checking details initiated to counter crime in a particular area are based upon
the Chiefs approval from crime analysis, including, citizen complaints,
Incident/Crime reports and arrest data. Operations such as these are not
considered traffic checking details.

B. Guidelines for Site Selection:

1. The Sheriff shall prepare a list of approved checking detail sites for
licensing/equipment violations and DUI violations. The list may be added to
or deleted from as deemed appropriate by the Sheriff. The site selected
shall be approved by a supervisor on the date of usage.

2. Each site shall be selected based on any one or combination of the following
criteria:

3. Historical, articulated data indicates a high number of DUI related traffic

crashes.

4. Historical articulated data indicates a high number of DUI arrest activities.

5. Historical, articulated data indicates the site is on a route known to be

traveled by motorists violating licensing (vehicle and operator’s) or
equipment related traffic laws.

6. The site shall have adequate visibility to provide safety to the motorist and
police department.

7. The site shall have adequate space available to park police vehicles and
violators vehicles so as to avoid the development of hazardous conditions
for all other highway users.

8. Each site shall be designated as approved for operation during daytime,

nighttime, or both.

9. The site location should be in an area where motorists approaching the

checkpoint are not able to turn off or avoid the checkpoint.

C. Checkpoint Operations: (OPR.07.10)

If the checking team is to achieve the desired goal of producing a sustained

deterrence and result in voluntary compliance of all traffic laws, the checks
POLICY & PROCEDURE SERIES #212 Page 3 of 7

should be conducted at various times of the day and week. In addition, Sheriff’s
Office members shall adhere to the following guidelines:

1. Members of the Sheriff’s Office will participate in checking details only

after being assigned by a supervisor and only at site included on the
approved list. Members may assist other agencies and vice versa.

2. At no time shall a checking detail be conducted with less than two (2) law
enforcement personnel present.

3. Checking details will be conducted no less than thirty (30)

minutes and no longer than two (2) hours.

4. The members conducting the detail shall be responsible to see that all
precautions are taken to afford the highest degree of safety to everyone.
This includes the use of roadway flares and/or traffic cones, appropriate
signs, emergency lights, personal traffic vests, flashlights, etc.

5. Safety considerations include circumstances such as extremely heavy

traffic at or near the checking detail location which may necessitate
procedures for screening alternate vehicles. The average checking time
per vehicle and the number of officers available will determine the
appropriate alternate procedures for checking vehicles. These alternate
procedures may vary to match the traffic flow, however, vehicles will
not be stopped on a discretionary basis. This does not preclude
allowing traffic to pass through the checkpoint to alleviate backups.

6. When approaching a vehicle, members shall utilize approved officer

safety techniques. Should no hazard exist, the operator shall be advised
of the purpose of the stop.

7. The motorist shall be requested to present his/her operator's license

card.

8. The initial contact should be firm, polite, and the driver should not be
unnecessarily delayed.

9. All Sheriff’s Office deputies have been trained in DUI detection,

screening and apprehension methods as well as techniques to use in
interviewing suspected violators of the law. In the event an offense is
suspected or identified, officers are expected to utilize the techniques
endorsed by the King William County Sheriff’s Office.
 POLICY & PROCEDURE SERIES #212 Page 4 of 7

ATTACHMENT 1
CHECKING DETAIL LOCATIONS

Listed below are the approved checking detail locations in the Town of Tappahannock.
All guidelines are to be followed as outlined in policy.

Site Number Location Approved Day Approved Night

1 Route Yes Yes
627/Firehouse
2 Marsh Street 200’ Yes Yes
east of Markham
Terrace
3 Route 627 and Yes Yes
Route 659
4 Route 360 and Yes Yes
Newbill Drive
(Bridge)
5 Daingerfield Street Yes No
and Cralle Avenue
6 Wright Street and Yes Yes
Della Street
7 Route 627 and Yes Yes
Davis Street
8 Route 627 and King Yes Yes
Street
9 Winston Road and Yes Yes
Old Creek Lake
Drive
10 Hobbs Hole Drive Yes Yes
and White Oak
Drive
11 Hobbs Hole Drive Yes Yes
and Holiday Inn
Express
12 Essex Street and Yes No
Cralle Avenue
13 Route 627 and Yes Yes
Commerce Road
14 Route 17and Essex No Yes
St
 POLICY & PROCEDURE SERIES #212 Page 5 of 7

ATTACHMENT 2

CHECKING DETAIL SITE PLAN

SITE # ______

County King William

Route(s)       Location      

Visibility Good

All vehicles will be screened unless a back-up of (1) more than      vehicles
occurs in any lane of travel or (2) vehicles back up more than      feet from the
designated checking point. The first alternate method will be to check every 3rd
vehicle. The second alternate method will be to check every 5th vehicle. If back-
ups continue, the operation will be terminated.

Law Enforcement Parking Space      

Violator Parking Available       Location      

Approved for Daylight Night Operations

Hazardous Characteristics None

Minimum Personnel Required to Operate      

Submitted By: SUPERVISOR

Sheriff Approval _____________________________ Date _____________

 POLICY & PROCEDURE SERIES #212 Page 6 of 7

ATTACHMENT 3

CHECKING DETAIL ORDER

TO: Deputy ___________________

SUBJECT: Checking Detail

You are assigned to conduct a Checking Detail at Site Number___________

on ________/________/________at________:________AM/PM (if no time is

included, contact a supervisor prior to beginning.

Please return this form with the checking detail statistical form.

If you are unable to conduct this Checking Detail on the assigned date, return

with explanation.

Officer(s)__________________________is/are authorized to assist

__________________________

__________________________

__________________________

__________________________

__________________________

_________________________
Supervisor

Explanation for not conducting Checking Detail

 POLICY & PROCEDURE SERIES #212 Page 7 of 7

Attachment 4

Checking Detail Statistical Reporting

Detail Date: __________________

Time Began: _______________ Time Ended: _____________

Site #: _________

Approving Supervisor: ___________________

Number of vehicles screened: _____________

Officers participating: _________________

_________________

_________________

_________________

Outside agencies participating: _____________________________

Number of Summons Issued: ________ Number of Criminal Arrests: _________

** Include copies of summons and/or warrants with report. **

 POLICY & PROCEDURE SERIES #213 PAGE 1 OF 3

SUBJECT EFFECTIVE DATE

7/1/2018
TIRE DEFLATION DEVICES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

To establish guidelines for the use of tire deflation devices by the department.

II. POLICY:

The use of tire deflation devices will be governed by sound professional

judgement and the procedures outlined in this policy. In determining whether the
utilization of a tire deflation device is appropriate, the officer should consider
referring to P&P #201, Use of Force.

III. PROCEDURES:

A. Before utilizing any tire deflation devices, sworn employees ensure all of
the following criteria has been met:

1. There is reasonable cause to believe the suspect has committed an

offense justifying the arrest of the suspect;

2. The sworn employee attempting to apprehend the suspect has

given notice of command to stop the suspect by both lights and
siren;

3. The suspect has ignored the efforts and warnings obvious and
visible to a reasonable person in the suspect’s position.

B. Officers have the discretion to deploy the device using sound judgement.
A supervisor shall be contacted as soon as possible after the device is
used.

C. Sworn employees involved in using the tire deflation device shall consider
the following prior to deployment:

1. Most effective location for the placement of the tire deflation

devices;
POLICY & PROCEDURE SERIES #213 Page 2 of 3

2. Deployment locations should have reasonably good field of vison to

enable the officer using the device to observe the pursuit and other
traffic as it approaches;

3. Deployment should not occur on:

a. Curves;

b. Bridges;

c. Or those locations where reasonable judgement under the

circumstances would dictate avoidance.

4. The officer deploying the tire deflation device should choose a

location with natural barriers such as guardrails and vegetation.
These barriers will conceal the officer from the suspect’s view and
allow the deployment of the device in a relative safe position.

5. Traffic, construction, special events, and/or activities may create

situations where the use of the device would be inappropriate.

6. Public safety, protection of private property and safety of any

assisting officer(s) must also be taken into consideration before
determining a location or the feasibility of use of the device.

D. Tire deflation devices should not be deployed to stop the following

vehicles unless continued movement of the suspect vehicle would result in
an increased hazard to others:

1. Any vehicle transporting hazardous or dangerous materials;

2. Any passenger bus transporting passengers;

3. Any school bus transporting students;

4. Any vehicle that would pose an unusual hazard to innocent parties;

5. Any two (2) wheel, three (3) wheel, or ATV (four wheeler) vehicles

E. Pursuing units should coordinate with the officer deploying the device in
order to ensure the safe and effective use of the devices.

1. When the decision is made to use the device, pursuing units will
notify the deploying officer as far in advance as possible of their
necessity of their use.
POLICY & PROCEDURE SERIES #213 Page 3 of 3

2. The officer deploying the device shall be in position at a

predetermined location in sufficient time for adequate and safe use.
The deploying officer shall notify the pursuing units once the device
is in place.

3. The device shall be deployed in accordance with the

manufacturer’s recommendations and training guidelines.

a. DO NOT ENGAGE IN PHYSICAL CONTACT WITH THE

DEVICE UNTIL THE PURSUED VEHICLE HAS MADE
CONTACT.

4. After deployment, all personnel at the scene should seek

protection.

5. The deploying officer is responsible for the retrieval and

repackaging of the device. The immediate area should be
searched for any spikes or points from the device that may have
become detached which pose possible damage to innocent parties.

F. TRAINING

1. Prior to the issuance and deployment of any tire deflation device,

the officer must be trained in its use according to the
manufacturer’s recommendation. Officers shall also be trained in
this policy and procedure before issuance of a tire deflation device.
Documentation of the training shall be made a part of the officers’
training file.

2. Refresher training on the device shall be conducted on an annual

basis in accordance with P&P 201, Use of Force.

G. REPORTING

1. The tire deflation device is considered a use of force and its use
shall therefore be documented on the department PD-115.
 POLICY & PROCEDURE SERIES # 215 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
RECRUIT/FTO TRAINING PROGRAM 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS TRN.01.01a-d
TRN.01.02a-g

I. POLICY:

The purpose of this policy is to establish the procedures, requirements, and duties
of FTO’s in the King William County Sheriff’s Office.

II. PURPOSE:

The Field Training Officer (FTO) program is an integral part of recruit officer training
in which the transition is made from the theory of classroom instruction to its
practical application. The most important element of this training is the FTO, who is
responsible for developing the recruit officer to their fullest potential. The selection,
training, and evaluation of the FTO are critical to the development of recruit officers.
All time frames referred to in this policy are intended as guidelines only. It is
understood that all recruits progress at different rates. Please refer to the FTO
Guidelines Manual for copies of all forms and training reports.

III. PROCEDURES:

A. Eligibility: (TRN.01.02b)

1. Candidates for the position of FTO must have a minimum of two

years of continuous service with the King William County Sheriff’s
Office

2. A letter of intent must be submitted to the Sheriff. This letter must

include the officer’s qualifications for the position of FTO.

3. Candidates must not have had any disciplinary actions within the
past two years.

B. Terms of Appointment:

1. Appointment as an FTO is not a promotion. Officers assigned as

FTOs may be reassigned at the discretion of the Sheriff.
POLICY & PROCEDURE SERIES #215 Page 2 of 5

2. FTOs must successfully complete an FTO school approved

by DCJS. (TRN.01.02d)

3. FTOs must, in addition to their regular duties, maintain the

required records on each recruit officer under their
supervision.

4. FTOs must:

a. Maintain all current certifications

b. Maintain a minimum of “Satisfactory” ratings in all areas of

evaluations, with overall ratings of more than Satisfactory.

C. FTOs wear the standard patrol officer uniform

D. Duties of FTOs:

The FTO has two primary sets of duties to fulfill: the FTO is responsible for
regular patrol activities, as well as training the recruit officer assigned to
him/her. With regard to the training responsibility, the FTO shall do the
following:

1. Provide on-going practical instruction for the recruit officer, utilizing

effective and innovative techniques.

2. Complete the Field Training Manual with each recruit assigned.

3. Submit Daily (DOR) and Weekly Observation Reports (WOR) of the

recruit officer’s performance, utilizing the department’s
Standardized Evaluation Guidelines.

4. The FTO shall review all DOR/WORs and submit a

recommendation prior to the recruit officer being released to
independent patrol.

5. Properly supervise the recruit officer’s demeanor, conduct, and

personal appearance.

6. Provide input relevant to the successful completion of the

probationary period for recruit officers.

7. Perform all other duties that may be required.

(TRN.01.02f, g)
POLICY & PROCEDURE SERIES #215 Page 3 of 5

E. Recruit Training

Recruit officer training is divided into three phases:

1. Pre-Academy Training: There is no formal performance training

during this stage. Instead, each recruit officer will be assigned
his/her Primary FTO to establish a relationship. This allows the
recruit someone with whom to contact and answer questions.

2. During the Academy: The Rappahannock Regional Criminal

Justice Academy of Criminal Justice provides recruit training for the
King William County Sheriff’s Office.

a. The regional academy maintains an ever changing

curriculum based on the most frequent assignments of
officers who have completed the recruit training.
(TRN.01.01a)

b. The regional academy conforms to the standards outlined in

the Criminal Justice Training Reference Manual, distributed
by the Department of Criminal Justice Services (DCJS).
These standards comply with the state training mandates for
police officers and all applicable legal requirements relevant
to the performance of those duties. (TRN.01.01c, d)

c. Lessons are taught in blocks of instruction and evaluation

techniques (testing and practical exercises) are used to
measure the competency in the required skills, knowledge
and abilities of each subject matter. (TRN.01.01b)

d. All officers recruit and state mandated training, will be

performed at this Basic Criminal Justice Academy and the
officer trainee will conform to, participate in, and successfully
complete the curriculum set forth by the training program at
the regional academy. This will be done prior to any routine
assignment in any capacity in which the officer is allowed to
carry a weapon and / or is in a position to make an arrest.
(TRN.01.01c, d)

3. Post-Academy Training: Upon successful completion of the

Academy, the new deputy begins to apply the knowledge and skills
learned in the academy to real world situations. Rotation of recruit
assignments to a different FTO will occur between each phase, if
possible.
POLICY & PROCEDURE SERIES #215 Page 4 of 5

(TRN.01.02e)

This phase of training involves direct supervision and is divided into

three segments:

Seg. 1: The first segment of this phase (seven work days) is the
assignment with the Primary Field Training Officer.
This will be the same individual with whom the Trainee
has been acquainted since the first day of employment.
During this segment, the FTO and Trainee must attain
two definite goals. First is the meeting and
documentation of all the objectives outlined in the DCJS
field training form. The second goal is starting to meet
and document all of the objectives in the Field Training
Manual. The Trainee cannot be released for
independent patrol without the completion of all the
objectives.

Seg. 2: Segment two will last seven work days. Each segment
should be directed at elements not yet experienced by
the Trainee. The pace at which the Trainee progresses
will determine the training plan to complete the
mandated objectives as set forth by DCJS. Upon
completion, the Trainee will have experienced and/or
completed all or nearly all of the objectives in the Field
Training Manual. During this segment, the FTO will
observe trainee performance as a method of evaluating
readiness for independent patrol. The FTO will
determine when and if the Trainee is prepared to
function alone in the patrol environment.

Seg. 3: The final segment (seven work days) of the direct

supervision phase of field training is OPTIONAL. It shall
be used for remediation or extension if needed.
(TRN.01.02a)

4. Officers, certified as Law Enforcement Officers of the Commonwealth

of Virginia when hired, that are not required to attend the basic
police academy, will be required to complete the Field Training
Program prior to any solo assignment. The program for currently
certified officers will be modified based on the officers experience.
POLICY & PROCEDURE SERIES #215 Page 5 of 5

5. Upon successful completion of the Field Training Program, the

probationary officer will be assigned to a shift by the Sheriff or his
designee. At this time, the new deputy will have reached a level of
proficiency that he/she can function independently.

F. Utilization of FTOs:

1. Recruit officers should be assigned to their Primary FTO as

soon as the recruit begins the Criminal Justice Academy.

2. The FTO and his/her recruit officer will respond to calls as a

single unit until the recruit is released to independent patrol.
The FTO shall inform dispatch when this occurs.

3. Recruit officers shall not be assigned additional duties

without their FTOs during the training period, unless
approved by the FTO coordinator.

4. During any extended absence from the FTO, recruit officers

are assigned to another available FTO or a senior officer
until the FTO returns to duty.

G. Duties of FTO Coordinator: (The Sheriff or his designee shall serve as the
FTO Coordinator.)

1. Coordinate all FTO activities

2. Review all recruit officer field training on a continuous basis

and modify where appropriate.

3. The FTO Coordinator or his/her designee shall maintain

liaison with the Criminal Justice Academy Staff.

4. Maintain liaison with the department training officer for

records compliance.

5. Supervise the activities of the FTO. (TRN.01.02c)

 POLICY & PROCEDURE SERIES # 216 PAGE 1 OF 8
SUBJECT EFFECTIVE DATE
CUSTODY AND TRANSPORT OF 7/1/2018
PRISONERS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.08.01 a-e
OPR.08.02 a-c
OPR.08.03 a-c
OPR.08.04 a-c
OPR.08.05 a-c
OPR.08.06 a-c
OPR.08.07 a-b
OPR.08.08 a-b

I. PURPOSE

The purpose of this policy is to establish procedures to ensure that prisoners are
transported safely.

II. POLICY:

When transporting a prisoner, it is policy of the King William County Sheriff’s Office
for officers to ensure the safety of the prisoner, the public and themselves as well as
limit opportunities for escape.

III. PROCEDURE

A. Vehicle Search

1. Officers will conduct an inspection of police vehicles prior to beginning a

tour of duty.

2. Before transporting a prisoner, the police vehicle will be searched to

ensure that no weapons or contraband are available to the prisoner.

3. After transporting a prisoner, the police vehicle will be searched again to

ensure that the prisoner did not hide contraband or other evidence in the
vehicle. (OPR.08.01c)

B. Prisoner Search

1. The transporting officer shall always search a prisoner before placing

him/her into vehicle. Officers must not assume that a prisoner does not
POLICY & PROCEDURE SERIES #216 Page 2 of 9

possess a weapon or contraband or that someone else has already

searched the prisoner. The prisoner shall be searched each time he/she
comes into the custody of transporting officer.

2. When searching a prisoner, it is preferred that an officer of the same sex

as the prisoner conduct the search. For example, a female prisoner can
be restrained until such time as a female officer is available to conduct
the search; however, if this is not practical, officers should use their best
judgment and should consider the following guidelines. (OPR.08.01d)

a. Have another officer present to witness the search.

b. Have prisoner remove outer garments (e.g., coat, jacket,

sweater, purse, etc.) and search garments.

c. Handcuff prisoner with his/her hands behind the back before

conducting the search.

d. Look for abnormal protrusions of the clothing.

e. Use the backside and edge of the hand to conduct the search,
and should do so in the least intrusive manner.

C. Restraining Devices

1. Handcuffs

a. Every prisoner should be handcuffed to ensure the safety of

the prisoner, officers, or other persons who may come in
contact with the prisoner during the transport.

b. Juveniles shall not be handcuffed to adults and males shall not

be handcuffed to females.

c. Use only the type of handcuffs or other restraining devices

authorized by the Department. (OPR.08.01a)

d. When a prisoner must be restrained during the transport, the

following procedures shall be followed:

(1) The prisoner should be handcuffed with both hands

behind the back. The prisoner may be handcuffed in
the front with the use of a belly chain or if it physically
necessary.
POLICY & PROCEDURE SERIES #216 Page 3 of 9

(2) Leg and waist belt restraints may be used in order to

minimize the risk of injury or escape.
(3) A prisoner is not to be handcuffed to any part of the
transport vehicle (door post, protective shield, etc).

e. When a prisoner is handcuffed, use of the double lock will help

ensure prisoner and officer safety. Double locking reduces the
chance of the lock being picked or the cuff mechanism being
moved in either direction.

D. Positioning of a Prisoner during Transport

1. For safety reasons, a prisoner should be kept under observation

and/or behind a protective safety shield at all times. Opportunities for
escape or attack of the transporting officer must be reduced as much
as possible.

2. Whenever possible a prisoner shall be transported in a vehicle with a

protective safety shield. If the vehicle is equipped with a safety shield,
the prisoner will be transported behind the shield in the rear seat.

3. When transporting a prisoner in a one (1) officer vehicle without a

safety shield, the prisoner should be placed in the front passenger
seat, handcuffed behind the back and secured with the seatbelt.

4. When one officer is transporting one prisoner in a vehicle equipped

with a safety barrier, the prisoner will be positioned on the right rear
seat opposite the driver. The prisoner shall be seat belted in unless
prisoner is so disorderly that it becomes an officer safety issue to
attempt to fasten the seat belt. (OPR.08.01b)

E. Control of a Prisoner During Transport

1. When transporting a prisoner, maintain observation or control of the

prisoner at all times, even when it becomes necessary to allow the
prisoner the use of toilet facilities. In a situation where observation is
not possible (the prisoner is of the opposite sex), ensure as much
control of the situation as possible.

a. The prisoner should not be allowed in the facility with another

person.

b. Ensure that there are no escape routes within the facility.

POLICY & PROCEDURE SERIES #216 Page 4 of 9

c. Ensure that weapons are not available to the prisoner.

2. In some instances, (e.g. extraditions) it may become necessary to

have a meal during transportation of a prisoner, chose an unfamiliar
place. This minimizes the chance of a prearranged plan for someone
to attempt a release of the prisoner.

3. The transporting officer’s primary duty is to safely deliver the prisoner

to a predetermined destination; however, other law enforcement
services may be provided in the following circumstances:

a. Providing assistance to injured persons until support units

arrive.

b. Providing assistance in an “accident with injury”, where life

threatening conditions require immediate attention.

c. Providing assistance when a crime is in progress and there is

an immediate need, because of safety reasons, that the
suspect be apprehended.

d. Providing assistance to another officer when requested for a

serious situation.

e. In the above situations, the transporting officer will not exceed

posted speed limits and will ensure that the prisoner is
secured and protected at all times.

f. Whenever possible, supervisory notification will be made prior

to responding to the above situations.

g. An officer will not engage in a pursuit while transporting a

prisoner.

F. Escape of Prisoner (OPR.08.08a-b)

1. In the event a prisoner escapes while being transported, the

transporting officer will use the following procedures:

a. Immediately notify an on- duty supervisor and Dispatch.

Provide the location of the escape and a description of the
escapee.
POLICY & PROCEDURE SERIES #216 Page 5 of 9

b. Request assistance immediately from the jurisdiction the

officer is in at the time of the escape.

c. Attempt to recapture the escapee as soon as possible.

d. The transporting officer will submit a written report to the

Sheriff as soon as he/she returns to the department,
explaining the circumstances of the escape.

G. Prisoner Communication

The transporting officer will not allow a prisoner to communicate with another
person while in transit unless the situation requires the communication. The
officer shall use his/her judgment when deciding whether to allow a
conversation to take place between a prisoner and another party.

H. Arrival at Destination

1. Upon arrival at the Jail or other facility, adhere to the procedures of

the facility as well as the following:

a. Prior to escorting a prisoner from the sally port into the jail, all
weapons will be secured in the weapons lock boxes in the jail
sally port or secured in the trunk of the patrol car.

b. Restraining devices shall be removed only when directed to do

so by the receiving facility or when the officer is sure that the
prisoner is properly controlled and secure.

c. The proper paperwork shall be submitted to the proper person

at the receiving facility and, in situations that require it, the
officer shall ensure that proper signatures are obtained on
paperwork to be returned to the department.

I. Transporting a Prisoner of the Opposite Sex or a Juvenile (OPR.08.07a-b)

1. When transporting a prisoner of the opposite sex, the transporting

officer may request the assistance of an additional officer during
transport.

2. When it is impractical to use a second officer in transporting a

prisoner of the opposite sex, or when transporting a juvenile, the
transporting officer will, at a minimum:
POLICY & PROCEDURE SERIES #216 Page 6 of 9

a. Contact Dispatch by radio to ensure the time and odometer

mileage are recorded at the start of the transport.

b. Proceed directly to the destination by using the shortest most

practical route.

c. Upon arrival at the destination, contact Dispatch by radio to

ensure the time and odometer mileage are recorded at the end
of the transport.

J. Transporting a Handicapped Prisoner (OPR.08.05a-b)

1. When transporting a handicapped prisoner, the transporting officer

shall request assistance, if needed, to ensure the transport is
completed conveniently, comfortably and safely for the prisoner as
well as the transporting officer. The transporting officer shall take into
consideration the type of handicap to determine if a special vehicle
will be required to make the transport. For example, an emergency
medical service ambulance may be used for non-ambulatory
prisoners.

2. The transporting officer shall take whatever special equipment

(wheelchairs, crutches, prosthetic appliances, etc.) or medicine
necessary for the prisoner.

3. The transporting officer must use common sense in the use of

restraints when transporting a handicapped prisoner. If the handicap
is such that no danger of escape or injury to the prisoner or officer
exists, then restraining devices may be inappropriate.

K. Injured/sick prisoner: (OPR.08.04a-b)

a. At any time before, during, or after the arrest the prisoner is

injured or becomes sick, the officer shall seek medical
attention immediately. Prompt medical attention shall be
obtained before transporting the prisoner to the jail if the
injury/sickness happens before arrival there. A supervisor
shall be notified.

b. The transporting officer must use the same discretion as

previously explained in using restraining devices on a sick or
POLICY & PROCEDURE SERIES #216 Page 7 of 9

injured prisoners. If a prisoner is injured or sick enough to be

incapacitated restraining devices may not be appropriate.

c. Special precautions shall be observed when transporting

prisoners suspected of carrying communicable diseases (see
P&P 228, Communicable Diseases). Appropriate notification
shall be made to jail medical personnel, and the supervisor.
(OPR.08.06 a-
c)

L Mentally ill prisoner (OPR.08.03 a-c)

a. Mentally ill prisoners can provide unique challenges during

transport. Dispatch should be notified of beginning mileage,
location of departure and destination. The transporting officer
should maintain a calm demeanor. The transport officer shall
notify a supervisor prior to transporting a mentally ill prisoner.

b. The transporting officer must use discretion in the use of

restraining devices. Some mentally ill subjects react in an
extreme fashion to being restrained. The transporting officer
should remain vigilant when transporting a mentally ill
prisoner.

c. Officers should follow all transfer and paperwork procedures

when transferring a mentally ill prisoner at a mental
health/evaluation facility.

M. Medical Facilities

When a prisoner is transported to a medical facility and is admitted by the

attending physician, the officer shall immediately notify the supervisor.
The supervisor in turn shall observe the following procedures to ensure
control of the prisoner.

a. Have the prisoner released from police custody, if appropriate,

by contacting and seeking advice from the Commonwealth’s
Attorney and the magistrate.

b. If the prisoner has to remain in custody, the medical facility

shall be requested to put the prisoner in as secure a private
room as possible.
POLICY & PROCEDURE SERIES #216 Page 8 of 9

c. The prisoner shall be kept under observation at all times and,

normally, restraining devices shall be used. Officers shall
consult with medical personnel concerning use of restraining
devices. (OPR.08.02b)

d. The supervisor shall be notified of the situation as soon as

practicable and will schedule officers for guard duty.

(OPR.08.02a)

e. The supervisor shall brief every officer on restrictions and

duties of guard duty and shall ensure that guards have radios
or other communication equipment.

f. The supervisor shall ensure that guards are checked

periodically and relieved as necessary.

N. Documentation

1. Prisoner identification:

When picking up a prisoner for transport at a detention facility, the

transporting officer shall ensure that he has the correct person. This
can be accomplished by:

a. Officer’s personal knowledge of the prisoner.

b. Requesting verification by the jail custodian of the prisoner’s

identity

2. Any time a prisoner is transported, the transporting officer shall

document the following: identification of the prisoner; type of paper
(warrant, TDO, capias, etc.); any special circumstances such as
illness/injury of the prisoner, handicap, mental health status,
communicable diseases; escape, etc.; beginning and ending mileage;
start and end locations; and notification of a supervisor. Appropriate
paperwork with the receiving facility should also be included.
(OPR.08.01e)
(OPR.08.02c)
(OPR.08.03c)
(OPR08.04c)
(OPR.08.05c)
(OPR.08.06c)
POLICY & PROCEDURE SERIES #216 Page 9 of 9
 POLICY & PROCEDURE SERIES #217 PAGE 1 OF 7
SUBJECT EFFECTIVE DATE
HOLDING AREAS AND INTERVIEW 7/1/2018
ROOMS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.10.01a-e
OPR.10.02
OPR.14.01a-g

I. POLICY:

It is the policy of the King William County Sheriff’s Office to provide a secure and
safe court holding facility for those individuals awaiting court, being transferred to
other states or local facilities, or being detained in interview rooms. These
holding areas are located in the King William Courthouse Complex. Access is
restricted to authorized personnel.

II. PURPOSE:

The purpose of this Standard Operating Procedure is to establish procedures for

the management, operation, maintenance, and security of the holding facility/cells
and/or interview areas within the control of members of the Sheriff’s Office.

III. PROCEDURES:

A. Responsibilities:

The chief deputy is responsible for the management, training for, and
operation of the court/courthouse holding facility and cells. The chief
deputy shall assure that all personnel involved receive training in the
operation of the holding/lockup/courthouse holding facilities.
(OPR.10.01a)

The deputies assigned to Court Services shall, but are not limited to, carry
out the following duties.
POLICY & PROCEDURE SERIES #217 Page 2 of 7

1. Inspecting prior to the receiving and securing of prisoners in the

court holding area for contraband, health hazards, and condition of
security or other equipment.

2. Documenting prisoner movement and unusual events occurring

within the holding area.

3. Controlling the use of audio/visual equipment to protect the privacy

of the individual detained.

4. Assuring that females and juveniles are kept separate from males
while in the court holding facilities.

5. Reporting to a supervisor verbally and/or preferably in writing any

unsafe situations or unusual occurrences.

B. Physical Plan:

1. Sufficient air, lighting, and sanitary facilities will be provided for

prisoners held in the courtroom temporary holding cells. All cells in the
holding area are to be equipped with a toilet, washbasin, and drinking
water.

2. The courthouse holding cell facility will be inspected by a deputy

assigned to the courts at least weekly to ensure that cleanliness
standards have been met and that the courthouse temporary holding
cell is free of pests and vermin. This inspection will be documented on
the courthouse check sheet.

C. Safety and Sanitation:

1. Fire Prevention Practices and Procedures:

The Court Security Staff will follow fire prevention practices and
procedures. The facility's automatic fire alarm, sprinklers, heat, and the
Fire Marshal or his designee will inspect smoke detection system
annually, and a report provided.

a. Fire Equipment Inspection:

Fire equipment will be routinely inspected to ensure compliance

with all applicable fire safety standards.

b. When inspections are done and there is a determination that

vermin and pest control are needed, the chief deputy will complete
POLICY & PROCEDURE SERIES #217 Page 3 of 7

a maintenance request form and forward it to the county staff, who

will schedule the pest control service.

D. Security:

1. All weapons will be properly secured prior of entering holding

area. (OPR.10.01b)

2. If at all possible, the deputy will not enter the holding area (cell).
In the event the deputy has to enter the holding area (cell), he or
she will call for backup. Prisoners will be called out of the
holding area.

3. Prior to moving prisoners in or out of holding area, the deputies

will solicit the attention of the other courtroom deputy. The
dispatchers will also monitor the activity in the holding area by
the audio and video system.

4. All keys will be kept safe, away from the grasp of prisoners.
Deputies will account for their keys upon leaving the holding
area.
(OPR.10.01c)

5. A physical security check of each detainee in the custody of any

member of the King William Sheriff’s Office will occur at least
every 30-minutes. This check shall be noted on a form in the
holding area. (OPR.10.01e)

6. All prisoners will be searched prior to being placed in a holding

cell or interview room. All searches will be consistent with Policy
& Procedure #216 (OPR.10.01d)

7. All prisoners transported into the courthouse holding area will be

restrained with leg restraints, waist to handcuff restraint and
handcuffs. The prisoners will remain in the holding area,
restrained in at least leg restraints until they are called into
court. There will be certain instances when a prisoner shall be
left in full restraints until called into court. They will be
unrestrained only after exiting the holding cell and the cell is
secure. After a prisoner leaves the courtroom, he or she will be
placed back in the restraints. The prisoners will be transported
back to jail in the full restraints.

8. All prisoner papers and records will be kept safe and away from
unauthorized disclosure at all times while in the custody of
members of the King William Sheriff’s Office. Any member of
POLICY & PROCEDURE SERIES #217 Page 4 of 7

the King William Sheriff’s Office who has custody of any

prisoner’s paperwork or records shall maintain said information
in a safe and secure manner within the respective court area.
This is to ensure that any prisoner paperwork or records cannot
be disclosed, removed or read by any unauthorized personnel.
Only designated members of the King William Sheriff’s Office or
court staff shall have access to the designated inmate records.

E. Release of Prisoners:

1. Prisoners transported from the jail for court and whose release is ordered by
the court will be returned to the jail for release.

a. It is the current policy of the courts that all inmate releases shall take
place upon the return of the inmate to the jail facility. The courts order
that the prisoner be return to the jail to be processed out.

b. If the prisoner is released, then the release verification for that prisoner
will be forwarded to the jail by the transportation deputy, upon the return
of the inmate. The court will forward the proper paperwork to the jail and
the records section for initiation of the release process.

c. All prisoners will be positively identified prior to their release. The

transporting deputy will, upon picking the prisoners up from the jail,
inspect all prisoner wristbands or other forms of prisoner identification, for
damage, stretch or pull marks, if applicable. Upon arrival at the
courthouse holding area, the deputy responsible for the holding area will
again check the identification bands etc.... Upon returning prisoners to jail
identification will be again examined.

d. The release of property not in custody of members of the King William

Sheriff’s Office will be the responsibility of the Middle Peninsula Regional
Security Center.

F. Medical and Health Care Services:

1. Medical Assistance
a. Emergency Assistance:

Prisoners in the courtroom’s holding facility will be provided

emergency medical assistance if needed. The court deputy will
notify Communications of any emergencies involving prisoners
transported from the court holding cells.

b. Non-Emergency Medical Assistance:

POLICY & PROCEDURE SERIES #217 Page 5 of 7

Prisoners in courtroom’s holding cells who require care for non-life

threatening conditions will be removed to the jail, if possible. The
deputy assigned to the courthouse will notify a supervisor of the
situation. The supervisor will make a determination as to the
necessity for early transport to the jail for examination by the
medical service provider or for transport by the medical services
provider.

c. If a transport to the jail or a hospital is deemed to be unnecessary,

the deputy assigned to courthouse security will document the same
with a memo to the Middle Peninsula Regional Security Center.
Deputies will make a security check at least once every 30-minutes.

d. The Court Services Staff will notify the jail supervisor so that
medical care, if necessary, can be provided upon the prisoner’s
arrival at the jail.

e. All reported injury incidents concerning a prisoner will be assigned

an incident and report number through CAD system. The deputy
that placed the inmate in custody or is transporting the inmate will
write an incident report.

G. Interview Rooms:

The investigators shall oversee the general condition of the interview rooms. The
investigators will regularly inspect the rooms for weapons, needed repairs,
furniture problems, etc.

With the exception of the attorney interview room, the interview rooms cannot be
secured and prisoners/detainees must be monitored at all times. (OPR.14.01a)

King William Sheriff’s Office personnel control access to the interview

rooms/recording equipment. (OPR.14.01f)

In Custody interviews-

1. No prisoner will be left unattended in an interview room unless the

prisoner is being watched by video. Deputies or other law enforcement
personnel stationed outside the interview room must be able to intervene
on behalf of the person or agency immediately as needed.
(OPR.14.01b)

2. No deputy will interview a prisoner or known suspect in an interview area

or holding area while the deputy is armed. All weapons will be secured
POLICY & PROCEDURE SERIES #217 Page 6 of 7

prior to entering the interview area.

(OPR.14.01e)

3. In the event a prisoner needs to be unrestrained during an interview, there

will be a backup deputy observing the interview.

4. No prisoner will enter the interview area unless searched prior to entering
the area and the area will be searched at the completion of the interview.
(OPR.14.01d)

5. When deputies are interviewing a prisoner alone, the prisoner will be

restrained, handcuffed either from behind, or with a waist to handcuff
restraint, unless a supervisor has approved restraint removal.

Non-custodial interviews-

1. Interviews in the Sheriff’s Office shall be conducted in one of two locations

the Magistrates office or interview room.

2. These rooms shall be searched before and after every interview.

The search shall be for any contraband, weapons and other items
that may be unsafe or detract from the interview process.

3. The deputy or other law enforcement personnel must be stationed

in close proximity to the interview room at all times when there is no
law enforcement officer in the room, or observing the individual via
video.

4. The individual being interviewed may be searched at the deputy’s

discretion which is dependent upon the type of interview and the
association of the individual to the situation. (OPR.14.01c)

H. Attorney Interview Room

1. The attorney interview room is used by attorneys to confer with their

clients either prior to or after a court hearing. A block wall equipped with a
shatterproof window and microphones that keep the two parties separate
separates these rooms.

2. The court officer who is working in the holding cell area controls this
room. An officer puts detainees/clients in the interview room from the
controlled area of the holding area. The door is locked behind them and
they cannot exit until the officer opens the door to remove them. The
attorneys are allowed to enter from the other side by an officer. An officer
will not leave the area of the interview room until the detainee/client is
removed and either transported to the courtroom or placed back in a
POLICY & PROCEDURE SERIES #217 Page 7 of 7

holding cell. The officer can visually check the detainee/client by a

window installed in the door on each side of the room.

3. The court security officers search these rooms prior to each interview.

4. Since detainees/clients are searched after leaving the courtroom and

before entering the holding cell no further search is needed before
entering the interview room since they are in a controlled area that has
been searched before court opened.

5. Officer’s weapons are locked in gun boxes either in the sally port or the
closet in the hall outside the controlled area.

I. Escape: (OPR.10.02)
See P&P 221 for information regarding escapes, P&P 221 guidelines apply.

J. Training:

Each deputy using the interview rooms shall be trained in this policy and in the
use of the room and its attributes.
(OPR.14.01g)
 POLICY & PROCEDURE SERIES # 219 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
FIELD CONTACTS AND NON- 7/1/2018
REPORTABLE OFFENSES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.02f

I. POLICY:

To establish policy and procedures for conducting field interviews and an

accompanying frisk for weapons, and procedures for documenting non-reportable
incidents.

II. PURPOSE:

The department expects and encourages officers to conduct field interviews. A

field interview is a lawful stop of a citizen for investigative purposes. Officers shall
document stops for the purposes of identifying a suspect, witness, or victim, or for
crime prevention, intelligence gathering, or community relations. The department
further expects officers to gather information with proper observance of
constitutional safeguards. Strict constitutional guidelines exist that protect both the
civil rights of citizens and the rights of officers to obtain information crucial to the
reduction and prevention of crime. Further, field interviews frequently contribute to
the building of a reasonable suspicion or even probable cause to arrest or conduct
a search. The only restricted search that normally accompanies field interviews,
the frisk or pat-down, may be performed when the officer suspects the presence of
a weapon.

III. DEFINITIONS:

A. Making the field contact; conducting the interview

1. Officers may make field contacts when they reasonably believe that
some investigative inquiry is warranted. The Supreme Court stated,
in Terry v. Ohio, that an officer "may in appropriate circumstances
and in an appropriate manner approach a person for the purposes of
investigating possible criminal behavior even though there is not
probable cause to make an arrest."

2. A field interview, therefore, requires voluntary cooperation from the

citizen. In the absence of probable cause to arrest, the citizen may
discontinue the interview at any time and leave. The citizen may also
POLICY & PROCEDURE SERIES #219 Page 2 of 7

refuse to produce identification or otherwise identify himself/herself.

A distinction is drawn herein between a field interview or contact
(which is made to resolve an ambiguous situation) and a stop (or a
brief detention of a person because of suspected criminal behavior).

3. Officers must be able to articulate the circumstances that warranted

the stop of the citizen. The circumstances constitute the officers'
reasonable suspicion. In court--should a field interview result in an
arrest--an officer must justify his/her intrusion by describing "specific
and articulable facts which, taken together with rational inferences
from those facts, reasonably warrant that intrusion." Articulable
circumstances derive from:

a. firsthand observations;

b. hearsay, as from informants;

c. "collective knowledge" or information shared by several

officers (example: An officer may make an arrest or conduct a
search at the request of another agency without knowing all of
the facts which prompted the request.);

d. totality of facts and circumstances. The department

encourages officers to question persons whose behavior,
conduct, or mere presence at a particular place and time does
not match the officer's notion of what is appropriate for the
place and time.

B. Field interviews and field interview contacts serve as:

1. A source of information.

The field inquiry is based on the principle that the opportunity

to apprehend criminals and to prevent crime increases with
the number and frequency of persons interviewed. One way
an officer can increase his skill as an observer is to obtain
information from persons living or working within his patrol
area.

2. A means of identifying the suspect.

An on-view arrest is not always based upon the immediate

recognition of a wanted criminal. Frequently, it is the
outgrowth of the action taken by a police officer who stops to
question a person who has aroused his suspicions.
Information obtained during a field contact may also be used
POLICY & PROCEDURE SERIES #219 Page 3 of 7

at a later date to identify a criminal.

3. A means of obtaining suspects or witnesses.

The value of reported field inquiries becomes very pronounced

when a crime is committed and there are but a few
investigative leads. The investigator must then rely on the
field interview reports to sift out useful information. A review of
these reports will show if anyone had been questioned in the
vicinity at the approximate time of the crime.

C. Place of the interview

1. As a general rule, field interviews may be conducted anywhere

the officer has right to be, including:

a. county-owned or controlled property normally open to

members of the public;

b. areas intended for public use or normally exposed to

public view;

c. places to which an officer has been admitted with the

consent of the person empowered to give such
consent;

d. places where circumstances require an immediate law

enforcement presence to protect life, well-being or
property;

e. areas where an officer may be admitted pursuant to a

lawful arrest or search warrant;

f. any other area in which an officer may effect a

warrantless arrest.

2. Field contacts shall not be done to coerce a person to leave

an area or place where he or she has a legitimate right to be
and no violation of law has occurred.

D. Conduct of interviews

1. As noted above, a person interviewed by the officer may

discontinue the interview at any time. Further details of frisk
requirements are found under Section IV of this instruction.
To repeat, during a routine field interview, persons shall not be
POLICY & PROCEDURE SERIES #219 Page 4 of 7

detained in any manner against their will, nor shall they be

required to answer questions or respond in any manner if they
choose not to do so. The fine line drawn between a field
contact and a stop and frisk must be strictly observed to avoid
accusations of harassment. Since the distinction between a
"contact" and a "stop" depends to a great extent on whether,
under the circumstances, the citizen perceives that he or she
is free to leave, officers shall comply with the following
guidelines:

a. All requests during the contact should be phrased with

neutral or optional words, such as "may," "can," etc.

b. Abrupt, short responses which could be misunderstood

and requests which could be misinterpreted as
commands must be avoided.

c. The duration of a contact should be as brief as

possible.

2. The success or failure in obtaining information beneficial to

crime analysis and criminal investigation will depend upon an
officer's ability to put citizens at ease and establish a rapport.
However, during a field contact, if the person should ask
whether he must respond, or indicate that he feels compelled
to respond, the officer shall immediately inform him (or her) of
the right to refuse, as well as the right to leave. Where citizens
refuse or cease to cooperate during a contact, the refusal itself
cannot be used as the basis for escalating the encounter into
a stop and frisk.

IV. STOP AND FRISK OR INVESTIGATIVE DETENTION: (ADM.02.02f)

A. The legal authority to stop and frisk is defined by Virginia Code as a

temporary detention of a person to investigate suspected criminal activity is
controlled by the Fourth Amendment.

B. Investigative detention involves two distinct acts: (1) the stop and (2) the
frisk.

C. Stop - The detention of a subject for a brief period of time. In order to make
the stop, the officer must have reasonable suspicion to believe that criminal
activity is afoot and that the person to be stopped is involved. The courts
have ruled that the following factors may be considered in building a
reasonable suspicion.
POLICY & PROCEDURE SERIES #219 Page 5 of 7

1. Officer has knowledge that person has a felony record.

2. A person fits the description of a wanted notice.

3. A person has exhibited furtive conduct, such as fleeing from the

presence of an officer or attempting to conceal an object from the
officer's view.

4. Clothing worn by a person is similar to description given in a lookout

for a known offense.

5. The officer observes a vehicle that is similar to that of a broadcast

description for a known offense.

6. A person exhibits unusual behavior, such as staggering or appearing

to be in need of medical attention.

7. The area and time of day, such as a person observed in a public area
with a history of recurring crime during the same time as that of the
stop.

8. Hearsay information is acceptable. In order for the information to be

credible, the officer must have some means to gauge the reliability of
the informant's knowledge.

D. Frisk- Should the officer reasonably believe that the person stopped intends
to do him/her bodily harm or is carrying a concealed weapon, the officer may
conduct a limited search of the person's outer clothing for weapons. The
courts have held that, in the case where the subject was wearing a heavy
overcoat, the officer was proper in having the subject remove the coat so
that he may be patted down.

E. Protective search.

Under some conditions, the protective search, the search for weapons, may
be extended beyond the person detained. Such a search occurs most often
involving vehicles. A lawful protective search for weapons, which extends to
an area beyond the person in the absence of probable cause to arrest, must
have all of the following elements present:

1. A lawful investigative stop as defined herein or a lawful vehicle stop.

2. A reasonable belief that the suspect poses a danger.

POLICY & PROCEDURE SERIES #219 Page 6 of 7

3. The search must be limited to those areas in which a weapon may be

placed or hidden.

4. The search must be limited to an area which would ensure that there
are no weapons within the subject's immediate grasp.

F. Period of detention.

Investigative detention--as with non-criminal field interviews--must be

conducted as briefly as possible. Once the detaining officer determines that
his/her basis for reasonable suspicion no longer exists, the person detained
shall be immediately released. Should the suspicion be reinforced with
additional information or the officer develops probable cause, the period of
detention could be lengthened. The courts generally permit up to 20
minutes to constitute a reasonable period of time for the interview.

G. Recording the stop.

1. Field interview contact information will be completed for each person

an officer stops for an interview.

2. Field interview contact information may be logged in the CAD system

on a subject who is stopped for a traffic violation if the situation
warrants, according to the officer's judgment.

3. Field interview contact information may also be used to document

field observations. In these instances, the officer shall fill out as
completely as possible, using prior knowledge and current
observations of the person or vehicle. This will eliminate the
necessity of asking the dispatcher to log people or vehicles at specific
locations. Examples of instances when the field observation contact
documentation shall be used include, but are not limited to, the
following:

a. An officer stops a person for the purpose of conducting a field

interview who refuses to give the officer any information and
the officer has no reasonable cause to pursue the matter
further.

b. An officer wishes to make note of a person in a specific place

at a certain time, and the officer has completed a field
interview contact on the same person on another occasion.

4. Field interview contact information will be maintained in the RMS.

The information from the interview shall remain available for the use
 POLICY & PROCEDURE SERIES #219 Page 7 of 7

of all officers.

H. Documentation of Non-Reportable Offenses.

1. Incidents/calls for service that do not require a field interview or IBR

shall be documented on the department CAD system as a call for
service.

2. Calls for service will be maintained in the RMS for use by any officer.
 POLICY & PROCEDURE SERIES # 220 PAGE 1 OF 18
SUBJECT EFFECTIVE DATE
SEARCH AND SEIZURE 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.02d, e

I. PURPOSE:

To specify the guidelines under which searches may be conducted by police

officers.

II. POLICY:

When any police officer seizes items or goods that may be introduced into
evidence, the trial court will make inquiry into the legality of the manner in
which this evidence was obtained. The acceptance of the evidence by the
court will depend on whether the officer has followed the constitutional and
statutory procedures for searches and seizures. The officers in the
department will follow guidelines laid out under the United States
Constitution and the Virginia Constitution.

III. PROCEDURE:

A. The principal guidelines for conduct of a search are found in the

fourth amendment of the United States constitution and Section 10
of the Virginia constitution. The fourth amendment guarantees the
right for people to be free from any unreasonable search and
seizure of the homes, persons and things and enumerates the
requirements of the issuance of a search warrant. The U.S.
Supreme Court is continuously interpreting the Fourth Amendment
as it applies to police conduct. Illegally seized items of evidence
will not be admitted in court and may become the cause for a lost
criminal case.

B. The greatest impact on the conduct of reasonable searches came in

1961 with the United States Supreme Court’s review of Mapp V.
Ohio, 367 US 643 in which it held that:

1. The State Courts, in order to be consistent with the 4 th and 14th

amendments, could no longer admit evidence which was
directly or indirectly the result of unreasonable searches.

2. The decision excluded from admissibility evidence obtained

POLICY & PROCEDURE SERIES #220 Page 2 of 19

in connection with any unlawful search and seizure. The

Mapp decision also established the federal standards to be
used to judge the legality of a search. Since its decision, the
Supreme Court has consistently reaffirmed this principle by
reversing convictions because of use of evidence that may
have been admissible under state law but was illegal by
federal standards. This is not to say that the federal statutes
totally replace the state statutes. The court was clear to
point out that the opinion of the Mapp case does not prevent
the states from devising their own rules as long as these
standards are compatible with the 4th amendment.

C. The courts have held that searches may be carried out solely under
the following conditions:

1. With a search warrant that conforms to the requirements of

the Fourth amendment (ADM.02.02d)

2. As incidental to an arrest.

3. Without a search warrant, but with the consent of the person

to be searched or the proprietor of the premises to be
searched. (See Section VIII. of this P&P)

4. Emergency searches (See section V. of this P&P)

5. Plain view. (See section VII. of this P&P)

6. Abandoned property and open fields (See section VI. of this

P&P)

7. Inventory searches of vehicles (See section IX. of this

P&P)

8. Pat-downs (stop and frisk) of suspicious persons.

(See P&P)

D. An unreasonable search or seizure may result in any one of several legal

ramifications:

1. All items obtained either directly or indirectly are excluded

from use in court.

2. All items unlawfully obtained must be returned to the person

from whom seized unless they are clearly contraband in
which he/she has no lawful right to possession.
POLICY & PROCEDURE SERIES #220 Page 3 of 19

3. Illegally obtained evidence is grounds for case appeals, writs

of Habeas Corpus, and writs of Certiorari.

4. Civil suit may be forthcoming against the police officer(s)

involved under the Civil Rights Act. (Section 19.2-59, Code of
Virginia, provides for both civil and criminal actions against an
officer who makes an illegal search and seizure.)

IV. SEARCH WARRANTS

A. Police action is termed a search where:

1. There is a “prying into hidden places by the police officer”

2. The person whose premises or person being searched has a

reasonable expectation of privacy.

B. While both the United States Constitution and Section 10 of the

Virginia Constitution expressly forbid the use of “General Warrants,” a
search by a warrant is authorized, provided that police can show a
magistrate a substantial reason for the issuance of such warrant. A
mere belief or suspicion that evidence may be hidden or kept on the
premises is not enough. A search warrant can only be issued upon
making of an affidavit supported by an oath or affirmation. The
specific contents of the affidavit and search warrant as well as the
procedure to be followed in filing the affidavit and obtaining a warrant
are discussed in sections 19.2-52 through 19.2-57 in the Code of
Virginia.

C. If, during a search for the evidence listed on the search warrant,
additional contraband is found, these items may be legally seized.
However, once all the evidence described in the search warrant is
located, the search must end. If additional contraband is noticed
thereafter, another search warrant must be obtained.

(ADM.02.02d)

V. EMERGENCY SEARCHES
POLICY & PROCEDURE SERIES #220 Page 4 of 19

A. A search warrant is not necessary in an emergency. An

emergency is often termed “exigent circumstances.”
(ADM.02.02e)

B. The Virginia Supreme Court, in Verez V. Commonwealth, 337 S.E.

2d 749,1985, gave ten factors to be considered in evaluating whether
an emergency exists:

1. The degree of urgency involved and the time required to

obtain a warrant.

2. Officer’s reasonable belief that contraband is about to be

removed or destroyed. (Note that not all crimes are serious
enough to create exigent circumstances. See 5 below.)

3. The possibility of danger to others, including officers left to

guard the site.

4. Information that the possessors of contraband are aware that

police are on their trail.

5. Whether the offense is serious, or involves violence.

6. Whether officers reasonably believe the suspects are armed.

7. Whether officers have probable cause.

8. Whether the officers have strong reason to believe the

suspects are present on the premises.

9. The likelihood that the suspects will escape.

10. The suspect’s entry onto or into premises after “hot pursuit”. (If
officers enter premises with probable cause to believe that
critical evidence may be destroyed or removed unless
immediate action is taken, they may enter without a warrant,
secure premises, and obtain a search warrant before
proceeding further unless they have obtained consent to
search, or some new circumstances arise necessitating
another warrantless search.)

VI. ABANDONED PROPERTY AND OPEN FIELDS (ADM.02.02e)

A. A search warrant is not required for property that has been

POLICY & PROCEDURE SERIES #220 Page 5 of 19

abandoned or an open field.

B. To constitute abandoned property, two conditions must apply:

1. Property was voluntarily abandoned.

2. Property was discarded outside the area in which someone

has a reasonable expectation of privacy.

VII. EVIDENCE IN FULL OR PLAIN VIEW (ADM.02.02e)

A. It is a well-established legal principle that a seizure of contraband

or fruits of the crime in plain view is not a violation of the fourth
amendment where the officers are on the premises lawfully. A
plain view seizure is, technically, not a search. To make a plain
view seizure of property (contraband, fruits or instrumentalities of
the crime), the officer must inadvertently observe the property in a
place where he has a lawful right to be. However, if the officer
becomes a trespasser on the property which under the protection of
the fourth amendment, then his/her action amounts to an illegal
search and seizure. In addition, the officer cannot use information
so obtained to produce a warrant nor can the evidence be seized
without one.

B. This evidence can be seized where there is no search and

information so obtained may be used to procure a warrant. In order
to seize evidence under this rule, the officer must be lawfully present
on the premises and observe the illegally possessed or contraband
items. To make a plain view seizure of property, two requirements
must be met:

1. The officer had prior justification for intrusion;

2. It must be immediately apparent to the officer that the items he

or she observes may be evidence of a crime, contraband, or
otherwise subject to seizure.

C. The officer may not move items, look inside, underneath or behind
them for serial numbers or other identifying marks. If such movement
is necessary, officers shall obtain a warrant.

VIII. SEARCH CONDUCTED WITH CONSENT (ADM.02.02e)

POLICY & PROCEDURE SERIES #220 Page 6 of 19

A. In the search of a person by consent, it is difficult for an officer to

prove that the person gave voluntary consent to the search. Any
consent must be completely voluntary and must be given as an
understanding and intentional waiver of rights to refuse consent.
The officer must be able to show that the person searched was
advised of his/her rights to refuse a search, and that the individual
voluntarily, understandingly and knowingly waived those rights.

B. Searching premises by consent is often troublesome due to the

question of legality of the possession of the premises and the
property which may be discovered. The courts consistently
approve of searches of premises by consent when legal
prerequisites are satisfied; however, there are a number of
clarifying decisions with regard to who may grant permission for a
search.

C. The following places require consent before searching:

1. Private dwellings and the curtilage;

2. Apartments, hotel rooms, motel rooms, boarding house rooms,

guest rooms, and hospital rooms;

3. Businesses and offices;

4. Miscellaneous locations such as barns, house trailers,

suitcases stored on premises of another, locked storage
cabinets, or a desk used by an employee.

D. An officer preparing to conduct a search by consent must take four

steps:

1. Determine whether the premises are protected by the Fourth

Amendment. Some areas such as open fields and public
places can be searched lawfully without consent, search
warrant, or arrest.

2. If the premises are protected by the Fourth Amendment,

identify the person lawfully entitled to possession at that time.

3. Obtain from that person a voluntary waiver of his/her rights to

refuse a search. The consent should also specify the scope of
the search.

4. Search within the limitations expressed or implied in the

consent.
POLICY & PROCEDURE SERIES #220 Page 7 of 19

E. A search warrant is not necessary where a person who has authority

or control over the thing or place searched consents to the search.

1. Generally, such authority extends to a person who shares,

uses, has access to or control of the property.

2. If two people have joint ownership of the property, either may

give consent.

3. A landlord, including a hotel or motel manager, cannot consent

to a search of a tenant’s premises unless the tenant has been
evicted or has abandoned the property.

4. A husband or wife, or one member of a cohabiting unmarried

couple, may consent to a search of areas in common
ownership or use.

5. A parent may consent to a search of premises occupied by a

dependent child.

6. An employee cannot give valid consent to a search of his

employer’s premises unless he has been left in custody of the
premises.

7. An employer may generally consent to a search of premises

used by employees, except premises used solely be an
employee (e.g., a locker).

F. Consent must be voluntarily given. If an officer requests consent from

a citizen under circumstances which a reasonable person would
consider coercive, then officers must seek a warrant. The officer may
have the burden of demonstrating voluntariness (Schneckloth V.
Bustamonte, 412 U.S. 218, 1973).

G. A person who initially gives consent may withdraw it at any

time. Officers shall then secure the premises and secure a
warrant.

IX. VEHICLE SEARCHES AND INVENTORY SEARCHES OF VEHICLES

In recent years, the U.S. Supreme Court has modified and expanded the conditions
under which officers may search vehicles. Warrantless searches of vehicles may
take place under many conditions and circumstances. It is imperative that officers
understand the different types of vehicle searches and their limitations
POLICY & PROCEDURE SERIES #220 Page 8 of 19

A. DEFINITIONS:

1. For the purpose of this section, a motor vehicle is any vehicle

operating or capable of being operated on public streets or
highways, from trucks to automobiles to mobile homes. A
vehicle that has been immobilized in one location for use as a
storage facility or home is not a motor vehicle for Fourth
Amendment purposes.

2. For the purpose of this section, a search is an examination of

a motor vehicle with an investigative motive, that is, to
discover evidence or to examine the vehicle identification
number (VIN) to ascertain ownership.

B. WHEN WARRANTLESS SEARCHES MAY BE PERFORMED:

If a vehicle has broken down, or is parked on private property and there is

little likelihood that the vehicle will be driven away, officers shall obtain a
warrant to search it. When executing a warrant, a search may extend
anywhere within the vehicle, unless limited by the warrant itself. In all other
cases, vehicles may be searched without a warrant:

1. Custodial arrests

Officers may search a vehicle without first obtaining a warrant if:

a. No opportunity exists for securing the warrant

b. The search is made pursuant to a full custodial arrest of

a person who is inside of or beside a vehicle at the time
of arrest

c. The search is based upon probable cause

LIMITATIONS: Officers searching vehicles under the above circumstances

must limit their search as follows:

a. To the entirety of the person arrested.

b. To the passenger compartment of the auto and the

area in the immediate control of the person being
arrested from which he could reach for a weapon or for
evidence of a crime. The search may include open or
closed containers in the passenger compartment.
POLICY & PROCEDURE SERIES #220 Page 9 of 19

c. The search may not extend to the trunk unless

probable cause has been established during the search
incident to an arrest that contraband, weapons, fruits or
instrumentalities of the crime are located there.

d. The search incident to custodial arrest legally can be

undertaken to protect the officer, prevent the suspect
from escape, and to prevent destruction of evidence.

2. Probable Cause

Apart from custodial arrest, officers may search a vehicle without a

warrant if:

a. Probable cause exists that the vehicle contains

evidence of an illegal act, and

b. The vehicle is moving or capable of being moved

quickly, so that if the officer does not search it
immediately, evidence could be destroyed or lost.

c. When officers have probable cause to believe that

contraband is concealed somewhere within a vehicle,
they may conduct a warrantless search of the entire
vehicle, including all containers and packages that may
conceal the object of the search. If however, probable
cause is directed at a specific container within the
vehicle, an officer may seize the container and must
obtain a warrant before searching it.

3. Consent

a. When consent has been obtained from the driver,

officer may search the vehicle subject to any limitations
specified by the consenting person. Consent shall be
obtained in writing, if feasible.

b. During a consent search, containers may be opened

provided that the terms of the consent either so permit
or reasonably imply permission

4. Frisk for weapons

A frisk for weapons shall be confined to the driver and/or passenger

area. Any place not immediately accessible to the occupants, such
as a locked glove compartment, shall not be searched during the
POLICY & PROCEDURE SERIES #220 Page 10 of 19

frisk. If the contents of a container are immediately accessible to the

subject, a closed container may be searched for weapons. Note: An
officer can order the suspect from the vehicle and frisk both the
suspect and the vehicle.

5. Emergency search

An emergency search of the vehicle may be conducted but the extent

of the search must not exceed whatever is necessary to respond to
the emergency.

If the initial search under the above conditions gives rise to probable
cause that evidence, contraband, fruits or instrumentalities of the
crime might be found elsewhere in the vehicle, the officer may search
those areas that might reasonably contain such items.

C. PROCEDURES FOR LOCKED CONTAINERS:

1. Locked containers shall be opened only under a warrant, or

2. Under consent

D. CONDUCT OF THE VEHICLE SEARCH

1. When possible, searches of vehicles shall be contemporaneous

with the stopping or discovery of the vehicle. As a general rule,
vehicle searches shall be conducted as soon as reasonably
possible.

2. When possible, officers shall avoid damaging a vehicle or its

contents, and shall minimize the intrusiveness of the search and any
inconvenience suffered by the passengers or owner.

3. As vehicles may contain sharp or pointed objects, and perhaps even

syringes or other materials with body fluids on them, officers shall
take precautions to minimize exposure to communicable diseases.

E. INVENTORY SEARCHES OF VEHICLES:

The department requires officers to inventory any lawfully impounded

vehicle, or a vehicle removed from the street and placed in police custody
for the purposes of police management. Any evidence or contraband found
during the inventory may be used to formulate probable cause for a
subsequent search or arrest. Vehicles shall be inventoried per departmental
procedure, which requires an inventory of the entire contents, including
closed containers (provided they can be opened without breakage). The
POLICY & PROCEDURE SERIES #220 Page 11 of 19

purpose of an inventory is to ensure safekeeping of private property and to

protect the department from liability. In order to justify an inventory of a
vehicle:

1. Officers must have lawful custody of it.

2. The inventory shall be conducted pursuant to departmental policy.

3. The scope of the inventory shall be limited to those parts of a vehicle

likely to conceal important or valuable items. Closed containers may
be examined if they are likely to contain valuable property.

4. The vehicle and its closed containers shall not be damaged.

THIS SPACE LEFT INTENTIONALLY BLANK

POLICY & PROCEDURE SERIES #220 Page 12 of 19
 POLICY & PROCEDURE SERIES #220 Page 13 of 19

Appendix A
Affidavits for Search Warrants
(ADM.02.02d)
A. How to obtain a search warrant

1. Where to obtain a search warrant

A search warrant may be obtained from any of the following three

sources, according to Code of Virginia, Section 19.2-52:

(1) any judge;

(2) any magistrate; or
(3) any other person having the authority to issue criminal warrants.

B. Affidavits: Section 19.2-54 of the Code of Virginia requires that before the
issuance of a search warrant, an affidavit must be filed and sworn to before
a judge or magistrate. State Form DC-338 7/12 or later revision will be used
for this purpose. A sample affidavit is found in the appendix to this
instruction.

NOTE: THE SEARCH WARRANT MUST BE OBTAINED IN

THE JURISDICTION WHERE THE PLACE OR PERSON TO
BE SEARCHED IS LOCATED.

1. The affidavit must include the following elements:

a. a description of the place, thing, or person to be searched;

b. a description of the things or persons to be searched for;

c. a substantial allegation of the offense in relation to which the

search is to be made;

d. an allegation that the object, thing or person to be searched

constitutes evidence of the commission of the offense; and

e. material facts which would show that there is probable cause

for issuing the search warrant.

2. Discussion: Description of place

a. In describing the premises to be searched, an officer should

describe the appearance of the building, give its address, state
that the search is to include the curtilage and outbuildings
thereon, and give the city, town or county in which it is located.
POLICY & PROCEDURE SERIES #220 Page 14 of 19

For example: "A two-story, red brick building with a green roof
and green shutters, located at 410 Elm Street, Richmond,
Virginia, the property of John Doe. The search to include the
dwelling, the curtilage, and any out-buildings thereon."

(1) Curtilage is defined as the piece of ground within a

fenced yard.

b. The affidavit must describe the place, thing or person to be

searched with enough detail that when the description is
transferred to the search warrant, the officer executing the
search warrant can find and identify what is to be searched
without an unreasonable amount of effort.

3. Discussion: Description of person

a. A person who is to be searched must be described in the

affidavit so that he may be identified with reasonable certainty.
His name must be given if it is known. If his name is not
known, he may be called "John Doe," but the officer must
describe what the person looks like and the place where he
can be found. For example: "John Doe, a white male with
black wavy hair and a stocky build observed using the
telephone in Apartment 4-C, 1806 Patricia Lane, Richmond,
Virginia."

b. A police officer is permitted to search for and seize four kinds

of property under '19.2-53. They are the following:

(1) Weapons or other objects used in committing a crime.

These are known as "instrumentalities" of a crime.

(2) Things illegal to sell or possess. These are known as

"contraband."

(3) Things that have been stolen. These are known as the
"fruits" of a crime.

(4) Anything that is evidence of the commission of a crime,

for example documents, bloody clothing, or body fluids.

4. Discussion: Description of the offense

The affidavit must describe the offense in relation to which the search
is to be made. The description may be in brief, general terms. It is
POLICY & PROCEDURE SERIES #220 Page 15 of 19

not necessary to use legalistic language or to refer to any specific

section of the Code.

5. The affidavit must be supported by probable cause. The officer must

allege in the affidavit enough particular facts so that the magistrate
may decide if the search will likely result in successful seizure. Two
kinds of facts must be considered:

a. the facts from which the officer concluded that the person or
thing is probably located at the place to be searched; and

b. the facts which address the reliability of the source of the

officer's information.

c. The court can consider only those facts presented in the

warrant and affidavit.

d. Conclusions and suspicions are not facts.

e. Facts must be recent.

(1) Before a search warrant can be issued, the magistrate

must be satisfied that probable cause to search exists
at the time the warrant is issued. His conclusion that
probable cause does exist must be based upon facts
reasonably related in time to the date of the issuance of
the warrant.

f. Example of sufficient facts justifying probable cause:

(1) "On June 6, 1972, a reliable informer advised the

affiant that during the past 24 hours the informer had
observed a quantity of heroin and a large supply of
hypodermic syringes in the premises to be searched."
The affidavit was held to be sufficient since facts were
alleged to show how the informant concluded that
marijuana was on the premises. Warren v.
Commonwealth, 214 Va. 600, 601, 202 S.E. 2d 885,
886 (1974).

g. Example of insufficient facts:

(1) "Information received from CIA Agent Herb Hicks

POLICY & PROCEDURE SERIES #220 Page 16 of 19

(indicated) that marijuana was kept in apartment." The

affidavit was held to be insufficient. The officer
stipulated where the information came from, but he did
not allege any facts showing how the informant knew
that the marijuana was in defendant's apartment.
Stallworth v. Commonwealth, 213 Va. 313, 191 S.E.2d
738 (1972).

6. Reliability of facts

a. Personal observation by police is considered reliable.

b. Eyewitnesses:

Where the search warrant affidavit discloses that the

information came from the victim of a crime or from an
eyewitness, and the information appears reasonable, the
magistrate may infer that it is reliable because it was based on
first-hand knowledge.

c. Informants

(1) If there is no reason to hide the name of an informant,

an officer should give the informant's name in the
affidavit or let the informant fill in an affidavit himself.
There is no reason not to disclose the informant's
name, for example, if he is willing to testify in court.

(2) Concerning unnamed informants, see P&P306. When

referring to unnamed informants, officers must rely on a
magistrate to make a practical common-sense decision
whether, given all the circumstances set forth in the
affidavit before him including the "veracity" and "basis
of knowledge" of persons supplying hearsay
information, there is a fair probability that contraband or
evidence of a crime will be found in a particular place,
(Illinois v. Gates, 462 U.S. 213 (1983). If an officer
relies on information for proving probable cause given
by an unnamed informant, in his affidavit he shall allege
the following:

(a) the facts from which the informant concluded

that the thing to be searched for is probably on
the person or premises to be searched (these
are the same kind of factors that must be
alleged if they came from police observation or
POLICY & PROCEDURE SERIES #220 Page 17 of 19

from a named informant) and,

(b) based on the totality of the circumstances, facts

from which the officer concluded that

i) the informant is credible; or

ii) the information furnished by the informant
is reliable.

(3) Informant reliability may be established by:

(a) The informant has given reliable information in

the past.

(b) The informant is a private citizen whom the

officer knows or who has a reputation for
truthfulness.

(c) The informant states that he himself has

participated to some extent in the illegal activity.

(d) The information that one informant gives is

corroborated by another informant.

(e) The information given by the informant is

corroborated by police surveillance.
 POLICY & PROCEDURE SERIES #220 Page 18 of 19

SAMPLE SUFFICIENT AFFIDAVIT

State of Virginia

City/County of ____________________________________________________

Before me, the undersigned, this day came I. M. Best, who, after being duly sworn,
made oath that:

1. The offense in relation to which the search is to be made:

Possession and distribution of controlled drugs.

2. The description of the property to be searched:

Controlled drugs and drug paraphernalia.

3. The description of the place to be searched:

Apartment D, occupied by Melvin Watson, including its curtilage, at 313

West 27th Street, Norfolk, Virginia. This apartment being the end upstairs
dwelling in this red brick multi-unit apartment building.

4. The material facts constituting probable cause for the issuance of a search warrant:

On January 5, 1975, I received information from a reliable informant who

states that he was at the apartment of Melvin Watson, 313 W. 27th Street,
Norfolk, Virginia, this past week and he saw a large quantity of marijuana in
a chest in the front room and also some marijuana was in a dresser drawer
in the middle room. My informant also states that in the past month he has
smoked marijuana in Watson's apartment and in the past month he has
made two purchases of marijuana from Melvin Watson.

5. The property to be searched for constitutes evidence of the commission of the

offense.

______________________________

Signature of the Affiant

Subscribed and sworn before me on ______________________________

POLICY & PROCEDURE SERIES #220 Page 19 of 19

Magistrate

NOTE: This affidavit illustrates several points:

1. When describing the offense, it is not necessary to give the

section of the Code.

2. When searching for contraband, the description need not be in

detail as would be the case when searching for stolen
property.

3. The place to be searched is a multiple-occupancy structure

and the particular sub-unit is described.

4. The probable cause rests upon information from an

unidentified informant. The affidavit shows that the informant
knew where the narcotics were by personal observation, and
that the informant is reliable because he made an admission
against his interest.
 POLICY & PROCEDURE SERIES #221 PAGE 1 OF 13
SUBJECT EFFECTIVE DATE
COURT SECURITY 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.11.02
OPR.11.03
OPR.11.04
OPR.11.05

I. POLICY:

This agency will maintain the orderly conduct of trials and other legal activities,
which take place in the courthouse/courtroom.

II. PURPOSE:

To establish the agency's courthouse/courtroom security function.

III. PROCEDURES:

A. Facility Security Plan: (OPR.11.01a)

The Sheriff or his designated bailiff is responsible for order in the Courtroom and for the
smooth functioning of Courtroom procedures. The Court expects the Sheriff or bailiff to
take the initiative in keeping order in the Courtroom and in seeing that matters are
handled smoothly and efficiently during trials.

1. The Chief Deputy is responsible for the security function of the courthouse
facility, including both public and non-public areas.

a. Directives governing courtroom/courthouse security will be

available to personnel assigned to the security function of the
courtroom/courthouse. (OPR.11.02)

2. All personnel are responsible to identify threats, or potential threats, to the

safe and orderly operation of the courts, the judicial process, or to the
courthouse itself. Such threats may include, but are not limited to escape,
POLICY & PROCEDURE SERIES #221 Page 2 of 14

attempted escape, disorderly conduct, physical assault, with or without a

weapon, bomb threat, bomb explosion, demonstration, suicide, suicide
attempt, hostage situation, theft, fire, medical emergency, etc.

3. Deputies are assigned by the Chief Deputy to courtroom/courthouse

security and to duty post within the courthouse.

a. In civil cases, a bailiff and a court security deputy are assigned.

b. In criminal cases in General District, Juvenile and Domestic

Relations and Circuit Court, a bailiff and a court security deputy are
assigned.

c. In Juvenile and Domestic Relations District Court a bailiff and a

court security deputy are assigned.

d. In all instances of Court Security, the Chief Deputy will have the
responsibility to adequately staff required posts.

4. Defendants remanded into the custody of the Sheriff, directly from the
court, will be moved immediately by the deputy assigned to security from
the courtroom to the holding cell.

5. Duress alarms will be periodically tested. Test will be logged in the

dispatch office at the sheriff’s office. County maintenance will be
immediately notified if an alarm is not functioning.
(OPR.11.03)

B. Security Operations: (OPR.11.01b)

Responsibilities of Deputies/Bailiffs in General District, JDR and Circuit Court.

1. The officer assigned to courtroom security is to arrive at the courtroom

approximately 30 minutes prior to court being in session.

a. The courtroom and adjacent rooms and offices are searched before
court convenes. Any unusual parcels, items, or incidents are
reported immediately to the court security supervisor. (OPR.11.04)

2. All persons, except officers of the Court, lawyers, and police officers, are
screened by having each person walk through the metal detection device
and visually inspected to prevent the bringing in of contraband.

3. The bailiff positions him or herself in the courtroom at a location providing

the best view of the courtroom including the occupants, the doors, and any
windows. The bailiff should never sit or stand with his or her back to the
POLICY & PROCEDURE SERIES #221 Page 3 of 14

audience in the courtroom nor place him or herself in an area where he or

she is unable to immediately see who enters, or intends to enter the
courtroom. The bailiff should remain attentive and alert al all times and
refrain from unnecessary movements or actions which may detract from
the proceedings. If a prisoner is present, the bailiff works with the security
deputy.

4. At anytime during a court session there is excessive or deceptive talking

among the audience, the bailiff takes action to quiet the audience
members. Such action may include expulsion of the individual(s) causing
the disturbance from the courtroom or courthouse.

a. Eating, drinking, or smoking is also prohibited at all times in the

courtroom. The bailiff is responsible to assure that such activities
do not take place.

b. Electronic devices are to be turned off.

5. The bailiff limits disrupting traffic into or out of the courtroom when the
court is in session, particularly during the opening and closing arguments.
In Circuit Court, during the reading of instructions in a jury trial no one
should enter or leave the courtroom.

6. When a witness is called by the clerk the bailiff will direct the witness to
the witness box. The bailiff should remain alert to the presence of
witnesses in the courtroom who have been excluded from the
proceedings.

7. At any time the bailiff believes that additional assistance is needed, he or

she immediately notifies the Chief Deputy by the fastest possible means.

8. Before leaving and locking the courtroom, bailiffs will search the
courtroom and remove any items left during the court day. (OPR.11.04)

Responsibilities of Deputies Assigned to Court Security

1. The deputy assigned to court security has the primary responsibility for
handling the prisoner(s) for the court. The bailiff will assist the deputy
assigned to court if necessary. The following guidelines apply to prisoners
entering the courtroom. These guidelines are not intended to be all
inclusive, or to replace the judgment of the deputy assigned to the court or
the bailiff.

a. Search the prisoner before leaving the jail by the deputy assigned
to court.
POLICY & PROCEDURE SERIES #221 Page 4 of 14

b. The prisoner will be in front of the deputy at all times.

c. During court proceedings, the deputy assigned to court security

does not sit beside the prisoner, but rather station him or herself in
such a manner to prevent escape or threat to the judge or other
court personnel.

d. Immediately prior to sentencing, the deputy assigned to court

security stations him or herself behind the prisoner and be prepared
to subdue the prisoner should the prisoner present a threat to the
security of the courtroom, and be prepared to handle boisterous
relative or friends.

e. Anticipate the prisoner's actions.

f. Speak to the prisoner only when necessary, and do so in a clear

and direct manner.

g. Never permit a prisoner to have physical contact with anyone other

than his or her attorney or other court personnel.

h. When a prisoner is remanded into the custody of the sheriff by the

judge, the deputy assigned immediately or as soon as possible
takes the prisoner to the Sheriffs office and searches the prisoner.

i. Under no circumstances is a deputy to leave any unsupervised

prisoners in the courtroom.

j. Prisoners will not be permitted to smoke.

k. Prisoners who require the use of a restroom during a court recess

are escorted to a restroom.

CIRCUIT COURT

In addition to the above requirements, the below listed items will be adhered to in Circuit
Court proceedings.

l. Prior to opening Court, the Bailiff is to see that counsel are at their
tables and the defendant or parties to civil suits are likewise seated
next to their attorneys. Injury cases, before opening Court, the
Bailiff is to see that members of the jury are seated either in the jury
box or in the Courtroom; he/she notifies the Judge in Chambers
that he is ready to open Court. While there may be some occasions
when it is impossible to start right on the minute, every effort should
be made to open Court on time.
POLICY & PROCEDURE SERIES #221 Page 5 of 14

m. In all felony cases, either the Sheriff or a Deputy has the sole duty
of being near the defendant, and there is never a time while Court
is in session that the defendant is alone without a law enforcement
officer in his immediate vicinity. The officer that is assigned to the
vicinity of the defendant sees that the defendant always stands
when being arraigned and when addressing or being addressed by
the Court.

n. In all felony cases and serious misdemeanor cases, the defendant

is to be searched for any possible weapons before being brought
into the Courtroom even if the defendant has been held in jail. After
being brought into the Courtroom the defendant is kept separate
and apart from the general public with the exception of his attorney.
He is not be allowed to talk to relatives or friends once he has been
brought into Court and be kept in a place in the Courtroom where
he can be watched and supervised at all times.

o. Witnesses:

Officers are to assist the witnesses coming up to be sworn before

trial, showing them where to go and also where to remain until they
are called to stand. When witnesses are called to testify, an officer
escorts or directs them to the witness chair and tells them to be
seated.

p. All felony trials require at least three officers in the Courtroom. One
office is assigned to the defendant. Another officer is assigned to
the back door of the Courtroom in order to keep a constant vigil on
people in the Courtroom. The officer assigned to the door in the
rear should preferably be standing at all times. A third officer will be
available to call witnesses and to handle routine procedural matters
while Court is in session. If Officers are to be used as witnesses,
then other officers are made available prior to the trial in order to
have three officers always in the Courtroom.

q In handling papers and exhibits, the Bailiff should constantly be

available to hand papers from attorneys to the Court or Clerk or
from the Court to the jury. The Bailiff should see that all exhibits are
returned to the Judge's bench after they have been viewed by the
jury and should hand verdicts and other matters reported by the
foreman of the jury to the Clerk.

r. Officers are to be conscious of the audience and be alert for

persons who may be present merely for the purpose of causing
disturbances. Officers are free to ask any member of the audience
POLICY & PROCEDURE SERIES #221 Page 6 of 14

to leave the Courtroom for the purpose of searching for weapons or

any other purpose that would interfere with the conduct of the
proceedings. Persons disrupting the Court by talking, laughing,
sleeping or otherwise are removed from the courtroom.

s. In all cases, the Bailiff or other Deputy directs the jury to the jury
box and directs and escorts the jury to the jury room and back to
the Courtroom during every recess in the proceedings. An officer
remains by the door of the jury room anytime the jury is in that room
and is to keep all other persons away from the jury room whether
the jury is deliberating or in short recess. When jurors return to the
Courthouse from lunch or other meals, they are to be taken to the
jury room and not allowed to mingle with defendants, witnesses or
other people.

C. High Profile and High Risk Trial Plan (OPR.11.01c,d)

1. Operational Command

a. Primary authority and responsibility for security operations for a

high risk court proceeding is the Chief Deputy. He will review and
approve all operational plans used during the trial.

b. The Chief Deputy is designated as the operations field commander.

2. Notification and Planning:

Upon notification of an upcoming high risk trial, Chief Deputy will prepare
and submit an operational security plan to the Sheriff.

a. All available intelligence information concerning both the

defendant(s) and the nature of the charge(s) against him or her.

b. Criminal history: with particular attention to any previous acts of

violence, narcotics use, escapes and/or escape attempts.

c. Physical description of defendant(s), including a recent photograph.

d. Personal information of defendant, including home address, names

and addresses of family members and friends, organizations to
which the defendant belongs which may pose a threat; names and
addresses of defendant's visitors at the jail facility.

e. Law enforcement information - case/arrest reports.

POLICY & PROCEDURE SERIES #221 Page 7 of 14

f. Schedule of court appearances including arraignments and

preliminary hearings in the General District or Juvenile Domestic
Relations Courts, including the courtrooms to be used; motions,
trial, sentencing dates and presiding judge in the Circuit Court;
Commonwealth's Attorney assigned to the case; and Defense
Attorney(s) and expert witnesses if any.

g. Coordination with the presiding judge, Commonwealth's Attorney,

and defense attorneys.

3. Determination of Security Needs:

a. The security plan will address the number of deputies to be

assigned for direct prisoner security, the number of deputies
assigned as bailiff, transportation arrangements to and from the
courthouse, or other holding facility, type of vehicle(s), number of
vehicle(s), transporting personnel, use of decoy vehicle, or need for
other specialized equipment or personnel.

b. Communications including frequencies, channels, and radios

issued to personnel.

c. Perimeter security of the courthouse, including but not limited to

securing all doors opening to the outside, rooftop security.

d. Interior security.

e. Seating arrangements inside the courtroom (to be coordinated with

presiding judge and Commonwealth's Attorney), including seats for
the media, victim(s) and family, defendants family and friends, and
witnesses (use of outside witness rooms preferred; separate
seating for prosecution witnesses and defense witnesses).

f. Personal protection needs for the presiding judge, witnesses,

attorneys, and jurors (sequestering determined by presiding judge).
This security may address the needs of personal vehicular, and/or
residential protection.

g. Building Search/Shakedown including, if needed, a canine assisted

search.

h. Media relations plan including designating a media liaison,

providing space for the media, or other needs.

i. Hostage situation plan - See Emergency Plan.

POLICY & PROCEDURE SERIES #221 Page 8 of 14

4. Staff Coordination: Prior to the opening of the trial, staff briefings will be
held by the Sheriff and Chief Deputy. These briefing(s) will provide
information needed to conduct the trial as well as to discuss other
planning and strategy options. The result of this planning is a contingency
plan to address the potential events.

5. Incidents:

a. If information is gathered that suggests there is an imminent threat

to the trial, the Sheriff or Chief Deputy will immediately advise the
judge. Action to recess, postpones, or move the trial to another
courtroom will be discussed and determined.

b. In the event of an actual incident, deputies working in the courtroom

will immediately secure the prisoner, the judge and court personnel,
the jury, and advise the supervisor. Back up will be requested, and
the contingency plan implemented.

c. Threats of events will be documented.

6. Critique: Following the conclusion of the trial, the Chief Deputy may
critique the trial with staff focused on the notification, planning,
implementation and outcome of the activities related to the trial.

7. Seizing Property: Property seized in the course of a high security trial,

particularly at the location of the magnetometer, will be processed and
turned over to a designated evidence officer.

D. Emergency Procedures (fire, bomb, escape, etc.) (OPR.11.01e)

MEDICAL EMERGENCIES

1. Medical Emergencies - General Public - If a medical emergency arises

involving a member of the general public or a courthouse employee, the
deputy will begin emergency first aid as dictated by the situation. The
deputy will contact, or have another person contact the Emergency
Medical Services, via 911. The deputy will continue the first aid until
emergency personnel arrive.

2. Medical Emergencies Involving Prisoners/Detainees - If a medical

emergency arises with a prisoner, the deputy will secure the scene, and
immediately begin first aid. The deputy should ask that the Emergency
Medical Services be contacted and will continue first aid as needed until
the Emergency Medical Services arrives. If a prisoner in a courtroom
exhibits signs that he or she may need emergency medical care, the
prisoner will be immediately removed from the courtroom, and first aid
POLICY & PROCEDURE SERIES #221 Page 9 of 14

begun in an adjacent secure area. The Emergency Medical Services will

be called. First aid will continue until the Emergency Medical Services
arrives.

FIRE AND FIRE ALARMS

1. Consideration During a Fire Alarm - Staff should be alert to the possibility

of an alarm being deliberately activated to divert attention from other
activities, for example assaults, escape attempts, or attempts to disrupt
judicial proceedings.

2. Fire Alarms - When a fire alarm is sounded, the courthouse will be

evacuated except for sworn personnel of the Sheriff’s Office and persons
remanded to the custody of the Sheriff. The deputy assigned to the court
will:

a. Call the Fire Department, via 911, and report the alarm, and the
location as noted.

b. Notify the Sheriff and the Chief Deputy of the location of the alarm
and any available information about the alarm and the possibility of
an actual fire.

c. Request that available Court Services personnel closest to the

alarm check the area of the alarm for a possible fire and report to
the Sheriff and the Chief Deputy.

d. Notify the Sheriff’s Office Dispatcher of the alarm/fire and request

that field units be dispatched to the courthouse under the
appropriate code.

BOMB THREATS

1. Bomb Threats Received by Telephone - If a bomb threat is received by

telephone, the individual receiving the call should gather as much
information as possible about the threat. Once the information has been
evaluated, the Chief or his designee will determine if the Bomb Disposal
Unit of the Virginia State Police needs to be called or other emergency
services. Building evacuations will be at the discretion of the Sheriff or
Chief Deputy. The responding emergency services will also have the
authority to evacuate the building. (i.e. Sheriff’s Office, Bomb Disposal
Unit).

2. Discovery of Possible Explosive/Incendiary Device - If a deputy discovers

what he or she believes to be a bomb device, he will immediately secure
the area and notify a supervisor. Under no circumstances will a deputy
POLICY & PROCEDURE SERIES #221 Page 10 of 14

attempt to move the suspected device. As radio communication may

detonate a bomb device, telephones should be used. The supervisor on
the scene will immediately call the Sheriff’s Office Dispatcher, via 911, and
ask that the Bomb Disposal Unit of the Virginia State Police be requested
to respond. Additionally, the supervisor should notify the Fire Department,
and the Sheriff, and advise them of the situation. The courthouse will be
evacuated. Appropriate emergency notifications will be made by the
Sheriff or his designee.

HOSTAGE/BARRICADE SITUATION IN THE COURTHOUSE

1. Initial Response

a. Unless immediate action is necessary to protect life, the first

deputies on the scene will confine their activities to containment
and stabilization of the situation. The courthouse should be
evacuated if possible without endangering life.

b. The ranking deputy on the scene will notify the Sheriff’s Office
Dispatcher and then and will begin emergency notification to the
Sheriff and the Fire Department. This notification will include
preliminary appraisal of the situation.

c. If a hostage or barricade situation exists the sheriff may request the

assistance of the Virginia State Police hostage negotiator and
tactical team and have it dispatched to the courthouse to standby.

2. Establishing of Command Post: Scene Command

a. As soon as the situation allows, the supervisor on the scene will

establish a command post for the purpose of coordinating the
activities of all units involved. The command post which should
include radio and telephone communications, floor plans, and other
items required by the situation.

b. The command post may ultimately be comprised of appropriate

Sheriff’s Office Command staff, and when necessary a member of
the Fire Department and other supervisory personnel of the
assisting agencies.

c. Overall command of the scene will rest with the highest ranking
member of the Sheriff’s Office on the scene.

d. If the Sheriff, or his designee, determines that the situation merits

the use of the VSP, the scene command will be passed to the
commander of the VSP. The scene command will remain with the
POLICY & PROCEDURE SERIES #221 Page 11 of 14

commander of the VSP until the incident is concluded. The

commander of the VSP will keep the Sheriff, or his designee briefed
as appropriate.

e. Under no circumstances will a hostage taker be permitted to

escape or leave the courthouse.

COURTHOUSE EVACUATION PLAN

1. Evacuation of Judges - The bailiff will ensure that the judge has left the
courtroom safely. Judges will be evacuated from their offices and escorted
from the building
.
2. Evacuation of Jurors - The bailiff and/or deputy assigned to the Jury will
take the appropriate action to ensure the safe egress of jurors while
protecting the integrity of the trial proceedings.

a. The deputy assigned to the jury will remain with the jury during the
evacuation.

b. The jurors will exit the building as directed. Jurors will be instructed
to remain together and will advise them that any discussion of the
interrupted proceedings is prohibited.

2. Evacuation of General Public/Courthouse Employees/Witnesses - The

general public, courthouse employees and witnesses will exit the
courtroom. They will exit in front of the courthouse into the parking lot in
the rear of the courthouse.

3. Evacuation of prisoners - The following procedures will be followed for

evacuation of prisoners from the courthouse:

a. Prisoner Movements - If a fire alarm sounds during a court

proceeding where a prisoner is present, the security deputy will
immediately remove the prisoner from the courtroom and secure
the prisoner in the holding cell of the Sheriff’s Office.

ESCAPES FROM CUSTODY

1. Escape or Attempted Escape - In the event of an escape, or a suspected

escape, the Sheriff will immediately assume the responsibilities for
implementing the procedures contained in this General Order.

2. Securing the Courthouse

POLICY & PROCEDURE SERIES #221 Page 12 of 14

a. If there is reason to believe that an escape has occurred, the Chief

Deputy will immediately secure the courthouse, order external
perimeter security as necessary, and request assistance from other
divisions. A determination will be made as quickly as possible
concerning:

1. The name and description of the escapee;

2. Location of the escape;
3. The means of escape;
4. Accomplices, if any; and
5. Hazards existing to staff. (Bombs, weapons, etc.)

b. If the escape occurred from the courthouse, and if the identity of the
escapee(s) is not immediately known, all prisoners not participating
in court proceedings will be moved to the jail area and a head count
started.

3. Search of the Courthouse - A systematic search will be conducted of the

courthouse. The Chief Deputy will designate deputies to begin searching
the courthouse. As the courthouse is searched, the areas will be secured
by the best means possible. Deputies participating in the interior search
will be armed.

4. Identification of the Escapee(s) - When the identity of the escapee(s) has

been determined, corrections will provide information to the scene
commander including, but not limited to a photograph, physical
description, address, visitor information, criminal history information, family
information, past employers, etc. A copy of the photograph along with a
physical will immediately be furnished to communications and to any
deputy assigned to search for the escapee(s). A teletype of a confirmed
escape and descriptive information will be transmitted by the Dispatcher.

5. Notification - Notification to the news media, community groups, if

necessary, or other groups will be handled by the Sheriff.

6. Mobilization of Sheriff’s Office Members - If an escape has been affected,

the Chief Deputy or supervisor will make the determination to call back
members of the Sheriff’s Office to work. Notification to members to report
to work or notification that members will be held over will be made as
quickly as possible.

7. Point of Escape - The point of escape is to be secured and the scene

preserved for the collection of evidence.

8. Securing a Warrant - As soon as possible after a determination has been

made that there has been an escape from custody and the individual(s)
POLICY & PROCEDURE SERIES #221 Page 13 of 14

has been identified, the scene commander will secure a warrant for
escape. The existence of the warrant should be entered into VCIN/NCIC.
The original of the warrant should be filed with the Dispatch office and a
copy placed in the inmate's file, in records.

9. Post-Incident Notification - When the escapee is captured, law

enforcement agencies assisting with the search will be promptly notified of
the capture by the Sheriff or his designee. The news media will be notified
by the Sheriff.

10. Post-Incident Debriefing - At the conclusion of the incident, the Chief

Deputy will prepare a debriefing report. This report will include, but is not
limited to, a summary of all events, copies of relevant reports and any
reference to hardware which may have contributed to the escape. The
Sheriff will assign the escape incident to an Investigator for investigation.

POWER FAILURES

1. Power Failures During Court Proceedings - Court proceedings in progress

or about to begin when power failure occurs will continue or start at the
discretion of the presiding judge. Any important security concern should
be brought to the attention of a supervisor and the presiding judge.

E. Equipment (OPR.11.05)

1. While court is in session one entrance to the General District courtroom is

opened to the public and employees for entering and exiting. A Garrett
Magna Scanner Metal Detector is manned by a member of this Office.

a. A Garrett hand held scanner is also available to officers for closer

inspection of persons and possessions.

a. Duress alarms are located at each judge’s bench and at other

designated points throughout the courthouse and are periodically
tested.

b. Convex mirror for searching, first aid kit, blood bourne pathogen kit,
extra cuffs, leg irons, waist chains are available in the courtroom
closet.

c. Under clothing leg restraint device, and waist chains are available in
the court security locker.

d. Items that are used for courthouse/courtroom security are available to

officers at all times.
POLICY & PROCEDURE SERIES #221 Page 14 of 14

e. Courthouse security equipment shall be inspected semi-annually.

 POLICY & PROCEDURE SERIES #222 PAGE 1 OF 19
SUBJECT EFFECTIVE DATE
TRAFFIC LAW ENFORCEMENT 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.01 a-c
OPR.07.02 a-c
OPR.07.03 a-n
OPR.07.04 a-b

I.        PURPOSE:

                        The purpose of this order is to prescribe procedures for traffic law
enforcement, preventive patrol, proactive enforcement, and relationships with
motorists, pedestrians, and the courts.

II.          POLICY:
    
                        Traffic law enforcement involves all activities or operations which relate to
observing, detecting, and preventing traffic law violations and taking appropriate
action under the circumstances.    The purpose behind traffic enforcement is to
change driving behavior in an effort to reduce the number of motor vehicle crashes
that result in deaths, injuries, and property damage. Traffic enforcement not only
involves arrests and citations, but may include warnings to change driving behavior
and prevent further violations.  However, overzealous enforcement without
considering whether the violator is familiar with the legal requirements or without
regard for the circumstances surrounding the violation causes disrespect for the law
and poor relations between the department and the community.  The emphasis of
traffic enforcement is placed on violations that contribute to motor vehicle crashes
and that prevent hazards to vehicular and pedestrian traffic.

III.       PROCEDURES:

            A.        Types of enforcement actions:

                        1.        Warnings:

Officers may issue warnings to a violator whenever a minor traffic

infraction is committed in areas where motor vehicle crashes are
minimal, or when the act may be due to ignorance of a local
ordinance which may be a unique violation or a violation of which the
driver may not be aware.  A properly administered warning can be
more effective than any other type of enforcement.
(OPR.07.01c)
 POLICY & PROCEDURE SERIES #222 Page 2 of 19

                    
  2.       Virginia Uniform Summons (VUS):

                                  A VUS should be issued to a violator who jeopardizes the safe and
efficient flow of vehicular and pedestrian traffic, including hazardous
moving violations or operating unsafe and improperly equipped
vehicles.
           
                        3.         Physical arrest:

Officers will make a physical arrest, in compliance with Virginia

Code in the following circumstances:

                                   a.        Violations of traffic laws pertaining to driving under the

influence of alcohol or other intoxicants.

                                 b.        Whenever a felony has been committed involving a vehicle.

                                 c.        Whenever the operator is licensed by a non-reciprocal state.

                                  d.        When the officer has reason to believe that the person will
not comply with the summons if issued.

            B.         Handling special categories of violators:

                        1.         Non-residents: (OPR.07.03 i)

Officers shall consider use of warnings for non-residents who

commit minor, non-hazardous violations.  If appropriate, given the
type of violation, officers may summons non-residents by issuance
of a traffic summons, provided the violator's home state is a
reciprocal one.    If non-residents are from a non-reciprocal state,
they should be taken directly to a magistrate.

                        2.       Juveniles:

(OPR.07.03 h)

                                   Juvenile traffic offenders are prosecuted in juvenile and domestic

relations court. Officers issuing a traffic summons to a juvenile
offender shall advise them as to their options regarding prepayment
or court appearance and that a parent or guardian must accompany
them when they appear before the court. Juvenile offenders arrested
for driving under the influence of intoxicants or other serious
violations must have a Juvenile Intake Court Referral (Juvenile
 POLICY & PROCEDURE SERIES #222 Page 3 of 19

Petition) completed

                        3.         Foreign/diplomats/families/servants and other consular officials.

                                   a.      Diplomatic immunity is granted by the United States

Government under provisions of the Vienna Convention on
Diplomatic Relations. Generally, these provisions apply to two
classes of immunity:

                                             1.        Diplomats and members of their families enjoy full

immunity;

                                             2.        Employees of diplomatic missions and with respect to

acts performed in the course of their official duties.

                               3.         Refer to P&P 230 for further guidance.

                                    b.      The burden is on the diplomat to claim immunity and show

valid credentials.

                        4.         The Lieutenant Governor and members of the General Assembly
under Title 30.6, Code of Virginia:

                                a.     During the session of the General Assembly and for five

days before and after the session, the lieutenant governor, a
member of the General Assembly, or the clerk thereof, and
their assistants, shall be privileged from custodial arrest except
for treason, a felony, or a breach of the peace.  Officers may
issue traffic summonses for a moving offense or for a DUI
offense.

                        5.         Military personnel:

(OPR.07.03 m)

Military personnel who are first passing through the town may be
treated as non-residents or, if from this area, as residents.

                        6.         Members of Congress: (OPR.07.03 l)

                                   a.       Members of Congress may not be detained for the issuance

of a summons while they are in transit to or from the Congress
of the United States.

                                   b.       If a member of Congress is stopped for a traffic infraction, he

shall, upon presentation of valid credentials, be immediately
 POLICY & PROCEDURE SERIES #222 Page 4 of 19

released.  The officer may then obtain a magistrates

summons for the member of Congress covering the observed
violation and make arrangements to serve the summons at a
time when the member of Congress is not in transit to or from
Congress, or on official business.

            C.        Information regarding traffic summons: (OPR.07.02 a,b,c)

                       The Virginia Uniform Summons will be completed whenever a motorist is to

be charged with a motor vehicle violation.  Officers shall advise drivers of the
following information:
                       
1. Reason for the stop

                       2.        Court appearance schedule

                       3.        Whether court appearance by the motorist is mandatory

4. Prepayment information
                       
IV.       UNIFORM ENFORCEMENT POLICIES FOR TRAFFIC LAW VIOLATIONS:

            A.        Off-road vehicle violations:

                       Consider the degree of hazard, place, and public awareness of statutes. 

See VII. Of this policy for further guidance on off-road vehicle incidents.

            B.         Operating a vehicle with a suspended or revoked license:

                      The officer shall first determine whether the violator has been notified of
suspension/revocation.  If notification has been previously received,
appropriate charges shall be brought against the violator.  If there is some
question as to notification, the officer may issue a warning in addition to a
DMV Notification of Suspension/Revocation Form.  Depending on the
reason for suspension/revocation, the violator’s vehicle may be towed or
impounded.    (OPR.07.03 b)

            C.        Newly-enacted laws and/or regulations:

Normally, a grace period is established during which only warnings will be

given. Thereafter, officers shall use discretion.  Officers may allow a
reasonable period of time, normally:

                        1.         One month before issuing a summons for:

                                  a.       a violation of a newly enacted traffic law;

 POLICY & PROCEDURE SERIES #222 Page 5 of 19

b.      speeding violations in an area which the speed limit has been

reduced.

                        2.         One week after expiration before issuing a summons for:

                                    a.         expired state license tags;

                                    b.         expired state inspection stickers.

            D.        DUI: (OPR.07.03a)

            See VI. of this policy

 E.       Violations resulting from motor vehicle crashes: (OPR.07.03 j)

See P&P 205 MOTOR VEHICLE CRASH INVESTIGATIONS  

 F.       Other hazardous violations: (OPR.07.03 d)

Consider the degree of hazard, place, previous crash history of location,

current directed patrol emphasis.

 G.       Equipment Violations:   (OPR.07.03 f)

 
With only annual inspections required of vehicles, consider issuance of a
summons for any essential equipment defects.

 H.       Public carrier/commercial vehicle violations: (OPR.07.03 g)

Consider congestions, lack of parking, and carrier needs for delivery
access.  Cite for repetitive violations.

 I.         Other non-hazardous violations;

            Consider a warning unless repetitive or flagrant.

 J.        Multiple violations:

May cite all if deemed necessary, but normally pick the most serious
violations and warn on others.
                       
V.        TRAFFIC LAW ENFORCEMENT PRACTICES GENERAL

            A.       Normal traffic enforcement involves patrol by officers who observe and
handle traffic violations during the performance of their normal duties.
 POLICY & PROCEDURE SERIES #222 Page 6 of 19

                        1.      Routine patrol involves traffic enforcement within the normal patrol
boundaries.

                        2.       Selective enforcement involves traffic enforcement with

concentration on a particular section of roadway, at the direction of a
supervisor or Sheriff in response to citizen complaints or repeated
violations.

                       3.        Stationary observation, either covert or overt, may be used as a

technique to make observations about the flow of traffic at a particular
location.  Officers are encouraged, when completing reports or doing
other activities which will keep them out of service for a short while, to
park their patrol vehicles in a conspicuous location where the mere
presence of the vehicle will serve to remind other drivers of the need
for compliance with traffic laws.

            B.         Objectives of traffic stops:

                      There are two major objectives of a traffic stop.  The attainment of these two
objectives depends upon the officer's ability to evaluate the violator's mental
and physical condition, and facts concerning the violation.  This requires a
thorough understanding of human relations and demands flexibility on the
part of the officer. Enforcement procedures shall minimize conflict which
may develop between the officer and violator and assist in achieving the two
major objectives, which are:

                        1.         To take proper and appropriate enforcement action;

                        2.         To favorably alter the violator's future driving behavior.

            C.        Traffic violator/officer relations:

                        1.         Followed in all traffic stops:

                                  a.        Be alert at all times for the unexpected.

                                  b.        Be absolutely certain the observations of the traffic violation

were accurate.

                                  c.        Present a professional image in dress, grooming, language,

bearing, and emotional stability.

                                  d.        Be prepared for the contact by having the necessary

 POLICY & PROCEDURE SERIES #222 Page 7 of 19

equipment and forms, if they are to be used, immediately

available.

                                  e.        Decide on the appropriate enforcement action based upon

the violator's driving behavior, not attitude.  In most cases,
decide on the formal enforcement action before contacting the
violator. Exceptions include stopping an out-of-state driver
committing a violation that would not be a violation in his
jurisdiction, such as right turn on red light.  The officer may
then decide to warn rather than write a citation.

                        2.         Before making a vehicle stop: (OPR.07.04a)

a.       Maintain a reasonable distance between the vehicle and the

police unit.

                                   b.       Locate a safe spot to stop the vehicle.

           
                                   c.        Activate the emergency blue lights and, when necessary,
siren to signal the vehicle to stop.

                                   d.        Advise the dispatcher of the intention to stop the particular

vehicle, giving:

                                             1.         Location of the stop;

2.        Vehicle's license tag number and/or other description

when necessary.
                                               
                                   e.       Officers shall position the police vehicle approximately one-
half to one car length behind the violator's vehicle.  The police
vehicle shall be positioned so that it will offer the officer some
protection from oncoming traffic.  This position shall be two
feet outside and to the left of the violator's vehicle.  This
position provides maximum safety to the violator, the officer,
and all other traffic.

3.        Additionally, when stopping a vehicle in which the occupant(s) is

(are) deemed to present a hazard to the officer's safety:

                                  a.        Request a backup unit, if available;

                                  b.       Train the unit's auxiliary lights (spotlight and take down lights)
on the occupant(s) of the vehicle when applicable;

                                  c.        When necessary use the unit's public address system to give
 POLICY & PROCEDURE SERIES #222 Page 8 of 19

the occupant(s) of the vehicle instructions.

                       
                        4.         Hazards.

                                    a.       On multi-lane roadways, the officer shall ensure the safety of
the violator during the lane changes by gradually changing
from lane to lane with the violator until the right side of the
roadway is reached.

                                    b.      Should the violator stop abruptly in the wrong lane or in

another undesirable location, the officer shall direct him to
move to a safer location.  Officers shall use the public address
system to instruct violators to move to a safer location.  If the
officer's oral directions and gestures are misunderstood, the
officer shall quickly leave the patrol vehicle and instruct the
violator.

                        5.        Approaching the violator. (OPR.07.04b)

                                  The following steps in stopping and approaching a traffic violator are

intended to provide maximum safety for the officer, the violator, and
other users of the roadway.  Varying conditions regarding the
engineering of the particular traffic way, the urgency to stop the
violator (drinking driver), and the existing volume of traffic may require
adjusting or altering the recommended procedure.  Under ideal
conditions, follow these procedures if possible:

                                  a.       The officer shall leave the patrol vehicle and be continuously

alert for any suspicious movement or actions on the part of the
violator or other occupants in the violator's vehicle.

                                  b.        The officer shall approach from the rear of the violator's car,
looking into its rear seat and stop behind the trailing edge of
the left front door.  This position shall be maintained if there
are only occupants in the front seat of the vehicle.  From this
position, the officer can communicate with the violator,
keeping him in a slightly awkward position and at the same
time keep all occupants of the vehicle in view.

                                  c.         In cases where the violator's car has occupants in both the
front and rear seats, the officer can approach to the leading
edge of the left front door, alert for any unusual actions on the
part of the occupants and choosing a path so the door cannot
be used as a weapon against the officer.  From this position,
the officer can communicate with the violator and keep all
 POLICY & PROCEDURE SERIES #222 Page 9 of 19

occupants in view.

                                  d.        At night, officers shall exercise caution in selecting an

appropriate place for the traffic stop, signaling the violator, and
positioning the police vehicle.  After the stop, the head lights
shall be on low beam for the safety of oncoming traffic, and
emergency bar lights and emergency flashers in use on the
patrol vehicle (as well as during the day).

                                  e.       Officers may, based on safety considerations, find that a right
side vehicle approach may offer greater protection from
approaching vehicles in addition to adding an element of
safety from vehicle occupants.

                        6.      Communicating with the violator.

                                  When conducting law enforcement action with the violator, the

officer shall observe the following rules.

                                  a.       Greet the violator courteously with an appropriate title.

b.       Inform the violator what traffic law he has violated and the
intended enforcement action (the violator shall not be kept in
suspense). Do not ask, “Do you know why I am stopping you”.

                                   c.       Ask for the violator's driver license and vehicle registration,
and accept only these forms.  If the driver offers money, the
officer shall refuse the money and advise the driver of the
illegality of the offer.

                                   d.       If the driver has no driver's license, obtain another document

of identification.

                                   e.       Allow the driver to discuss the violation.  Do not argue with,
berate, belittle, or otherwise orally abuse the violator.

                                   f.        Complete the forms required for the enforcement action

taken or exercise an oral warning, if appropriate.

                                  g.       Explain to the violator exactly what he is supposed to do in

response to the action taken and how this action will affect
him.

                                   h.      If the enforcement action requires a court appearance, make

sure the violator knows where and when to appear.  Explain
any alternatives to the violator, but do not predict the actions of
 POLICY & PROCEDURE SERIES #222 Page 10 of 19

the court.

                                   i.        Be alert to any emotional stress exhibited by the driver.  If

stress is present, the instructions may have to be repeated or
the violator may need to calm down before resuming driving.
                       
                                  j.          Return the violator's driver's license, registration, and any
forms (pre-payment form, proof of insurance, etc.)

                                  k.         Release the violator after he/she:

           
                                                (1) Signs the summons, and

                                                (2) Receives a copy of the summons.

                                  l.         Assist the violator in safely re-entering the traffic flow.

                                  Do not follow the violator.

            D.        Stopping a known or suspected felon:

                       Special procedures shall be used in vehicle stops when the occupants are
known to be armed and dangerous.  When a vehicle driven by a known or
suspected felon is located by an officer, he or she shall notify the dispatcher
immediately of location and give a thorough description of the vehicle and its
occupants.  The officer will keep the suspect vehicle in view and request
sufficient assistance in making the stop.

                       The officer will keep support units informed of the location and direction of
travel to aid their approach with minimal use of emergency equipment.  The
suspect vehicle will not be stopped unless absolutely necessary until
adequate support is available and in position.  Circumstances may,
however, dictate a one-officer felony vehicle stop.

                        The following procedures will be used in effecting the stop:

                        1.       The officer will plan to stop the suspect vehicle in a location which
presents minimal danger to other citizens.

                        2.       When conditions are appropriate and support units available, the
officer will move into position to the rear of the suspect vehicle.

                        3.      The officer will signal the violator to stop, using all emergency
equipment to warn other traffic.

                        4.       The violator will be stopped on the extreme right side of the road.
 POLICY & PROCEDURE SERIES #222 Page 11 of 19

                        5.        If the violator is known to be armed and dangerous, the officer will
have his weapon easily accessible and ready for immediate use.

                        6.      When the suspect vehicle begins to stop, the officer will turn off the
siren and turn on the public address system if the situation warrants.

                       7.       The officer will park the police vehicle so that it provides maximum
protection and cover.

                       8.        At night, the officer shall focus all lights on the interior of the suspect
vehicle.

                      9.        The officer will take a position of cover/concealment remaining

accessible to the public address system microphone.

                       10.      The officer making the stop is in command of the situation. Once

suspects are stopped, the officer shall order the driver to shut off the
motor and drop the keys on the ground outside the door.  Next, the
officer shall order occupants to place their hands, palms up, on the
ceiling of the vehicle.  Vehicle occupants will then be ordered to exit
the vehicle one at a time.  Occupants will then be directed as the
situation dictates and provides the greatest degree of safety to
officers and the public.

11.      If a public address system is not available, the officer will give voice
commands if they can be heard; if this fails, the officer will cautiously
approach the vehicle, keeping all occupants in view, to a point where
he can be heard.

                        12.    To reduce confusion, the officer will instruct support officers, as
appropriate, and will be the only officer to direct the suspects.

                        13.    The support officers will cover the arresting officer until all occupants
are in the search position.

                        14.     Officers shall exercise extreme caution not to get within each other's
line of fire.

                        15.     When all occupants have been removed from the vehicle, the
support officers shall move to cover the arresting officer while the
persons are searched. Extreme caution shall be executed to ensure
no one is hiding in the suspect vehicle.

                        16.     Arrestees will be searched and handcuffed before transportation.

 POLICY & PROCEDURE SERIES #222 Page 12 of 19

            E.         Persons charged with revoked/suspended operator's license:

                        1.       The Virginia Uniform Summons (VUS) may be issued when an

officer has stopped a vehicle and identified the driver as driving with a
revoked or suspended operator's license (Virginia Code 46.2-301).

                        2.      An officer who sees a person driving who is known to be under
suspension or revocation may swear out a warrant if not able to stop
the violator.

            F.         Speed enforcement:

                      Excessive speed is the second greatest cause of death and injury on the
American highways.  An officer shall uniformly enforce speed laws within the
County of King William.  Procedures for the enforcement of laws applying to
speed will vary in accordance with the type of equipment used.
(OPR.07.03 c)

                        1.         Pacing:

                                  The officer shall follow the vehicle being paced at a constant interval
for a distance adequate, normally two or more blocks, to obtain a
speedometer reading.  Speedometers must be calibrated at least
every six months and calibrations filed with the clerks of the District
and Juvenile Courts.

                        2.         Radar:

                                  The following guidelines govern the use of radar, which will always
be operated in compliance with manufacturer's instructions.  All
departmental radar units meet current NHTSA standards.

                                 a.      The officer must be certified in the proper use of radar.

                                 b.       The radar unit must be properly installed in the vehicle and

connected to the appropriate power supply.

                                 c.        Operators must thoroughly understand the effective range of

the radar unit so observations can support the speed meter
readings.

                                 d.       The operator must choose an appropriate location in

accordance with the directions of his supervisor relative to
motor vehicle crashes in which speed has been identified as a
contributing cause.  The location must also be conducive to the
effective and safe operation of radar.
 POLICY & PROCEDURE SERIES #222 Page 13 of 19

                                  e.        The radar unit shall be properly calibrated to ensure accuracy

in checking speed.  The operator must follow the
manufacturer's recommended specific methods of checking
calibration without exception.  Any problems with the operation
of radar units or apparent malfunction shall be promptly
reported to a supervisor.

                                    f.        In court, officers must establish the following elements of

radar speed:

                                            (1)       the time, place, and location of the vehicle, the identity
of the operator, the speed of the vehicle, and the visual
and radar speed check;

                                            (2)      officer qualifications and training in use of radar;

                                            (3)      proper operating of radar unit;

                                            (4)       that the unit was tested for accuracy before use
and after use by an approved method;

                                            (5)       identification of the vehicle;

                                            (6)        speed limit in the zone in which officer was operating

and where the signs were posted.

                                    g.      The Sheriff or his designee is responsible for the proper care
and upkeep, maintenance, and calibration of radar units,
maintenance of records, and that appropriate certificates are
filed with the clerks of District and Juvenile Courts.

VI.       DUI ENFORCEMENT PROCEDURES

            A.        General:

                        Various courts have interpreted driving under the influence to mean that
the ability to operate a motor vehicle is reduced or impaired by the
consumption of alcoholic beverages or other drugs.  It does not imply that
the operator of a motor vehicle be in a state of alcoholic or drug-induced
stupor or be entirely incapable of exercising physical control of his vehicle. 
Driving under the influence of intoxicants is an offense generally associated
with leisure-time activity.  Consequently, most arrests are made during the
evening hours or in the early morning hours after taverns close or social
gatherings end.  Although the intoxicated driver may be observed any day of
 POLICY & PROCEDURE SERIES #222 Page 14 of 19

the week, weekends and holidays reflect an increase of offenses and

arrests.

            B.       Laws:

                       It is unlawful for any person to drive or operate any motor vehicle, engine,
or train while under the influence of alcohol, or while under the influence of
any narcotic drug of any nature.  The term motor vehicle shall include pedal
bicycles with helper motors (Mopeds), while operated on the public
highways of this State (Virginia State Code 18.2-266 and 18.2-268[j].

            C.       Responsibilities:

                       Each officer shall be alert for suspected DUI offenders, both on patrol and
in selective enforcement areas.  He/she shall use standardized roadside
sobriety tests. In addition, the alco-sensor shall be offered to each suspected
driver.

            D.        Intoxilyzer:

                        1.       The security, care, and maintenance of the intoxilyzer and all
physical evidence obtained from DUI is every officer's responsibility.

                        2.      The regulations of the Virginia State Division of Forensic Science

state: "The breath test device must be stored in a clean, dry location
which is only accessible to an authorized licensee for the purpose of
actually administering a breath test, preventative maintenance check,
or other official uses."

                       3.        The term licensee shall mean a person holding a valid license from
the Virginia State Division of Forensic Science pursuant to Section
18.2-268 of the Code of Virginia.

                        4.       The intoxilyzer is located at the Sheriff’s Office, in the processing
room.

            E.         Field Sobriety tests:

                        1.       There are three approved “Standardized Field Sobriety Tests”. 

They are:

                                    a.         Gaze nystagmus (only if properly certified).

                                    b.         Walk and turn.
                                    c.         One-legged stand.
                                   
                                  
 POLICY & PROCEDURE SERIES #222 Page 15 of 19

The standardized field sobriety tests must be executed in accordance

with the guidelines established by the National Highway
Transportation Safety Administration.

                                  Officers may employ additional tests as recognized by local courts,

but they must be performed in the same order and manner every
time.

                        2.       If the operator does not successfully complete roadside test, an
alco-sensor shall be offered to the operator (Code Section 18.2-267). 
The operator may refuse the alco-sensor test, and must be advised
of his/her right to refuse.

                        3.        If the officer finds probable cause that the operator is intoxicated as
defined by Virginia statute, he/she shall be arrested for driving under
the influence and taken before the magistrate.

                        4.        If an officer suspects that the vehicle operator was driving under the
influence of both alcohol and drugs, or drugs alone, he may require
the operator to have a blood test performed in addition to testing for
alcohol.  Blood samples shall be analyzed by the Division of Forensic
Science for evidence of alcohol and for various illegal, prescription,
and over-the-counter drugs.

                        5.       The officer shall make a full written report of the circumstances of
the DUI arrest, formation of probable cause, and witnesses'
observations.
           
            F.         Arrest:
           
                        The arresting officer shall:

                        1.       Advise the arrestee that any person, whether or not licensed by
Virginia, who operates a motor vehicle in this state gives implied
consent to have a sample of his blood or breath taken for a chemical
test to determine the alcoholic content of this blood or for the
presence of drugs if such person is arrested for violation of 18.2-266
within three hours of the alleged offense.
                                   Implied Consent “Consequences of Refusal” Form must be read by
the officer and appropriate box shall be checked.  The form must then
be signed and dated by the officer. 

                        2.        If the arrest occurs as a result of operation of a motor vehicle on

private property, the Implied Consent Law (18.2-268.2) does not
apply.  This shall not preclude the arresting officer from attempting to
obtain consent from the arrested person to submit to a chemical
 POLICY & PROCEDURE SERIES #222 Page 16 of 19

analysis of his blood or breath.  Officers requesting blood or breath

samples under these conditions are conducting a custodial
interrogation. Therefore, the arrested subject shall be advised of his
Miranda warnings before consent is requested.  The officer shall
make all reasonable attempts to obtain a breath sample.

                                  a.        Miranda is not required before the driver takes sobriety tests,

or otherwise before questioning.

                        3.      The breath test shall be the prescribed method of analyzing blood
alcohol content (BAC) unless physical disabilities/injuries preclude it,
or if it is unavailable. If the preceding circumstances exist, then a
blood test shall be used to determine BAC.

                        4.       If the arrestee refuses the available test, advise him that
unreasonable refusal of the test constitutes grounds for the
revocation of the privilege of operating a motor vehicle in Virginia,
and that a separate charge shall be placed to which he will have to
answer in General District Court.
                     

            G.        Blood test procedure:

                        1.       Take the arrested person to a physician, registered professional

nurse, graduate laboratory technician or other technician designated
by order of the Circuit Court acting upon recommendation of a
licensed physician, who will withdraw blood for the purpose of
determining its alcoholic content and drugs.

                        2.       The arresting officer shall also witness the doctor or technician
taking the blood sample and ensure that an alcohol solvent is not
used to cleanse the withdrawal location.  The officer shall initial the
vial labels (on two vials) before the doctor or technician seals the vials
in their containers.  The initial shall be placed on the label where it will
not interfere with the date written by the doctor or technician who took
the blood sample.

                                    a.     The medical person taking the sample will place the name of
the medical person taking the sample and the name of the
accused on the label of each vial with the date and time the
blood was taken.

                                    b.     Once sealed, the arresting officer shall take possession of the
Biological Specimen Kit.  The officer shall, before the end of
the tour of duty, log the kit as evidence for submission to the
Department of Forensic Science.
 POLICY & PROCEDURE SERIES #222 Page 17 of 19

                                               

                        H.        Breath analysis:

                                    1.      Chemical analysis of a person's breath shall be performed by

anyone possessing a valid license, issued by the Virginia
Department of Forensic Science.  This may include the
arresting officer or anyone participating in the arrest.  In the
event the intoxilyzer machine is inoperable or a licensed
operator is not available, this test is deemed not available.

                                    2.     The type of equipment and the methods used to perform

breath analysis shall be in accordance with the regulations of
the Virginia Department of Forensic Science.

                                    3.     The testing officer shall issue a certificate of breath alcohol

analysis (DFS-70-018) which shall indicate that the test was
conducted in accordance with the manufacturers'
specifications, the equipment on which the test was conducted
has been tested in the last six (6) months and was found to be
accurate, the name of the accused, the date, the time the
sample was taken from the accused, the alcohol content of the
sample, and by whom the sample was examined.

                                    4.      The certificate of breath alcohol analysis (DFS-70-018) is a

three-copy form.  The forms shall be handled as follows:

                                               a.      White copy, original, shall be given to the magistrate

to be forwarded to the General District Court along with
the VUS and warrant.
                                               
                                               b.      The second or green copy will be given to the
arrested person.

                                                c.     The third or yellow copy is for department use and is

to be signed by the violator and forwarded to the office
manage for inclusion into the case file for a period of
one year, after which it may be destroyed.

                        I.          Motor Vehicle Crash Investigations:

                         Officers shall take steps to:

                                    1.       Identify witnesses who may have seen the suspect

operating a motor vehicle.
 POLICY & PROCEDURE SERIES #222 Page 18 of 19

                                    2.      Question the witnesses as to the suspect's condition, actions,

and statements immediately before and after the crash.

                                    3.     Establishing a time lapse from the time of the crash to the
time of arrest.

                                    4.      Question the witnesses and the suspect as to what, if

anything, the suspect ingested between the time of the crash
and the officer's arrival.

VII.     SPECIAL TRAFFIC PROBLEMS:

            A.       Identification and referral of driver recommended for re-examination to the

Department of Motor Vehicles:

                       During routine traffic law enforcement activities, officers frequently

encounter persons whom they suspect of being incompetent, physically or
mentally disabled, or having other conditions that might prevent the person
from exercising reasonable and ordinary care over a motor vehicle.  In all
such cases, in addition to whatever enforcement he or she may take, the
officer shall have a report number assigned to accompany the Medical
Review form for review by the Sheriff. Upon approval by the Sheriff, the
Medical Review Form shall be submitted to the Department of Motor
Vehicles.

            B.         Pedestrian and bicycle safety: (OPR.07.03 k)

                        1.       The Sheriff shall review the traffic accident records at least annually
to determine what enforcement actions are needed to provide a
proactive pedestrian/bicycle safety enforcement program.  The
Sheriff may recommend to officers enforcement measures including
steps to:

                                    a.      reduce or eliminate human environmental factors leading to

accidents;

                                    b.      reduce or eliminate the behavior, decisions and events that

lead to the accidents.

            C.        Off-road vehicles (including dirt bikes, ATV’s, snowmobiles and mopeds):
(OPR.07.03 e)

                        1.      Accidents involving off road vehicles that do not occur on a public
highway do not require a traffic accident report.  If the responding
officer finds it convenient, he or she may complete an accident report,
 POLICY & PROCEDURE SERIES #222 Page 19 of 19

State Form FR 300 P, and attach it to the offense report.

                        2.       Any officer observing an unlicensed off-road vehicle on the

highways that cannot be operated legally on public highways shall
order it removed, and enforce appropriate laws.

3.        Officers shall enforce compliance with vehicle registration laws as

they pertain to off-road vehicles.

                       4.       Officers shall enforce laws, rules, and regulations concerning the
operation of off-road vehicles on public-owned trails, parks, or
property.

            5.        Officers shall enforce traffic-way crossing rules and regulations

 POLICY & PROCEDURE SERIES #223 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
TRAFFIC CONTROL 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.08b-g
OPR.07.09b
OPR.07.11a-e

I. PURPOSE:

The purpose of this general order is to establish uniform procedures for the
provision of traffic direction and control, traffic engineering, and ancillary traffic
services.

II. POLICY:

The department performs traffic functions such as traffic control, parking control,
emergency assistance, provides motorist information, identifies and reports
hazards, checks abandoned vehicles, recovers stolen vehicles, and provides traffic
safety information and recommendations. The general public relies upon the police
for assistance and advice when faced with the many routine and emergency traffic
situations which can and do develop in an urban society. Often there is no other
private or public agency available to provide such services. Therefore, the police
regularly respond to traffic related incidents where an arrest probably will not be
made or where unlawful activity is not involved. Traffic control and services are
such cases. The department expects officers to perform these services diligently
and responsibly, mindful of the expectations of the community.

III. PROCEDURES:

A. Methods of manual direction of traffic: (OPR.07.08b)

1. When an officer is directing traffic, he or she knows and uses

standardized, appropriate gestures and audible signals to stop, start,
and turn traffic.

2. To indicate that the officer is present for the purpose of directing

traffic, he or she shall:

a. turn the signal light (if there is one) to blink or flashing;

b. position self to be seen clearly by all, usually in the center of

POLICY & PROCEDURE SERIES #223 Page 2 of 6

the intersection or street;

c. stand straight with weight equally distributed on both feet;

d. have hands and arms at his sides except when gesturing;

e. stand facing or with back to traffic which has stopped and with
sides to traffic he or she has directed to move.

f. wear reflective vest/clothing at all times.

(OPR.07.08g)
3. How to stop oncoming traffic:

a. To stop traffic, the officer shall first extend an arm and index
finger toward and look directly at the person to be stopped
until he or she is aware of the officer's gesture.

b. The pointing hand is raised at the wrist so that its palm is

toward the person to be stopped, and the palm is held in this
position until the person stops. To stop traffic from both
directions on a two-way street, the procedures are then
repeated for traffic coming from the other direction while
continuing to maintain the raised arm and palm toward the
traffic previously stopped.

4. How to start traffic:

a. The officer shall first stand with shoulder and side towards the
traffic to be started, extend the arm and index finger toward
and look directly at the appropriate driver until he or she is
aware of the officer's gesture.

b. With the palm up, the pointing arm is swung from the elbow
only, through a vertical semi-circle until the hand is adjacent to
the chin. If necessary, this gesture is repeated until traffic
begins to move. To start traffic from both directions on a two-
way street, the procedure is then repeated for traffic coming
from the other direction.

B. Signaling aids:

1. A whistle may be used to get the attention of the drivers and

pedestrians. It is used as follows:

a. One long blast with a STOP signal.

POLICY & PROCEDURE SERIES #223 Page 3 of 6

b. Two short blasts with the GO signal.

c. Several short blasts to get the attention of a driver or

pedestrian who does not respond to a given signal.

2. The voice is seldom used in directing traffic. Arm gestures and the
whistle are usually sufficient. Oral orders are not easy to give or
understand and often lead to misinterpretations which are dangerous.
An order which is shouted can antagonize the motorist. Occasionally
a driver or pedestrian will not understand the officer's directions.
When this happens the officer shall move reasonably close to the
person and politely and briefly explain his directions.

3. Use of flashlight with illuminated cone or baton:

a. To stop a driver with the baton, the officer shall face the
oncoming traffic, hold the baton in the right hand, bend the
right elbow, hold the baton vertically, then swing the baton
from left to right through an arc of approximately 45 degrees.

b. The GO and LEFT TURN directions are the same gestures as

those previously described except that the baton acts as an
extension of the hand and index fingers. Signals and
directions given with the aid of the baton shall be exaggerated
and often need to be repeated because of poor visibility.

4. A flashlight alone can also be used to halt traffic, but less effectively
and safely than with cone attachment. To stop traffic, slowly swing
the beam of the light across the path of oncoming traffic. The beam
from the flashlight strikes the pavement as an elongated spot of light.
After the driver has stopped, arm signals may be given in the usual
manner, the vehicle's headlight providing illumination.

C. Temporary Traffic Control Devices:

At any major scene, fire, traffic accident, etc. or parade, carnival or festival, a
supervisor may request the dispatcher on duty to have the public works
department respond with barricades, detour signs, temporary yield or stop
signs, etc. to control traffic direction. (OPR.07.08f)

D. Manual operation of traffic control devices:

On occasion, officers must manually operate traffic control signal lights,

normally either to attempt to recycle a signal light or to place the signal lights
on flash or blink. Officers shall manually control traffic control devices only in
the following situations:
POLICY & PROCEDURE SERIES #223 Page 4 of 6

1. When traffic lights malfunction;

2. To facilitate movement at traffic accidents or other emergencies;

3. To provide a thoroughfare for a motorcade or funeral procession;

4. To alleviate congestion resulting from use of automatic controls

particularly during planned, special events. (OPR.07.08e)

E. Special event traffic control:

For any other special event, the Sheriff or his designee shall ensure the
preparation/implementation of a special traffic plan which addresses:
ingress and egress of vehicles and pedestrians; provisions for parking,
spectator control; public transportation; assignment of point control duties
and reliefs; alternate traffic routing; temporary traffic controls and parking
prohibitions; emergency vehicle access; and appropriate media coverage of
such plans.

F. Traffic control at fire scenes:

Officers responding to the scene of a fire call shall observe the following
rules regarding traffic control:

1. No vehicles, with the exception of fire department/EMS personnel,

shall be allowed to drive into the block where the fire apparatus is
parked and operating.

2. When possible, officers responding to assist fire units will establish

and maintain a perimeter to facilitate the access of units to the scene.

3. No vehicles shall be allowed to cross fire hoses without the approval

of the fire chief or his designee.

4. In cases of fires at a facility, no vehicles, excluding those of fire/EMS

personnel, shall be allowed on the grounds.

5. The exception to the rules above shall be life-saving vehicles on

actual calls for services.

6. Parked vehicles which interfere with fire operations may be towed as

needed. (OPR.07.08c)

G. Traffic control during adverse road and weather conditions:

POLICY & PROCEDURE SERIES #223 Page 5 of 6

1. The Sheriff may, depending on the severity of the conditions, notify

the local radio stations, public works, or fire department of adverse
road conditions that affect the motoring public.

2. The Sheriff may close a street if, in his opinion, the surface conditions
and terrain are unusually hazardous. In this event, he may request
assistance from the appropriate agency in alleviating the problem and
request public service radio announcements be made concerning the
closure.

3. The Sheriff may request dispatchers to notify the proper utility

company and assign officers to direct traffic and safeguard
movement at the scene of all downed power lines, broken gas or
water mains or at construction sites, when the situation endangers
the safe movement of traffic.
(OPR.07.08d)

H. Funeral Escorts: see P & P 202; Patrol Operations

I. Traffic ancillary services:

1. Stranded or disabled motorists:

a. Officers shall provide reasonable assistance to motorists. This

may include requesting the dispatcher to call wreckers or
obtaining other services as needed. Time and duty permitting,
the officers may assist stranded and disabled motorists to
obtain fuel and repairs, but officers are not required to perform
the repairs personally.

b. Under normal circumstances, police vehicles shall not be used

to jump start or push non-government-owned vehicles.

c. Officers shall be aware of possible dangers to motorists who

are stranded in isolated areas and hazardous locations on the
highway, and shall take steps to reduce these threats by
transporting motorists to safer locations or setting out flares to
warn other motorists. (OPR.07.11a,b,c)

d. If the officer must leave the scene before the arrival of

requested assistance, he shall request that another unit (if
available) check the area and provide assistance or protection.

e. Officers shall be familiar with the area and be able to provide

directions to various locations within the town and county.
POLICY & PROCEDURE SERIES #223 Page 6 of 6

2. Highway emergencies:

Officers arriving at the scene of any highway emergency shall

request the dispatcher to obtain necessary services and then provide
emergency First Aid, fire suppression, and obtain additional
assistance as the situation requires, pending arrival of appropriate
emergency services.
(OPR.07.11d)

3. Emergency escorts:

a. Officers shall not provide escort to other emergency vehicles.

Officers may direct traffic at intersections to expedite the
movement of other emergency vehicles.

b. Officers are prohibited from escorting civilian vehicles.

(OPR.07.09b)

4. Procedures for reporting road hazards and debris:

a. An officer locating hazardous debris in the roadway shall

remove it or request the dispatcher to notify public works to
have it removed from the road to a safe location.

b. Officers shall report all highway defects to the dispatchers and,

in turn, dispatchers shall contact VDOT as soon as the
situation dictates.

c. Requests or suggestions for additional or new highway safety

features shall be forwarded through the chain of command to
the Sheriff who will forward the request to the appropriate
department or agency, if the situation warrants. These
requests shall specify the services or actions requested and
the location.
(OPR.07.11e)
 POLICY & PROCEDURE SERIES #224 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
NALOXONE (NARCAN) 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. POLICY:

The King William Sheriff’s Office endeavors to protect its officers from inadvertent
exposure to controlled substances such as heroin and fentanyl while handling and
interviewing prisoners and packaging evidence. Officers must receive required training
before being authorized to deploy Naloxone.

II. PURPOSE:

The purpose of this order is to establish procedures for King William Sheriff’s
Deputies governing the use of Naloxone pursuant to the Code of Virginia and any
other applicable law.

III. PROCEDURES:

The primary use of the Naloxone issued to Deputies of the King William Sheriff’s
Office is to provide rapid first aid to agency personnel accidentally exposed to
opiates in the course of their duties. If, however, a citizen becomes overcome by
opiate exposure the Naloxone may be administered to that person by trained
personnel. In all instances Fire/Rescue shall be summoned immediately to
assume patient care and transport.

A. Training:

1. Any sworn officer must receive appropriate training in the maintenance,

use and administration of Naloxone prior to administering the medication.

2. Training shall include a review of the Code of Virginia authorizing and

governing the use of Naloxone.

3. An appropriately trained and certified instructor must conduct this training

POLICY & PROCEDURE SERIES #224 Page 2 of 3

as required by Code and as developed by the Virginia Board of Pharmacy.

4. The Sheriff shall designate the evidence custodians as the Naloxone

program coordinators. The evidence custodians shall be responsible for
scheduling training.

B. Evidence Custodians shall:

1. Maintain a sufficient supply of Naloxone within the Sheriff’s Office;

2. Ensure the proper training of those authorized to use Naloxone:

3. Be responsible for the removal of any expired Naloxone from the agency’s
inventory;

4. Be responsible for all records pertaining to training.

A. Naloxone use: Before any agency personnel deploys Naloxone the

following facts must be considered:

1. Agency personnel shall maintain universal precautions.

2. Agency personnel shall perform a patient assessment based on their

training in first aid and CPR.

3. As part of the assessment, agency personnel shall speak with any by-
standers, if appropriate and scan the area for any indication of opiate
exposure.

4. Agency personnel shall determine the patient’s level of alertness, check

for signs of life and determine if breathing is depressed.

5. Notify dispatch that the patient is in a potential overdose state and request
Fire/Rescue be dispatched to the scene and/or verify that they are
enroute.

6. Administer Naloxone as trained.

B. Maintenance/Replacement:

1. The evidence custodians shall conduct periodic inspection of the

Naloxone kits.

2. Any missing/damaged/expired Naloxone kits will be reported to the

evidence custodians.
POLICY & PROCEDURE SERIES #224 Page 3 of 3

3. The evidence custodians shall replace any missing items in the kit or pull
the kit from service. The primary evidence custodian shall replace the kit.

C. Records/Documentation

Any time that agency personnel administer Naloxone that person shall notify dispatch of
the use, number of doses administered and ask that it be indicated in the call
comments. The agency personnel administering the Naloxone shall complete an
incident report. The report shall include the nature of the incident, the care received by
the patient, including the deployment of Naloxone, the result of that deployment and any
additional information. This report shall be forwarded through the chain of command
and shall be filed and maintained confidentially by the Sheriff.
 POLICY & PROCEDURE SERIES # 225 PAGE 1 OF 19
SUBJECT EFFECTIVE DATE
JUVENILE PROCEDURES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.04.01
OPR.04.02a-c
OPR.04.03a-f

I. PURPOSE:

To establish guidelines and procedures for handling juveniles who are in need of
protection, in violation of status offenses, and those charged with criminal offenses.

II. POLICY:

The King William County Sheriff’s Office is committed to the development and
perpetuation of programs designed to prevent and control juvenile delinquency.
The department's interests concerning juvenile offenders reflect those of the
community: to prevent and control juvenile delinquency. The department expects
officers to handle juveniles consistent with common sense and the dictates of state
law. The department's policy includes the identification, apprehension, and
conviction of juveniles charged with crimes. The best interests of juveniles and the
community, however, dictate a limited application of our arrest powers against
juveniles who are charged with status offenses. Accordingly, officers may handle
errant juveniles informally, particularly status offenders, those in need of protection,
and those suspected of committing minor criminal offenses. The authority to carry
out the provisions of this order derive from Virginia Code Sections 16.1-246, 16.1-
247, and 16.1-299. In case of minor or status offenses, officers should divert
juveniles from the formal criminal justice process, and instead choose community
referral.
(OPR.04.01)

III. DEFINITIONS

Child, Juvenile, Minor: A person who is less than eighteen years of age.

Status Offender: A juvenile who commits an act which is unlawful only if committed
by a juvenile, i.e., (1) a juvenile who is subject to compulsory school attendance but
is habitually absent without justification (truant); (2) a juvenile who is habitually
disobedient to the lawful commands of parents or other responsible persons
(incorrigible); (3) a juvenile who remains away from or who habitually deserts or
 POLICY & PROCEDURE SERIES #225 Page 2 of 20

abandons the family (runaway).

Delinquent Acts: Acts designated as a violation of a law of the Commonwealth of

Virginia or an ordinance of any city, county, town or federal law, but not to include
status offenses.

Delinquent Child: A child who has committed a delinquent act or an adult who had
committed a delinquent act prior to his/her 18th birthday.

Intake Officer: A juvenile probation officer who is designated by law as having the
quasi-judicial authority to decide probable cause, divert or petition the court and
leave a detention or shelter care order.

Juvenile Court: The name by which the Juvenile and Domestic Relations District
Court is often called. This court is responsible for the judicial processing of juvenile
offenders, and the determination of abuse and neglect cases. As a result, the
judge of this court decides the propriety and legality of police handling of juveniles.

All juvenile offenses occurring in the county of King William are heard in the King
William County Juvenile and Domestic Relations Court. Officers are expected to
appear to prosecute their cases.

Person Acting for a Parent: A teacher, relative over the age of eighteen, or any
adult willing to accept the responsibility for the juvenile.

IV. PROCEDURES - GENERAL:

A. Overview.

1. All members of the department shall cooperate with juvenile justice

and support activities. Department policies regarding juvenile
operations shall be provided to local juvenile court personnel for their
review and comments and suggestions as to ways our procedures
can be improved.

2. All department personnel must thoroughly understand and practice

the provisions of this order.

B. Handling of juvenile offenders - general.

1. A juvenile offender shall be handled with firmness and respect: this

sets the tone for the entire processing of the juvenile's case. The
contact a juvenile has with the police is his or her first impression of
POLICY & PROCEDURE SERIES #225 Page 3 of 20

society's enforcement system. The deputies proper handling may

prevent the recurrence of anti-social behavior. A deputies warning is
often all that is required to keep the juvenile from having to appear in
juvenile court. Improper handling often creates the mistaken but
lasting impression that all police officers and other government
officials are unfair, untrustworthy, and inflexible, and may result in the
juvenile's complete rejection of lawful authority.

2. The juvenile justice system and laws are designed to give the child a
chance to mature without bearing the stigma of a criminal record.
The juvenile justice system emphasizes confidentiality of records and
the privacy of an adjudicatory hearing. Terms such as "take into
custody" and "not innocent" substitute for "arrest" and "guilty" to avoid
giving the juvenile's behavior a criminal label. Where appropriate,
officers shall reasonably try to keep juveniles out of the criminal
justice system.

C. Guidelines for informal or formal handling:

1. The officer may handle a juvenile either informally or formally.

Informal handling is managing a situation by releasing the juvenile
under warning to a parent or guardian. This requires either the
parent picking up the child or the officer taking the child home and
informing the parents of the alleged offense. Formal handling occurs
when the juvenile is brought before the juvenile court or an intake
officer for further processing and deciding the proper disposition.

2. In making the decision to handle either informally or formally, the

officer shall consider the following:

a. seriousness of offenses;

b. prior record of child;

c. age of youth;

d. cooperation and attitude of all parties (child, parent, victim)

and the possibility of the offense being repeated;

e. degree of wrongful intent, violence, premeditation, knowledge

of violation;

f. likelihood that the child or parent can be successful referred to

a helping agency.

Broadly speaking, two alternatives exist for handling juveniles:

POLICY & PROCEDURE SERIES #225 Page 4 of 20

D. Informal handling: (OPR.04.02a)

1. Informal handling includes the officer's use of the following measures.

a. Warning and releasing to a parent or guardian.

b. Requiring the parents to pick up the juvenile.

c. Taking the youth home and informing the parents of the

reasons for his being picked up.

d. Referring the family to a community social service agency.

e. When handling the juvenile informally, the deputy must ensure

that the parents are notified.

2. Notes on informal handling:

a. When handling informally, the officer shall complete an

information report. This provides the department and juvenile
court with a means of charting the juvenile's behavior patterns.

b. A juvenile's right of privacy must be respected. Guidelines for

discussions of this type of case should be strictly observed,
and information gained should be provided to others only on a
"need to know" basis.

c. When the deputy encounters a victim/complainant who

demands to bring a child before the juvenile court, and the
officer wishes the matter handled informally, the officer shall
contact the intake officer for assistance.

d. When he or she is being handled informally, the juvenile has

all the constitutional rights that an adult would have in the
same situation.

e. If deputies handle a case informally, they may still follow-up

the case at a later time or, at any time, refer the juvenile and
his parents to an appropriate social service agency.

3. Sample offenses for informal handling:

Generally, first instances of the following types of offenses shall be

handled informally; however, the list is not complete and deputies
good judgment is important.
POLICY & PROCEDURE SERIES #225 Page 5 of 20

a. Runaways.

b. Annoying telephone calls.

c. Creating a nuisance.

d. Possession of Tobacco

e. Curfew violation and other status offenses (more specific

discussion of status offenses follows).

4. Philosophy of informal handling.

When handling a case informally, the officer shall keep in mind that
the objective of the juvenile justice system is to rehabilitate rather
than punish. Keeping the child in the patrol car discussing the case
for an inordinate length of time will appear to the juvenile to be
punishment, and might be unconstitutional or illegal. Officers shall
decide without delay whether formal or informal handling is in order,
then apply the appropriate guidelines of this order.

E. Formal handling: (OPR.04.02c)

1. Formal handling occurs when the juvenile is taken before the juvenile
court or intake officer for their decision on the proper disposition.

2. Generally, the following situations require formal handling of the

juvenile.

a. Delinquent acts that if committed by an adult would be

felonies.

b. Delinquent acts involving weapons.

c. Delinquent acts involving aggravated assaults and batteries.

d. Delinquent acts committed by juveniles under probation or

parole or with a case pending.

e. Delinquent acts that are repeated.

a. Possession of Alcohol

b. Possession of Drugs
POLICY & PROCEDURE SERIES #225 Page 6 of 20

c. Trespassing

d. Disorderly Conduct

j. When the police arrive at the scene of domestic violence and

discover a child at risk.

F. Taking juveniles into custody:

No juvenile may be taken into immediate custody except, in accordance with

Virginia Code Section 16.1-246,

1. with a legal detention order, or

2. when the child is alleged to be in need of services, and

a. there is clear and substantial danger to child's life or health; or

(OPR.04.03b)
b. custody is necessary to insure child's appearance before
court; or

3. when, in the presence of the arresting officer, a child commits a crime

and the officer believes custody necessary for protection of public
interest; or

4. the officer has probable cause to believe the child has committed an
offense which if done by adult could be felony; or

5. the officer has probable cause to believe the child is an escapee from
Department of Corrections, jail, detention home, court-placed
residential family, or residential treatment facility; or

6. the officer has probable cause to believe the child has either run
away from home or is without adult supervision at night and in
circumstances the officer reasonably concludes that a clear and
substantial danger exists to the child's welfare.

G. Guidelines for taking juvenile into custody.

1. Do not take custody of a juvenile or assume an overly authoritative

position when the purpose can be accomplished by asking
appropriate, permissible questions at the location of contact.

2. When stopped on the street, detain juveniles for the briefest time that
will permit the purpose of the stop to be accomplished. The decision
POLICY & PROCEDURE SERIES #225 Page 7 of 20

of either formal or informal handling shall be made in a reasonable

time.

3. If it is necessary to take the juvenile into custody, do so with the least

possible embarrassment to the juvenile and his family. For example,
when picking up a juvenile at school, work through the principal's
office. Have the juvenile brought there instead of going to the
classroom. If he works, try to arrange to pick him up before or after
working hours. Unless there is special justification for doing
otherwise, don't remove the juvenile from the home.

4. When the juvenile court offices are open, a juvenile taken into
custody shall be transported to the juvenile intake officer for
processing.

5. When the juvenile court is closed, depending upon the

circumstances, the officer may release the juvenile to a parent or
guardian. If the officer feels immediate juvenile court intervention is
necessary, the officer shall contact a magistrate for further guidance.

6. Notification of parents or guardians is required in every case that a

juvenile is taken into custody, to inform them of the circumstances
and to pick up the juvenile. (OPR.04.03e)

H. Transportation of juveniles.

Virginia Code 16.1-254 states that no juvenile under age 15 shall be

transported or conveyed in a patrol wagon. No juvenile under 18 shall be
transported in the same vehicle with adults suspected of or charged with
criminal acts. (The term "patrol wagon" as used above means what is
commonly referred to in most departments as "paddy wagon," and is not
construed to mean a marked police vehicle.) The juvenile must be
transported to the intake officer, court, or detention facility without delay
unless the juvenile is in need of emergency medical treatment.
(OPR.04.03d)

I. Legal aspects of confinement of juveniles.

Section 16.1-249 of the Virginia Code (1977) puts certain restrictions on the
place of confinement. No person known or alleged to be under the age of
18 shall be confined in any jail or other facility with adults. However, a
person 15 or older may be detained in a jail or other facility for the detention
of adults if:

1. The jail or lockup is certified to hold juveniles, and;

POLICY & PROCEDURE SERIES #225 Page 8 of 20

2. A judge or intake officer decides that a juvenile detention facility is not

secure enough given the nature of the crime; or

3. Space in a juvenile detention facility or shelter is unavailable; or

4. The detention home where the juvenile shall be placed is more than
25 miles from where the juvenile is taken into custody and is in
another city or county. A juvenile detained for this third reason may
be kept there for only 18 hours. In addition, a juvenile detained in an
adult facility for any of these reasons has to be in a room entirely
separate and removed from adults. A juvenile need not be
immediately charged when a petition is unavailable because the
juvenile court intake office is closed. He may be returned to his home
and release to his parents, with notification to them as to the charges
and the necessity of the parents and juvenile appearing in court upon
receipt of the petition, which can be filed by the arresting officer or the
complainant the following court day.

In the case of a juvenile 15 years or under, when custody is an

absolute necessity and a petition is unavailable, the officer will need
to contact a juvenile intake officer in order to place the juvenile in
confinement. This is accomplished by responding to the Department
for juvenile video conferencing.

Note: This provision does not apply to juveniles previously tried and
convicted as adults.

J. Questioning juveniles. (OPR.04.03f)

1. Normally, officers shall contact the parents or guardians of a juvenile

before questioning and the parents will be given an opportunity to
understand what the questioning will cover and to be present during
questioning. If this is not feasible, the officer may go ahead and
question anyway, but must very carefully ensure that all rights of the
juvenile are protected.

2. When questioning a juvenile in custody, the same rules and

procedures used for an adult must be followed. Under no
circumstances shall the child, any more than an adult, be compelled
to answer questions either by physical force or psychological
pressure or deceptions.

3. No juvenile can be compelled to answer any questions which may

tend to incriminate him. Juveniles are entitled to the full Miranda
warnings and these rights must be explained in the presence of
parents, circumstances permitting, guardian or counsel.
POLICY & PROCEDURE SERIES #225 Page 9 of 20

4. When questioning a juvenile, officers shall not prolong the interview

beyond what is needed in order to complete their investigation. Also,
the interrogation shall be handled by one officer if at all possible in
order to lessen the chance of the juvenile feeling intimidated or
pressured.

5. Officers are reminded that the rules governing searches, frisks or pat-
downs, reasonable suspicion, and probable cause all apply to
juveniles. (OPR.04.03c)

K. Written citations/summonses: (OPR.04.02b)

An officer may use the Virginia Uniform Summons form, just as for an adult,
in the following situations:

1. violation of the traffic laws;

2. violation of county ordinances establishing curfew violations or animal

control violations;

3. violation of game and fish laws.

L. Fingerprints and photographs of children:

Virginia Code Section 16.1-299 provides that fingerprints and photographs

may be taken and filed under the following circumstances:

1. May be taken of a child fifteen years of age or older who is charged

with a delinquent act which would be a felony if committed by an
adult.

2. May be taken of a child thirteen years of age or older who is charged

with the following offenses:

a. malicious wounding;

b. use of a firearm in committing a felony;

c. attempted poisoning;

d. extortion;

e. robbery;

f. rape;
POLICY & PROCEDURE SERIES #225 Page 10 of 20

g. arson;

h. murder.

3. May be taken of child regardless of age or offense if he is taken into

custody for and charged with a violation of law, and a law
enforcement officer has determined that there is probable cause to
believe that latent fingerprints found during the investigation of an
offense are those of the child.

4. Other physical samples may be taken from a juvenile for identification

purposes only after the officer has conferred with the juvenile court or
the Commonwealth's Attorney for advice and assistance as to the
legalities and proper procedure for obtaining such samples. Samples
include but are not limited to: hair, blood, urine, nails, breath,
stomach contents, handwriting.

M. Dissemination/retention of fingerprints and photographs:

1. The Sheriff is responsible for the department's compliance with

Virginia Code requirements on dissemination and retention of juvenile
records including fingerprints and photographs.

2. Fingerprint cards and photographs will be destroyed when:

a. no petition is filed against a juvenile whose fingerprints or

photographs have been taken in connection with an alleged
violation of law;

b. a juvenile is found not guilty by juvenile court or circuit court of

a charge of delinquency;

c. a juvenile less than thirteen years of age and under who is

found guilty of a delinquent act.

3. Fingerprint cards and photographs may be retained when the court

finds that a juvenile thirteen years of age or older has committed a
delinquent act.

4. Fingerprints and photographs may be retained and copies sent to

CCRE when:

a. A juvenile fifteen years of age or older is certified to the circuit

court and is found guilty as an adult of the offense charge.
 POLICY & PROCEDURE SERIES #225 Page 11 of 20

b. A juvenile thirteen years of age or older is found guilty of

malicious wounding (18.2-52), use of a firearm in committing a
felony (18.2-53.1), attempted poisoning through (18.2-88), or
murder in a juvenile court and is adjudicated delinquent.

5. Juvenile fingerprint cards and photographs, authorized for retention,

will be separately and securely maintained. Access to these records
will be restricted to official use, and may be viewed by the public only
on the authorization of a court order.

N. Confidentiality of records/release of information:

1. Virginia Code Section 16.1-301 requires that all law enforcement

agencies take special precautions to ensure that law enforcement
records concerning a child are protected against disclosure to any
unauthorized person.

2. Officers may release, upon request to one another and to other local
state or federal law enforcement officers, current information on
juvenile arrests limited to name, address, physical description, date of
arrest, and charge. Such information may only be used for current
investigations.

3. For release of juvenile information to the media, see P&P 207, Media
Relations.

4. The Sheriff, or his designee, will ensure that noncriminal records of

juveniles are destroyed annually.

V. PROCEDURES - SPECIFIC RESPONSIBILITIES

A. Specific responsibilities of departmental personnel.

1. The officer shall:

a. notify the juvenile's parent or person acting for a parent of the

specific acts which brings the juvenile to the attention of the
police; and

b. contact the intake officer at the court when appropriate; and

c. contact his or her immediate supervisor when it is discovered

that a detained juvenile is definitely innocent, or that no crime
has actually been committed; and
 POLICY & PROCEDURE SERIES #225 Page 12 of 20

d. complete all required paperwork with comprehensive

information on the child, parents, complainant, and witnesses.

2. The supervisor shall:

a. review and approve all paperwork by the arresting officer;

b. immediately contact the intake officer (if the arresting officer or

the supervisor determines that the juvenile in custody is
innocent), relate the facts of the case, and request a decision
whether to release or detain if charges are pending.

B. Child protection. (OPR.04.03b)

When probable cause exists that a juvenile is without adult supervision at

such hours of the night and under circumstances that the officer concludes
that a clear and substantial danger to the juvenile's welfare exists, the officer
shall:

1. take the child into immediate custody; and

2. notify the intake officer of the juvenile court, who will decide if a
petition should be filed. If the intake officer decides that a petition
should not be filed, the officer shall:

a. return the child to his/her home; and

b. release child to parent, guardian, legal custodian or other

person acting for a parent; or

c. release the child.

3. The officer shall complete an offense/incident report on the matter.

VI. STATUS OFFENSES (OPR.04.03a)

A. Runaways will be investigated as follows:

Deputies taking a report of a runaway child shall:

1. have the parent and/or guardian ensure that the information is

accurate, particularly for verification that the birth date and physical
description of the child are as they stated; and
POLICY & PROCEDURE SERIES #225 Page 13 of 20

2. complete an incident report on the matter; and

3. broadcast a lookout for the runaway juvenile.

4. Contact the local runaway shelter (if any) to locate the child.

5. The supervisor shall review the completed report and ensure entry of
appropriate information in VCIN and NCIC.

B. Taking runaway into custody.

When probable cause exists that a juvenile has run away from home, the
officer shall:

1. Local

a. take the child into custody; and

b. verify runaway youth status; and

c. notify the intake officer of the juvenile court of the action taken,
who will then determine whether to:

(1) place the child in a youth shelter;

(2) refer to the Department of Social Services; or

(3) release the juvenile to a parent, guardian, legal

custodian or other person acting for a parent; or

(4) release the juvenile, and

(5) complete a Virginia Missing Children Information

Clearinghouse Report.

In any event, officers shall complete incident reports for any runways
taken into custody.

2. Out-of-town

a. Take the child into custody and verify runaway status with the
teletype from the other jurisdiction. If a detention order is on
file, follow the instructions for serving a detention order as
discussed below and;
 POLICY & PROCEDURE SERIES #225 Page 14 of 20

b. notify the intake officer of the juvenile court of the action taken;
the intake officer will then determine what the next step will be.
The officer shall:

(1) follow the intake officer's instructions for detention or

child placement; and

(2) notify parents that the child is in custody and if the child
is to be released and the parents cannot respond within
a reasonable period of time, then

(3) contact a runaway house for space available.

C. Truant.

1. When custody occurs because a juvenile is a reported truant by

school officials, or an officer reasonably determines because of the
child's age and circumstance that a juvenile is a reported truant, the
juvenile shall be taken into custody and delivered to the appropriate
school personnel and released.

2. The officer shall complete a field interview which includes the name
of the person notifying the parent of the truancy and the name of the
person to whom the juvenile was released.

D. Incorrigible.

1. Juveniles who are in violation of the status offense of incorrigible

generally are handled through the Juvenile and Domestic Relations
Court.

2. If the officer receives a call from a parent where no crime has been
committed but a child has been disobedient to the parent or guardian,
the officer shall immediately contact the intake officer for guidance.

VII. CRIMINAL OFFENSES/DELINQUENT ACTS:

A. Interrogations.

Follow the provisions of Section IV. J. above.

B. Warnings/petitions.

1. Officers have the statutory authority (16.1-246) to arrest a juvenile on

probable cause without a warrant or petition in felony cases.
POLICY & PROCEDURE SERIES #225 Page 15 of 20

2. A warning may be issued in all cases where a juvenile has committed

an act which, if the committed by an adult, would be a Class 3, or 4
misdemeanor.

3. Use of the warning is prohibited when:

a. the complainant or victim is committed to proceeding with

prosecution, or

b. The juvenile is known to have been warned or arrested in the

preceding year for an act which, if committed by an adult,
would be a crime.

4. A complaint shall be made in all cases in which a juvenile is taken

into custody for an act which, if committed by an adult, would be a
Class 1 misdemeanor or a felony; except a warrant shall be sought
under the following conditions:

a. The intake officer of the juvenile court refuses to issue a

petition sought for a Class 1 Misdemeanor or a felony. In such
cases, the arresting officer or complainant may appeal the
refusal to the magistrate, provided the arresting officer
continues to believe the charge initially sought should be
made. The officer shall include, with the material presented to
the magistrate, written notice of the refusal from the intake
officer. There is no appeal from an intake officer's refusal for
Class 3, or 4 misdemeanors. (16.1-260e)

A magistrates finding is final. If a warrant is issued, it shall be

returned to the juvenile court as a petition.

C. Immediate custody.

1. Juveniles may be taken into immediate custody:

a. according to the provisions of IV. F. above; or

b. when a juvenile has committed a misdemeanor offense

involving shoplifting in violation of Section 18.2-103 and,
although the offense was not committed in the presence of the
officer who makes the arrest;

c. when the arrest is based on probable cause on reasonable

complaint of a person who observed the alleged offense;
POLICY & PROCEDURE SERIES #225 Page 16 of 20

d. when there is probable cause to believe that a juvenile has

committed an offense which would be felony if committed by
an adult; or

e. when a detention order or warrant is known to be on file in this

or another jurisdiction.

2. Notification of parents.

a. Such notification shall be made by telephone or in person, as

soon as reasonably possible after the juvenile is taken into
custody.

3. Warnings.

Officers who release juveniles after issuance of a warning shall

complete a field interview card. On it, the officer will give a complete
clothing description and all details relating to the facts surrounding the
contact.

D. Release or detention of juveniles charged with delinquent acts:

1. Officers shall whenever possible release a juvenile to a parent or

person acting for a parent, who, (1) is available and willing to provide
supervision and care; and (2) promises to bring the juvenile before
the court when requested. However, the arresting officer shall seek
from the court to detain a juvenile whenever:

a. the child is alleged to have committed an act which would be a

felony or Class 1 misdemeanor if committed by an adult and at
least one of the following conditions are met:

(1) the release of the child constitutes an unreasonable

danger to the person or property of others; or

(2) the release of the child would present a clear and

substantial threat of serious harm to such child's life or
health; or

(3) the child has threatened to abscond from the court's

jurisdiction during the proceedings or has a record of
willful failure to appear at a court hearing within the
immediately preceding twelve months; or

(4) the child has fled from a detention home or facility

operated by the Department of Corrections; or
POLICY & PROCEDURE SERIES #225 Page 17 of 20

(5) the child is a fugitive from another state where there is

an outstanding detention order or warrant; or

(6) the child has failed to appear for a court hearing on a

delinquent act.

b. The officer will inform the intake officer of arrests in cases of all
felonies and Class 1 misdemeanors and whether a parent or
custodian of the juvenile has been notified of the arrest.

E. Service of warrants, detention orders or temporary detention orders:

1. Warrants/detention orders/ temporary detention orders shall be

served on juveniles in the same manner as adults except that:

a. when the juvenile court is in session:

(1) officers who arrest juveniles at the request of the court

on a detention order shall advise the intake officer by
phone of the arrest of the juvenile;

(2) the intake officer will instruct the officer on whether to

bring the child directly to the court or the detention
home in the most expeditious manner possible;

(3) a parent or other person acting with parental authority

will be given notice by the arresting officer of the action
taken and the reason for taking the juvenile into
custody;

(4) the officer will inform the intake officer whether the
parent or guardian was notified of the juvenile's arrest;

(5) the officer shall complete an offense report;

(6) officers shall file the original copy of the executed

detention order with the clerk of the Juvenile and
Domestic Relations Court on the same day it is
executed. Officers shall see that the detainee is served
with a copy of the detention order.

b. When the juvenile court is not in session:

(1) follow procedures as above except omit Step 5, and the

intake officer will advise where to place the juvenile;
POLICY & PROCEDURE SERIES #225 Page 18 of 20

and

(2) ensure that the paperwork is available to court

personnel the next working day.

F. Handling of escapees.

1. Immediate custody of escapees:

a. Juveniles who are escapees from jail, a detention home, or

other institution in which they were placed by order of juvenile
court, Child Protection Services or other licensed child welfare
agency may be taken into immediate custody when:

(1) there is a detention order or warrant known to be on file

in this or another jurisdiction; or

(2) an officer has probable cause to believe that a juvenile

has escaped or run away from jail; detention home,
residential child care facility or home in which they were
placed by the court, the Department of Social Services,
or a licensed child welfare agency.

2. Return or placement of escapees:

a. Whether juvenile court is open or closed, the juvenile may be

returned and released to the facility from which the juvenile
escaped or fled.

b. When court is open or closed and the juvenile is not released

to the facility from which the juvenile escaped or fled, the
officer shall contact the intake officer of the court who will
determine where the juvenile will be placed.

3. Reporting requirements:

a. The officer shall complete an offense report with applicable

supplements.

b. When a locally-placed juvenile runs away from an unsecured

group home, no matter where that home is located, the officer
shall:

(1) take an offense report for a missing juvenile (runaway);

and
POLICY & PROCEDURE SERIES #225 Page 19 of 20

(2) complete a Virginia Missing Children Information

Clearinghouse Report. The adult reporting the juvenile
missing will sign the report.

c. When an out-of-town-placed juvenile has either escaped from

the detention home or run away from a local group home, the
officer shall:

(1) notify the administrator reporting the missing juvenile to

contact the jurisdiction which placed the juvenile in the
facility to make the original report; and

(2) complete an offense report including a suspect

description.

d. When an escaped juvenile or one that has run away from a

group home is apprehended, the officer shall:

(1) if a locally-placed juvenile, complete a supplement to

the original report to be booked. (In most cases the
juvenile court will have filed already a detention order
on the juvenile.)

(2) If an out-of-town juvenile from an out-of-town facility,

complete an original offense report including a suspect
description.

(3) If an out-of-town-placed juvenile escaped or ran away

from a local facility, supplement the offense report and
notify the jurisdiction that placed the juvenile of the
apprehension.

(Officers will initiate a search and broadcast a lookout for any juvenile
reported missing or escaped from a local facility.)

G. Interviewing of detained juveniles.

Officers wishing to interview or question juveniles held in detention must:

1. inform the juvenile's parent or guardian and the attorney, if any, that
an interview will be requested; and

2. request permission of the Juvenile and Domestic Relations Court to

conduct the interview; and
POLICY & PROCEDURE SERIES #225 Page 20 of 20

3. arrange the interview, if approved, consistent with detention home

rules and regulations; and

4. provide a copy of the court's approval to the detention home; and

5. before the interview, inform the juvenile of his/her legal rights.

(OPR.04.03c)
 POLICY & PROCEDURE SERIES # 226 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
FREEDOM OF INFORMATION ACT 7/1/2018
COMPLIANCE APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.22.03

I. PURPOSE:

In order to provide the public with information, with which they are duly entitled,
the department will comply with the Freedom of Information Act. Because of the
specific knowledge required, and the broad discretion granted to law
enforcement agencies, not all personnel of an agency can or should be expected
to respond to requests for information, whether made formally under FOIA or
either casually by a citizen or reporter. The department shall have one or more
knowledgeable individuals designated to respond to such request. The identities
of these persons shall be made known to all employees.

II. POLICY:

The purpose of this regulation is to establish procedures for the dissemination of

information under the Freedom of Information Act.

III. PROCEDURE – GENERAL

A. The Sheriff shall be responsible for seeing that the following rules and
regulations, and the Freedom of Information Act are adhered to.

B. The Sheriff and/or his designee shall be the points of contact for third
party request for information. (ADM.22.03a)

C. Staff shall be responsible for the processing of requests. The staff

member completing the request will document the requestor’s name and
legal address. If the requestor refuses to provide this information, the
request is to be completed and “declined to provide information” entered in
the documentation.

IV. PROCEDURE FOR REQUESTING INFORMATION

A. Request for information concerning a single incident, where the request is

made by a party to the incident (person or entity with a direct connection),
the news media, interested citizens and other requestors may be made
verbally or in writing.
 POLICY & PROCEDURE SERIES #226
Page 2 of 4

B. Request for information concerning a single property or entity, whether the

request is made by the property owner or person in charge of the property
in question, the news media, interested citizens and other requestors may
be made verbally or in writing.

C. A requestor has no obligation to state why information is being sought, or

for what purpose it will be used.

D. The department may charge actual costs for providing any information to a
requestor. Cost shall include time spent by an employee to compile the
data, cost of paper, etc. Cost may not include overhead such as electricity,
building usage, or maintenance. (ADM.22.03c)

E. In the event that any estimated costs of producing the requested records
exceed $200.00 the department may request payment in advance of the
processing request.

F. Persons incarcerated in a Federal or State correctional facility cannot

request records under FOIA, but do retain the right to call for records
which may be used as evidence in a criminal prosecution in which they
are involved.

V. RECORDS WHICH MAY BE OBTAINED

A. Criminal incident information (required only for felonies, but may be

released for misdemeanors)

1. General description of the criminal activity reported

2. Date and general location the alleged crime was committed
3. Identity of the investigating officer (may be a department
contact unless specifically requested)
4. General description of any injuries suffered or property
damaged or stolen

B. Arrest Records (Adult Offenders)

1. Identity of persons arrested

2. Charges against them
3. Status of the charge or arrest

C. Arrestee Photographs (Adults)

1. Photos of arrestees must be released, unless the release will

jeopardize an investigation.
 POLICY & PROCEDURE SERIES #226
Page 3 of 4

D. Personnel Records

1. Personnel records are generally protected. The Sheriff may

release portions.

VI. PROTECTED INFORMATION

FOIA provides law enforcement agencies considerable discretion in

protecting the identities of individuals with whom they may be involved in a
variety of ways.

A. Identity of Victims
B. Witnesses
C. Undercover officers
D. Identities of persons providing information about a crime or criminal
activity under a promise of anonymity (such as crime stoppers,
informants, etc.)
E. Records pertaining to neighborhood watch programs and
participants
F. Information relating to investigative techniques or procedures
G. Tactical operational plans which could jeopardize the safety of
officers or the general public
H. Information relating to the security of any data processing or
telecommunications system
I. Information or records required during the review of any child death
by the State Child Fatality Review Team
J. Confidential records, including victim identity provided to staff of a
rape crisis center or a program for battered spouses
K. Computer programs used to process data which may be included in
official records
L. Criminal Incident Information may be withheld if it is likely to
jeopardize an ongoing investigation or prosecution, or the safety of
an individual, cause a suspect to flee or evade detection, or result
in the destruction of evidence. This information may be held only
until the above referenced damage is no longer likely to occur from
such release. (ADM.22.03d)

VII. CRIMINAL INVESTIGATIONS INFORMATION

Exempt from disclosure are the following:

A. All complaints
B. Memoranda
C. Correspondence
D. Evidence related to a criminal investigation
E. Case files or reports
 POLICY & PROCEDURE SERIES #226
Page 4 of 4

F. Witness statements (ADM.22.03d)

VIII. TIME ALLOWED FOR RETURN OF REQUESTED

If a written request for information is received or a verbal request is treated

as a formal FOIA request, an initial response must be made within five (5)
working days after the request is received. One of the following responses
must be made:

A. Make the requested record(s) available

B. Decline in writing to furnish the requested records, citing the
specific part of FOIA which exempts them, or any other statue
which prohibits their release (i.e. Virginia Code Section 16.1-301,
which restricts the release of juvenile records).
C. If only a portion of the records requested are exempt from
disclosure, delete or excise the portion which need not be
disclosed, and make the rest available accompanied by a written
statement identifying that portion of FOIA or other statue that allows
the exemption.
D. Respond in writing that the requested records cannot be identified
within five working days, thereby allowing an additional seven days
to identify the records and respond to the request. In highly unusual
circumstances, a petition may be made to the Circuit Court for even
more time to respond. (ADM.22.03b)

IX. FURTHER GUIDANCE

When a questionable release is requested, consult the “Law Enforcement

Guide to the Virginia Freedom of Information Act” booklet, published by
the Virginia Association of Chiefs of Police, or the Code of Virginia, Title
2.2, Chapter 37.
 POLICY & PROCEDURE SERIES #227 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
7/1/2018
CRIME PREVENTION/COMMUNITY APPROVED
RELATIONS J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.20.01a-d
ADM.20.02a-b
ADM.21.01a-d

I. PURPOSE:

The King William County Sheriff’s Office takes a proactive approach to fostering
good relations with the local populace. Several community oriented policing and
crime prevention programs support this goal of a community partnership. Crime
prevention is the anticipation, recognition, and appraisal of crime risks and the
initiation of action to remove or reduce such risks. The policy of the department is
to promote crime prevention using all department employees to develop and
implement procedures and programs which reduce the opportunity for or lessen the
loss arising from crime.
(ADM.20.01c,d)

II. POLICY:

The purpose of this order is to set forth procedures for the delivery of crime
prevention services and community relations programs.

III. PROCEDURES:

A. Deputies:

1. All officers upon request and when appropriate shall provide

knowledgeable, instructive advice to the public concerning steps
which can be taken to reduce the opportunity for or lessen the loss
from crime. (ADM.20.01a)

2. All deputies upon request and when appropriate shall conduct brief
surveys of homes or small businesses and orally advise the owner or
occupant of security strengths and weaknesses.

3. All deputies shall be aware of when and where it is appropriate to

offer their assistance related to crime prevention and community
relations activities taking place within the town.

4. All deputies shall make referrals to the appropriate resource either

within or outside the department in response to crime prevention
POLICY & PROCEDURE SERIES #227 Page 2 of 4

requests which exceed their knowledge or capability to

accommodate. Deputies may request the assistance of the Captain.

5. Crime prevention and community relations activities undertaken by

deputies shall be noted in the CAD system. Crime
Prevention/Community Relations and filed with the Office Manager.

B. Crime prevention:

1. The Sheriff, or Captain, is responsible for developing, implementing,

and coordinating the department's crime prevention program. This
assignment of responsibility does not relieve other officers of being
aware of and involved in crime prevention procedures and activities.
The Captain shall periodically evaluate the effectiveness of all crime
prevention/community programs.
(ADM.21.01b)

2. Deputies shall consult with fellow officers, supervisory and

investigative personnel to gather information concerning trends in
crime, public and police response to them.

3. Deputies shall develop an expertise in all phases of crime prevention

including, but not limited to, the following areas:

a. Security hardware

b. Alarm/warning systems

c. Lighting

d. Basic residential and business construction practices

e. Media relations

f. Public speaking

g. Use of volunteers

4. Officers shall establish a continuing working relationship with

professional, civic and community groups to develop, promote, and
implement crime prevention and community relations programs. The
department shall assist in the organization of crime prevention groups
within the residential and business communities.
(ADM.20.01b, ADM.21.01c,d)

5. Deputies shall establish a working relationship with other local, state,

POLICY & PROCEDURE SERIES #227 Page 3 of 4

and national government and non-government crime prevention

programs to exchange information on past, current, and planned
crime prevention and community relations activities.

C. Formal crime prevention and community relations programs:

Deputies are encouraged to develop, stimulate the growth of, or otherwise

participate in programs directed at addressing the concerns of community
leaders, concerned citizens, and law enforcement in an effort to reduce the
problems of drug trafficking/abuse, criminal violence, gang violence, social
disorder, and neighborhood deterioration. (ADM.21.01a)

1. Security survey:

A security survey is an evaluation of the security strengths and

weaknesses of a home or business and presenting that evaluation to
the owner or occupant for correction.

a. Deputies are authorized to conduct brief surveys of homes or

small businesses upon request or if there is an apparent need,
time permitting. Only oral recommendations are to be made.

b. Requests for in-depth surveys with written recommendations

are to be forwarded to the Sheriff, or the Captain. Surveys of
any large structure or facility are to be conducted by
whomever the Sheriff selects. Outside agencies' crime
prevention units may be asked to assist.

c. All security surveys performed by deputies are to be

considered information offered to the police in confidence.
Surveys are not considered information available through
Freedom of Information Act requests.

d. Officers making recommendations during security surveys

shall not recommend any particular brand name product or
device.

e. Officers may offer to conduct a security survey for a business

or residence following any vandalism, burglary, or larceny
incidents.

D. Other programs:

There are many other crime prevention and community relations programs
aimed at specific topics. Many of these programs can be incorporated into
POLICY & PROCEDURE SERIES #227 Page 4 of 4

public educational programs or other crime prevention or public event

activities as needed. Some of these programs may include:

1. National Drug Take Back Initiative

2. Identi-Kid

3. Child safety seat program

4. Crime Prevention Through Environmental Design (CPTED)

5. Bicycle Safety

IV. REPORTING

An annual report is generated that compiles agency statistics and activities. This
report is available to the public upon request and is posted on the King William
County website.
(ADM.20.02a,b)
 POLICY & PROCEDURE SERIES # 228 PAGE 1 OF 16
SUBJECT EFFECTIVE DATE
COMMUNICABLE DISEASES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS PER.10.01a-h

I. PURPOSE:

The purpose of this order is to establish guidelines and procedures to be followed

when a member of the department is exposed to a communicable disease with a
risk of major illness or death and to establish procedures for handling of evidence
or property that may be contaminated.

II. POLICY:

The department bears an obligation to the public and to its own personnel to
increase awareness about risks, modes of transmission, and procedures for
handling communicable diseases such as hepatitis B, tuberculosis, HIV (Human
Immunodeficiency Virus) and AIDS (Acquired Immune Deficiency Syndrome), and
AIDS-related infections. Although, of the diseases that are mentioned, AIDS has
received the most notoriety, all present hazards to law enforcement officers:
hepatitis B and tuberculosis are more infectious than HIV, for example.

All personnel must understand that the focus of the news media on AIDS has dealt
with so-called "high risk" groups, i.e., homosexual men, intravenous drug users,
and prostitutes. As a matter of practice, the department does not recognize high-
risk groups since health and legal experts maintain that the actual risk of contagion
comes from high-risk behavior. Anyone--including members of the department--
might conceivably behave in a way that promotes risk of infection. Further, the long
incubation periods associated with diseases such as HIV (years) render testing
difficult. Accordingly, officers shall act responsibly in minimizing the risk of infection
when dealing with any person, male or female, child or adult or with any body
fluids. A few simple precautions, however, will avoid the risk of infection almost
entirely. The appendix to this general order details common AIDS concerns of
personnel plus relevant medical information.

Officers cannot refuse to work with or handle anyone--victim, complainant, or

suspect--because of the officer's fears of possible infection. Personnel shall not
refuse to arrest or otherwise refuse to handle any person in a legitimate law
enforcement context, provided that appropriate protective equipment is available.
The measures provided herein will assist officers in carrying out their duties while
POLICY & PROCEDURE SERIES #228 Page 2 of 17

simultaneously minimizing health risks.

The most likely danger from contact with HIV or other communicable diseases
comes from handling blood or other body fluids as evidence or at the scene of
injury or death. The department does expect officers to exercise caution when
handling evidence, to which end the following procedures are set forth. One point
bears repeating, however: officers have no way to determine with certainty if a
citizen is infected with a communicable disease.

The department shall provide employees, continuously, with information and

education on prevention of communicable diseases, as well as safety equipment
and procedures to minimize their risks of exposure. The department has instituted
post-exposure reporting, evaluation, and treatment for all members exposed to
communicable diseases.

Finally, the department advises all personnel that they shall not receive
discriminatory treatment nor bear any stigma if they contract a communicable
disease which becomes known to the department. Legally, a communicable
disease is a handicap under Federal law making discrimination against infected
persons illegal.

The department expects officers to become educators in their law enforcement

work. Officers can advise children, drug users, or prostitutes of the risks of infection
and can further distribute educational literature. Additionally, officers may refer
citizens to health agencies such as the American Red Cross and the local health
department. Department personnel, then, may set an example in demonstrating
rationality and confidence in dealing with communicable diseases.

III. DEFINITIONS:

A. Communicable disease - an infectious disease capable of being passed to

another by contact with an infected person or his/her body fluids.

B. AIDS (Acquired Immune Deficiency Syndrome) - is a blood-borne and

sexually-transmitted disease that attacks and destroys the body's immune
system. It makes people susceptible to infections, malignancies, and
diseases not generally life-threatening to persons with normal immune
systems. AIDS also causes disorders of the central nervous system. There
is no vaccine against the virus. Personnel are advised that AIDS is not
transmitted through any of the following (according to the Centers for
Disease Control):

1. Sneezing, coughing, spitting;

2. Handshakes, hugging, or other non-sexual physical contact;

POLICY & PROCEDURE SERIES #228 Page 3 of 17

3. Toilet seats, bathtubs, or showers;

4. Various utensils, dishes, or linens used by persons with AIDS;

5. Articles worn or handled by persons with AIDS, i.e., doorknobs, pens,

or cups;

6. Being near someone with AIDS frequently or over a long period of

time;

7. Riding the same transportation;

8. Eating in the same public place with an AIDS-infected person; or

9. Working in the same office.

C. ARC (AIDS-Related Complex) - is a condition caused by the aids virus (HIV)

and has a specific set of symptoms. Such symptoms include persistent
fever, weight loss, skin rashes, diarrhea, and swollen lymph nodes.
Although these symptoms may be debilitating, they are generally not life-
threatening.

D. HIV (Human Immunodeficiency Virus) - is the virus that causes AIDS. HIV
infects and destroys certain white blood cells, undermining the body's ability
to combat infection. (Also named HTLV-III or LAV). Technically speaking,
this general order aims to reduce the chance of HIV transmission, the virus
that causes AIDS.

E. Seropositivity - refers to a person having antibodies to HIV, meaning that

infection has occurred at some time in the past. A seropositive person can
be infected with HIV for years without ever developing symptoms of AIDS.
Infected persons can transmit the virus even though they may not have
symptoms of AIDS.

F. Hepatitis B (HBV) - is a viral infection that can result in jaundice, cirrhosis,

and, sometimes, cancer of the liver. The virus is transmitted through
exposure to blood, semen, or vaginal secretions. Two vaccines are
currently available against hepatitis B [Recombivax (synthetic) or Heptivax
(serum derived)].

G. Tuberculosis - is a bacterial disease that can be transmitted through saliva,

urine, blood, and other body fluids by persons infected with it. Tuberculosis
is spread primarily by inhaling airborne droplets from infected coughing
people. It can enter the body through infected mucous on the skin (as from
coughing) or from droplets that are inhaled. It is an airborne, opportunistic
POLICY & PROCEDURE SERIES #228 Page 4 of 17

disease and it primarily causes lung infection. Although no vaccine against

tuberculosis exits, medications are available to treat the disease.

H. Exposure control program - is a written agency plan, available to all

employees, which details the steps taken to eliminate or minimize exposure
incidents, and identifies at-risk tasks and assignments (Appendix A to this
P&P).

I. Personal protective equipment (PPE) - consists of specialized clothing or

equipment worn or used by employees for protection against infection. PPE
does not include uniforms or work clothes without special protective
qualities.

J. Universal precautions - includes controls or procedures advised by the

Centers for Disease Control (CDC) that emphasize precautions based on
the assumption that blood and body fluids are potentially infectious.

IV. GENERAL RESPONSIBILITIES:

A. The Sheriff or his designee is the coordinator for the communicable disease
program and shall develop a written exposure control plan which provides
the overall strategy for limiting exposure to HIV and HBV viruses and for
handling exposure incidents. This policy and procedure serve as that plan
and are available to all employees. (PER.10.01a)

1. The plan adheres to the principles and procedures for the prevention
of HIV and HBV exposure as detailed in the universal precautions
prescribed by the CDC plus other federal agencies.

2. All employees, and supervisors particularly, are responsible for the

maintenance of a clean, sanitary workplace, and shall inspect
workplaces daily to ensure that these conditions are met.

B. The Sheriff ensures that adequate supplies available.

1. Personal protective equipment (PPE) can be found in sufficient

quantities at advertised locations; and

2. Hypoallergenic gloves and other materials are available for

employees allergic to standard-issue gear; and

3. Supplies are routinely inspected, replaced, cleaned; and

4. First Aid supplies and disinfectants are available always.

POLICY & PROCEDURE SERIES #228 Page 5 of 17

C. The Sheriff shall ensure that the department vehicles will each contain the
following PPE supplies at all times:

 disposable latex gloves

 leather gloves
 disposable face mask
 disposable towels
 disposable plastic bags
 alcohol-based cleanser
 CPR shield/mask
 wrap-around safety goggles
 disposable shoe coverings
 puncture-resistant, leak-proof container for needles and other
sharp objects
 waterproof bandages (PER.10.01c)

D. Officers using supplies in their vehicles shall replace them or arrange to

have them replaced as soon as possible. Officers shall maintain
disposable gloves in their personal possession at all times.

E. The Sheriff or his designee shall cause to be maintained at the department

office the following:

 coveralls (different sizes)

 supply of disposable latex gloves
 orange/red plastic biohazard bags and tape, or plastic bags and
sealing ties
 liquid household bleach
 disposable towels/towelettes
 "Isolation Area - Do Not Enter" signs
 buckets, mops

F. Personnel shall use protective equipment under all appropriate

circumstances unless the officer can justify otherwise.

1. Officers who, for whatever reason, do not use protective gear when
appropriate shall document the incident as soon as practicable for
department review.

G. All personnel whose skin comes into contact with body fluids of another shall
begin disinfection procedures immediately: these procedures range from
simple soap-and-water washing to the use of alcohol or antiseptic
towelettes. All open cuts and abrasions shall be covered with waterproof
bandages before personnel report for duty.
POLICY & PROCEDURE SERIES #228 Page 6 of 17

V. GENERAL PRECAUTIONS:

A. GENERAL: Whenever possible, officers shall wear disposable latex gloves

when doing any of the following:

1. Handling persons or items with any blood or body fluid products

(hypodermic needles, syringes, or surfaces soiled with blood or body
fluids, gun or knife wounds).

2. Packaging and handling such items as evidence.

3. Cleaning up blood or other secretions which appear on floors, seats,

equipment, handcuffs, shoes, clothing, pens, pencils, etc.

B. SPECIALIZED DEVICES:

1. Masks shall be worn whenever splashes, spray, spatter, or droplets

of potentially infectious fluids endanger contamination through the
eyes, nose, or mouth. Masks may be worn with other protective
devices such as goggles.

2. Gowns, jackets, coats, aprons shall be worn as determined by the

degree of exposure anticipated.

C. HANDLING PEOPLE:

1. Wash hands thoroughly for thirty seconds with warm water and soap
after removing gloves (when handling evidence) or after contact with
the subject (if bleeding or vomiting). If water is unavailable, use pre-
moistened towelettes found in the communicable disease control kit
to decontaminate skin.

2. Leather gloves or their equivalent shall be worn when searching

persons or dealing in environments, such as accident scenes, where
sharp objects and bodily fluids may reasonably be encountered.
Search techniques shall be used that require suspects to empty their
own pockets or purses and remove sharp objects from their persons.

3. When transporting prisoners:

a. Do not put fingers in or near any person's mouth.

b. Transport persons with body fluids on their persons in

separate vehicles from other persons. A person who is
bleeding or producing a fluid may have to wear a protective
covering.
POLICY & PROCEDURE SERIES #228 Page 7 of 17

c. Notify other support personnel or law enforcement officers

during a transfer of custody that the suspect has fluids on his
or her person, or that the suspect has stated that he or she
has a communicable disease. Booking forms should so state.

D. HANDLING OBJECTS:

1. Objects contaminated with body fluids shall be completely dried,

double bagged, and marked to identify possible disease
contamination.

2. Contaminated items to be disposed of shall be autoclaved.

a. To autoclave, items must be treated in special (biohazard)

bags at a high temperature. Local laboratories or hospitals
can assist.

b. Before burning, the bags must be closed with autoclave tape

which turns purple when appropriate processing has taken
place to kill microbes.

3. Officers shall use extra care when handling any sharp objects. If
officers find syringes, they shall not bend, recap, or otherwise
manipulate the needle in any way, but shall place them in puncture-
resistant containers provided by the department.

E. HANDLING FLUIDS:

1. Clean up blood spills or other body fluids with regular household

bleach diluted 1 part bleach to 10 parts water (or use undiluted
bleach, if easier). Bleach dilutions should be prepared at least every
24 hours to retain effectiveness.

a. Wear latex gloves during this procedure.

b. A soiled uniform (by blood or body fluids) should be changed

as soon as possible. Wash in hot water and detergent or
dispose of after autoclaving.

2. Departmental vehicles within which body fluids are spilled require

immediate disinfection procedures. Employees who have the
vehicles assigned to them shall notify their supervisor of the spill and
arrange for a thorough cleaning as soon as possible. Affected
vehicles should bear an "Infectious Disease Contamination" sign
POLICY & PROCEDURE SERIES #228 Page 8 of 17

upon arrival at a service center and while waiting disinfection.

a. All police vehicles will be cleaned with disinfectant as part of a

routine, scheduled washing and maintenance check.

F. PRECAUTIONS WHEN BITTEN:

The danger of infection through bites is low. The victim cannot be infected
with HIV through the blood of the biting person unless that person has blood
in his or her mouth which comes into contact with the victim's blood. HIV
cannot be transmitted through saliva. With HBV, however, transmission
takes place through infected blood or blood-derived body fluids. Infection
takes place by exposure of the eyes, mouth, or mucous membranes to the
virus. Precautionary procedures to minimize the risk of infection include:

1. Encouraging the wound to bleed by applying pressure and gently

"milking" the wound.

2. Washing the area thoroughly with soap and hot water.

3. Seeking medical attention at the nearest hospital.

4. Advising your supervisor, make a report, or follow any other policy for
reporting injuries, including the filing of appropriate Worker's
Compensation forms.

G. PRECAUTIONS WHEN PUNCTURED BY NEEDLES OR KNIVES:

If an officer is cut or punctured by a needle or a knife or other instrument

while searching a suspect or handling contaminated evidence, follow these
general guidelines:

1. Allow the wound to bleed (unless severe bleeding occurs) until all
flow ceases. Then cleanse the wound with alcohol-based cleanser
(or pre-moistened towelettes) and then with soap and water. Do not
rely exclusively on towelettes: wash wounds thoroughly with soap
and water.

2. Seek medical attention as soon as possible after the injury. A

physician will then decide the proper treatment.

3. Advise your supervisor, make a report, or follow any other policy for
reporting injuries, including the filing of appropriate Worker's
Compensation forms.
POLICY & PROCEDURE SERIES #228 Page 9 of 17

H. PRECAUTIONS AT MAJOR CRIME SCENES:

At the crime scene, officers and crime scene technicians confront unusual
hazards, especially when the crime scene involves violent behavior such as
homicides where large amounts of blood have been shed.

1. No person at any crime scene shall eat, drink, smoke, or apply make-
up.

2. The best protection is to wear disposable latex gloves. Any person

with a cut, abrasion, or any other break in the skin on the hands
should never handle blood or other body fluids without protection.

3. Latex gloves should be changed when they become torn or heavily

soiled or if an officer leaves the crime scene (even temporarily).

4. If cotton gloves are worn when working with items having potential
latent fingerprint value, wear cotton gloves over latex gloves.

5. Hands should be washed after gloves are removed, even if the

gloves appear to be intact.

6. Always keep a plastic bag in the communicable disease control kit to

be used only to collect contaminated items (gloves, masks, etc.) until
they can be disposed of properly. Clearly mark the bag
"Contaminated Material." Officers shall dispose of contaminated
items in accordance with law. Personnel may dispose of
contaminated items in the biohazard box located in the holding area.

(PER.10.01e)

7. Shoes and boots can become contaminated with blood. Wash with
soap and water when leaving the crime scene, or use protective
disposable shoe coverings.

8. Wrap-around eye safety goggles and face masks should be worn

when the possibility exists that dried or liquid particles of body fluids
may strike the face. Particles of dried blood, when scraped, fly in
many directions, so wear goggles and masks when removing the
stain for laboratory analysis.

9. While processing the crime scene, be constantly on the alert for

sharp objects, such as hypodermic needles, razors, knives, broken
glass, nails, etc. Use of mirrors may be appropriate while looking
under car seats, beds, etc.
 POLICY & PROCEDURE SERIES #228 Page 10 of 17

10. Use tape--never metal staples--when packaging evidence.

11. If practicable, use only disposable items at a crime scene where

blood or other body fluids are present. Even those items (gloves,
masks, shoe coverings, pens, pencils, etc.) must be decontaminated
before disposal. If autoclaving is not possible contaminated items
must be covered with a bleach solution (one part bleach to ten parts
water, or undiluted bleach).

12. Before releasing the crime scene, advise the owner of the potential
infection risk and suggest that the owner contact the local health
department for advice.

13. Warning labels must be placed on all plastic evidence bags to go to

the crime laboratory. (PER.10.01b)

VI. VACCINATIONS

The department affords all employees who have occupational exposure to hepatitis
B the opportunity to take the HBV vaccination series at no cost within 10 working
days of assignment to an occupationally exposed duty. The vaccination shall be
provided only after the employee has received departmental training in
communicable diseases, is medically fit for the vaccinations, and has not previously
received them.

VII. OCCUPATIONAL EXPOSURE TO COMMUNICABLE DISEASES:

A. NOTIFICATION:

1. All employees shall, as soon as practicable, document possible

exposure to infectious fluids or materials. In any case, employees
shall immediately notify their supervisor of possible exposure.
Virginia Code Section 32.l-45.2 requires public safety employees to
immediately notify their agencies "of any possible exposure prone
incident." Personnel that have been exposed to any blood, fluids, or
other material that requires thorough decontamination shall proceed
to the emergency room as directed by there supervisor for
decontamination.

2. Examples of such exposure are:

a. Direct contact with body fluids on chapped or open areas

(cuts, scratches) on the skin or on mucous membranes (i.e.,
eyes, mouth).
POLICY & PROCEDURE SERIES #228 Page 11 of 17

b. Direct mouth-to-mouth resuscitation (CPR) without use of a

one-way valve.

c. Receiving a cut or puncture wound as a result of searching or

arresting a suspect or handling contaminated evidence.
(PER.10.01d)

B. TESTING:

If a member of the department is exposed to the body fluids of a person who

has or is suspected to have a communicable disease, the member must be
evaluated for evidence of infection by the department physician.
(PER.10.01f)

1. The person whose body fluids came into contact with an officer may
state that he or she has AIDS. Often, a person may try to prevent
police from withdrawing blood for drug screening (as in a DUI arrest),
although, in fact, he or she is not infected at all. While the
department cannot coerce a citizen--suspect or otherwise--to take
periodic tests for infection, the department will try to convince the
citizen who may have transmitted infection to do so.

a. Virginia Code 32.1-45.2 states that if any person or employee

has been exposed to body fluids, the person or employee
whose fluids were involved will be requested by the agency to
consent to HBV or HIV testing and disclosure of results.

b. Virginia Code 18.2-62 provides measures whereby a person

charged with any crime involving sexual assault, or particular
offenses against children may be ordered to submit to HIV
testing.

2. Personnel should understand the difficulty of transmitting HIV and

hepatitis B. If infection control measures have been followed, the risk
is very low.

C. Testing for presence of infection shall be done if indicated by a medical

assessment (after an incident involving the possible transfer of blood or
other body fluids). The following information details testing methods and
their reliability.

1. AIDS/ARC/HIV:
POLICY & PROCEDURE SERIES #228 Page 12 of 17

a. Blood tests can detect HIV antibodies (produced by the body's

immune system).

b. The two common tests for HIV antibodies are the ELISA
(Enzyme-Linked Immunosorbent Assay) and the Western Blot.
Since the ELISA is less expensive and easier to perform, it is
usually used as a first screen for HIV. If the ELISA identifies
the person as seropositive, a second ELISA is performed. If
the second test is also positive, a Western Blot is usually
performed to confirm the results.

c. Since HIV antibodies may not develop for some months after
a person has been infected, an initial negative result may not
mean freedom from infection. High false positive rates also
occur with the use of only ELISA test.

d. One must be tested, then, immediately following the incident

(for a baseline) and then six and twelve months later.

e. The department shall ensure that the employee receives

qualified counseling during the testing period.

f. The Virginia State Public Health Department provides free

confidential or anonymous testing (both ELISA and Western
Blot) in every health district. The results are given only to the
person tested. State law, under Section 32.1-36.1, provides
confidentiality and prescribes a penalty.

2. Hepatitis B - A blood test can confirm the presence of hepatitis B

virus six to eight weeks after exposure. See Section VI above.

3. Tuberculosis - This disease is detected first by a skin test, then

confirmed by an x-ray. The department physician can order this test
for the department employee. (Some local health departments may
do the test.)

D. CONFIDENTIALITY:

Confidentiality of information concerning test results is paramount. The

victim has a right to privacy in employer-maintained information about
his/her health. No need exists for a supervisor routinely to know that a
person tests positive (for HIV or hepatitis B). The department views a
breach of confidentiality as a serious disciplinary problem which may result
in suspension or termination of employment.

1. Under most circumstances, medical authorities will retain confidential

POLICY & PROCEDURE SERIES #228 Page 13 of 17

records unless the employee requests differently or state law requires

it. (PER.10.01h)

E. POSITIVE TEST RESULTS:

1. Any person who tests positive for HIV or hepatitis B shall not be
summarily removed from duty. The department shall make no
restrictions simply because of diagnosis. These diseases are not
spread by casual contact (as between coworkers in the department).
The department shall alter an employee's assignment only when he
or she can no longer perform the required duties.

a. The department shall ensure continued testing, if necessary,

of members for evidence of infection, and shall provide
psychological counseling if necessary.

2. Any person who tests positive for tuberculosis may be restricted from
working for a period of time. The medical evaluation will determine
the stage and type of disease the person has contracted and if
he/she is contagious. A tuberculosis-infected person requires
medication and shall not return to work until the doctor says he/she is
non-communicable. (Tuberculosis is easily transmitted and incidence
in Virginia has recently shown a slight increase. After exposure to
tuberculosis, a person may, after a medical evaluation, take medicine
to help prevent the disease.)

F. JOB PERFORMANCE:

1. Communicable disease-infected employees shall continue working as

long as they maintain acceptable performance and do not pose a
safety or health threat to themselves or others in the department.

a. Where feasible, an employee who has medical complications

from a communicable disease will either be reassigned to
another job or have his/her job restructured so that he/she can
remain employed. As necessary, medical documentation shall
support requests for job restructure or reassignment. All
personnel shall treat such employees in the same manner as
employees who suffer from other serious diseases or
handicaps: that is, fairly, courteously, and with dignity.

b. The department may require an employee to be examined by

the department physician to determine if he she is able to
perform his/her duties without hazard to him/herself or others.
POLICY & PROCEDURE SERIES #228 Page 14 of 17

G. FEDERAL LAW:

Employees infected by communicable diseases are generally protected by

the federal Rehabilitation Act of 1973. (A medical standard that is not job-
related constitutes a prohibited personnel practice.)

H. DISCRIMINATION:

The department expects all personnel to continue working relationships with

any fellow employee recognized as having AIDS/ARC, hepatitis B, or non-
communicable tuberculosis. The department will consider appropriate
corrective or disciplinary action against an employee who threatens or
refuses to work with an infected employee or who disrupts the department's
mission.

I. RECORDS

The agency maintains a record for each employee detailing incidents of

occupational exposure, including information on vaccination status; the
results of examinations and tests; health care professionals' written opinion;
and any other relevant information. These records are retained by the
Sheriff in secure storage for the duration of tenure of employees plus 40
years, and shall not be disclosed or reported without the express
written consent of the employee.
(PER.10.01h)

VIII. TRAINING:

A. Education on communicable diseases shall be continuous in the

department. The program coordinator shall ensure that all members
of the agency with occupational exposure shall receive a course of
instruction on blood borne diseases before their initial assignment.

B. The program coordinator shall retain complete records on instruction

of employees to include dates of training; content of sessions; names
and qualifications of trainers; names and job titles of attending
employees.

C. The program coordinator is responsible for dissemination of updated

information to all personnel and for appropriate educational programs
about communicable diseases. These programs shall include at a
minimum:
POLICY & PROCEDURE SERIES #228 Page 15 of 17

1. Written information concerning AIDS/ARC/HIV, hepatitis B,

and tuberculosis in the form of brochures, bulletins,
memorandums, or fact sheets.

2. Group and/or individual presentations and discussions

provided by adequately trained personnel or experts from
outside the department.

3. Local resources for further medical and law enforcement

information. (PER.10.01g)

4. For more information, personnel may at any time contact:

a. National Hotline for AIDS - 1-800-342-AIDS

b. Virginia AIDS Info Hotline - 1-800-533-4148
c. AIDS Update (Dept. of Health and Human Services)
1-202-245-6867
d. AIDS Clearinghouse (America Responds to AIDS)
404-198-1150
e. National AIDS Clearinghouse
1-800-458-5231
f. IOW Public Health Department
357-4177
g. Local American Red Cross
h. Forensic laboratories
i. Vendors:
POLICY & PROCEDURE SERIES #228 Page 16 of 17
 POLICY & PROCEDURE SERIES #228 Page 17 of 17

APPENDIX A

AIDS-RELATED CONCERNS OF PERSONNEL

ISSUE INFORMATION

Human Bites A person who bites is typically the one who gets the blood;
viral transmission through saliva is highly unlikely. If bitten by
anyone, gently milk wound to make it bleed, wash the area,
and seek medical attention.

Spitting Viral transmission through saliva is highly unlikely.

Urine/feces Virus isolated in only very low concentrations in urine; not at all
in feces; no cases of AIDS or HIV infection associated with
either urine or feces.

CPR/first aid To eliminate the already minimal risk associated with CPR,
use masks/airways; avoid blood-to-blood contact by keeping
open wounds covered and wearing gloves when in contact
with bleeding wounds.

Body removal Observe crime scene rule: do not touch anything; those who
must come into contact with blood or other body fluids should
wear gloves.

Casual contact No cases of AIDS or HIV infection attributed to casual contact.

Contact w/ blood/ Wash thoroughly with soap and water; clean up spills with
body fluids 1:10 solution of household bleach.

*Source: Adapted from: AIDS and the Law Enforcement Officer: Concerns and Policy
Responses by Theodore M. Hammett, Ph.D., National Institute
of Justice, U.S. Department of Justice, June, 1987
 POLICY & PROCEDURE SERIES # 229 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
UNUSUAL OCCURRENCES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.02

I. PURPOSE:

The department must respond effectively to any unusual/special events.

The many variables involved prevent precise development of plans for
specific situations; however, basic planning can help to guide officers. The
department must be prepared to participate in the county emergency
operations plan which covers disasters, civil defense, and civil disorder.

II. POLICY:

Unusual occurrences include emergencies resulting from natural or man-

made disasters or civil disturbances such as riots, disorders, violence or
labor disputes. Special operations include barricade/hostage situations,
bomb threats/disposal, VIP protection, special events, and civil defense.
While such occurrences are uncommon, the department expects its
personnel to respond to them in a manner consistent with its professional
image.

III. PROCEDURES:

A. Administration:

1. The Sheriff is responsible for overall planning of law enforcement

response to unusual occurrences and special operations and for
department participation in the town/county emergency operation
plan.

2. All officers and supervisors shall familiarize themselves with all such
plans in order that they may readily perform assigned responsibilities.
Plans shall be reviewed and updated as needed.

3. The following General Orders provide unusual occurrences and

special operations planning, guidelines, and procedures:

a. P&P 239, Hostage/Barricade Situations

POLICY & PROCEDURE SERIES #229 Page 2 of 3

b. P&P 204, Hazardous Materials Incidents

c. P&P 238, Civil Disturbances

d. P&P 237, Disasters

e. P&P 242, Special events/VIPs

4. The Sheriff or his designee is responsible for coordinating all law

enforcement plans with the municipal, county, or state official charged
with emergency activities. All emergency operations plans will be
reviewed and updated as needed. (OPR.05.02)

5. Aid to other jurisdictions in unusual situations and mutual assistance

is covered under P&P 121.

B. Operations:

A variety of maps and photomaps are available to serve in plotting

operational commitments. Additional maps available through the King
William Emergency Operation Center.

C. Special operations:

1. Supervisors must know the abilities of personnel and shall use this
practical information in assigning or calling out officers for use in
special operations. They shall use officers they know by skill
qualification, training, physical fitness and agility, psychological
stability, and interpersonal communication skills which are best suited
for special operations such as hostage/barricade, decoy/surveillance,
etc.

2. Officers selected for special operations shall be under the authority of

the commander directing the special operation until properly relieved.

3. Bomb disposal operations must be conducted by either the EOD

Detachment at the nearest military base or by Virginia State Police
personnel. Telephone numbers are available to dispatchers.

D. Mobilization/call-back:

l. In any emergency or special operation where additional law

enforcement resources are required, the Sheriff may:

a. hold over the shift due to go off so that personnel of two shifts
are available, or
POLICY & PROCEDURE SERIES #229 Page 3 of 3

b. call back additional personnel.

2. Some special operations are planned weeks in advance and, where

possible, additional personnel required will be given advance
notification of time, place, uniform, duties, etc. For other operations
such as raids, security considerations may limit advance notification
to minutes.

3. The Sheriff shall assign personnel called back as required, using the
skills, knowledge, and abilities of recalled officers where appropriate.

4. Call-back time is paid time and will be strictly controlled and

accounted for, minimizing expenditure where feasible.
 POLICY & PROCEDURE SERIES # 230 PAGE 1 OF 13
SUBJECT EFFECTIVE DATE
DIPLOMATIC IMMUNITY 7/1/18
PROCEDURES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.02.04

I. PURPOSE:

The purpose of this policy is to identify the categories of foreign mission

personnel, the privileges and immunities to which each is entitled, and to provide
guidance in the handling of incidents involving foreign diplomatic and consular
personnel to include notification and consular access.
(ADM.02.04)

II. POLICY:

International law, to which the United States is firmly committed, requires that law
enforcement authorities of the United States extend certain privileges and
immunities to members of foreign diplomatic missions and consular posts. Most of
these privileges and immunities are not absolute and law enforcement officers
retain their fundamental responsibility to protect and police the orderly conduct of
persons in the United States. The King William Sheriff’s Office is committed to
enforcing all Federal, State, and local laws and ordinances while working within the
boundaries established by the Vienna conventions.

III. PROCEDURES:

A. DEFINITIONS:

1. “Diplomatic immunity”: a principle of international law by which

certain foreign government officials are not subject to the
jurisdiction of local courts and other authorities for both their official,
and to a large extent, their personal activities. The purpose of
these privileges and immunities is not to benefit individuals but to
ensure the efficient and effective performance of their official
missions on behalf of their governments.

2. “Diplomatic agent”: a term for ambassadors and the other

diplomatic officers who generally have the function of dealing
POLICY & PROCEDURE SERIES #230 Page 2 of 13

directly with host country officials. This category enjoys the highest
degree of immunity.

3. “Members of the Administrative and Technical Staff”: includes those

persons who support the activities of the diplomatic agents. This
category includes secretaries, office managers, and certain
professional security personnel.

4. “Members of the Service Staff”: includes those persons who

perform tasks such as driving, cleaning, and maintenance.

B. CATEGORIES OF IMMUNITY:

1. Diplomatic Agents have:

a. complete personal inviolability, which means that they may

not be handcuffed (except in extraordinary circumstances),
arrested, or detained; and neither their property (including
vehicles) nor residences may be entered or searched;

b. complete immunity from the criminal jurisdiction of the host

country’s courts and thus cannot be prosecuted no matter
how serious the offense unless their immunity is waived by
the sending government;

c. complete immunity from civil suit with the exception of four

specific circumstances:

1.) in connection with real property transactions not

conducted on behalf of the mission;

2.) in connection with any role they may play as executor

for or heir to an estate being distributed in the host
country;

3.) in connection with the performance of professional or

commercial activities outside the scope of their official
duties; or

4.) in respect of counterclaims on the same subject

matter when they have been the initiating party in a
suit;

d. have complete immunity from the obligation to provide

evidence as witnesses and cannot be required to testify,
even, for example, if they have been the victim of a crime.
POLICY & PROCEDURE SERIES #230 Page 3 of 13

e. Family members forming part of the household of diplomatic

agents have precisely the same privileges and immunities as
do the sponsoring diplomatic agents.
2. Members of Administrative and Technical Staff have:

a. complete personal inviolability (See 1.a. above for

description);

b. complete immunity from the criminal jurisdiction of the host

country’s courts and thus cannot be prosecuted no matter
how serious the offense unless their immunity is waived by
the sending state;

c. immunity from civil jurisdiction only in connection with the

performance of their official duties;

d. complete immunity from the obligation to provide evidence

as witnesses and cannot be required to testify, even, for
example, if they have been the victim of a crime.

e. Family members forming part of the household of members

of the administrative and technical staff have precisely the
same privileges and immunities from the host country’s
criminal jurisdiction as their sponsors. Since these family
members have no official duties to perform, they enjoy no
immunity from civil jurisdiction.

3. Members of Service Staff

a. Members of the service staff have official acts immunity only,

they have no personal inviolability, no inviolability of
property, and no immunity from the obligation to provide
evidence as witnesses.

b. The families of service staff members have no privileges or

immunities.

4. Nationals or Permanent Residents of the United States

The rules set forth above assume that the staff members of the
diplomatic mission are nationals of the sending country. The
United States, as a matter of policy, does not normally accept as
diplomatic agents its own nationals, legal permanent residents of
the United States or others who are “permanently resident in” the
POLICY & PROCEDURE SERIES #230 Page 4 of 13

United States. The family members of diplomatic agents have no

privileges or immunities if they are nationals of the United States.

5. Special Bilateral Agreements

There are some countries with which the United States has
concluded bilateral agreements which grant to all members of the
staff of their respective embassies (provided they are nationals of
the sending country) the privileges and immunities to which only
diplomatic agents are normally entitled.

6. Temporary Duty

Persons sent to the United States on short-term official duty with

diplomatic missions ordinarily do not have any privileges and
immunities. Officers shall check with the U.S. Department of State
in particular cases involving such individuals.

7. Waivers

Officers should not address an alleged commission of a crime by a

person having full criminal immunity with the belief that there is no
possibility that a prosecution could result. The U.S. Department of
State requests waivers of immunity in every case where the
prosecutor advises that, but for the immunity, charges would
be pursued. In serious cases, if a waiver is refused, the offender
will be expelled from the United States and the U.S. Department of
State will request that a warrant be issued and appropriate entries
into NCIC be made by the responsible jurisdiction.

A waiver of immunity cannot be obtained from the individual

possessing them. The seeking of a waiver can only be done
through diplomatic channels by the U.S. Department of State.

8. Consular Officers

a. Consular officers have only official acts or functional

immunity in respect of both criminal and civil matters;

b. have limited personal inviolability and no inviolability of

property;

c. may be arrested pending trial only if the offense is a felony

and that the arrest is made pursuant to a decision by a
POLICY & PROCEDURE SERIES #230 Page 5 of 13

competent judicial authority (e.g., a warrant issued by an

appropriate court);

d. can be prosecuted for misdemeanors, but remain at liberty

pending trial or other disposition of charges;

e. are not obliged to provide evidence as witnesses in

connection with matters involving their official duties, to
produce official documents, or to provide expert testimony
on the laws of the sending country.

f. Absent a bilateral agreement, the family members of

consular officers have no personal inviolability and no
jurisdictional immunity of any kind.

9. Consular Employees

a. Consular employees have no personal inviolability or

jurisdictional immunity of any kind, but they do have
immunity from the obligation to provide evidence as
witnesses only in respect to official acts.

b. The family members of consular employees have no

personal inviolability or jurisdictional immunity of any kind.

10. Honorary Consuls

Honorary consuls are American citizens or permanent resident

aliens who perform consular services on a part-time basis. These
persons have “official acts” immunity only and immunity from the
obligation to provide evidence as witnesses only in respect of
official acts.

C. IDENTIFICATION OF PERSONS ENTITLED TO PRIVILEGES AND

IMMUNITIES

It is critical for an officer to identify quickly and accurately the status of any
person asserting immunity. Numerous documents are associated with
foreign diplomats; only one provides an accurate indication of the status of
the holder.

1. Identification cards issued by the U.S. Department of State

a. The only authoritative identity document is the

identification card issued by the U.S. Department of
POLICY & PROCEDURE SERIES #230 Page 6 of 13

State, Office of Protocol or by the U.S. Mission to the

United Nations.

b. There are three types of identification cards (see attached

sample pages):

1.) Diplomatic – will have a blue border for diplomats.

2.) Official – will have a green border for embassy

employees.

3.) Consular – will have a red border for consular

personnel.

c. The identification cards are 3 ¾” x 2 ½” and contain a

photograph of the bearer, the bearer’s name, title, mission,
city and state, date of birth, identification number, expiration
date, and a U.S. Department of State seal appear on the
front of the card. A brief statement of the bearer’s criminal
immunity is printed on the reverse side.

d. Officers shall call the U.S. Department of State, Office of

Protocol for verification in connection with any serious
incident or in any case where they have reason to doubt the
validity of the card.

e. Officers are advised that newly arrived members of

diplomatic and consular staffs may not yet have received
these official identity documents and should call the U.S.
Department of State, Office of Protocol, for verification.

2. Foreign Diplomatic Passports and U.S. “Diplomatic” Visas

3. Tax Exemption cards

4. Automobile Registration, License Plates, Drivers Licenses

The U.S. Department of State, through its Office of Foreign

Missions’ Diplomatic Motor Vehicle Office, has jurisdiction over the
registration of vehicles, and the issuance of operators permits for
individuals who have privileges and immunities in the United
States.

a. Plates with a “D” prefix or suffix are issued to diplomatic

missions and those members who hold diplomatic rank.
POLICY & PROCEDURE SERIES #230 Page 7 of 13

b. Plates with a “C” prefix are issued to consular missions and

career consular officers.

c. Plates with an “S” prefix are issued to the administrative and

technical staff at diplomatic missions and consular
employees at consular missions.

d. Plates with an “A” prefix or suffix are issued to official

vehicles of the Secretariats of the United Nations and the
Organization of American States and the personally owned
vehicles of those staff members who have diplomatic status.

5. The U.S. Department of State’s vehicle registration and driver

license status records are available to law enforcement agencies
through the National Law Enforcement Telecommunications
System (NLETS). Agencies may access these records using the
standard NLETS registration and driver query formats. NLETS has
assigned state code (destination ORI) “US” to this database. If you
require additional motor vehicle information, it can be obtained
telephonically, or by sending an Administrative Message (AM
message) to “DCDOS015V”.

D. STEPS TO FOLLOW WHEN A FOREIGN NATIONAL IS ARRESTED OR

DETAINED

1. Determine the foreign national’s country. In the absence of other

information, assume this is the country on whose passport or other
travel documents the foreign national travels.

2. If the foreign national’s country is not on the mandatory notification

list (see attachment on page 2-39.9:

a. Offer, without delay, to notify the foreign national’s consular

officials of the arrest/detention. For a suggested statement
to the foreign national, see attachment on page 2-39.10

b. If the foreign national asks that consular notification be

given, notify the nearest consular officials of the foreign
national’s country without delay.

3. If the foreign national’s country is on the list of mandatory

notification countries:

a. Notify that country’s nearest consular officials, without delay,

of the arrest/detention.
POLICY & PROCEDURE SERIES #230 Page 8 of 13

b. Tell the foreign national that you are making this notification.

4. Keep a written record of the notification and actions taken.

E. TRAFFIC ENFORCEMENT

1. Traffic infractions

a. Stopping a mission member or dependent and issuing a

traffic citation for a moving violation does not constitute
arrest or detention and is permitted.

b. The subject may not be compelled to sign the citation.

c. A copy of the citation and any other documentation

regarding the incident should be forwarded to the U.S.
Department of State as soon as possible.

1.) For “must appear” offenses, the Department uses the

citation and any report as the basis for requesting an
“express waiver of immunity.”

2.) Individuals cited for pre-payable offenses are given

the option of paying the fine or obtaining a waiver in
order to contest the charge.

2. Serious cases, e.g., DUI, personal injury, accidents, etc.

a. Telephonic notification to the U.S. Department of State is

strongly recommended. As soon as practical, supervisor
notification should be made. The supervisor will notify
officials with the U.S. Department of State. Supervisors will
document and record the date, time, whom contacted and
the circumstances of the incident.

b. Officers should follow the procedures the administration of

Standard Field Sobriety Tests (S.F.S.T.s):

1.) Standardized field sobriety test results should be fully

documented.

2.) The taking of these tests may not be compelled.

c. If the officer judges the individual too impaired to drive

safely, the officer should not permit the individual to continue
POLICY & PROCEDURE SERIES #230 Page 9 of 13

to drive, even in the case of diplomatic agents. Depending

on the circumstances, there are several options:

1.) The officer may, with the individual’s permission, take

the individual to the police station or other location
where he or she may recover sufficiently to drive.

2.) The officer may contact, or allow the individual to

contact, a friend or relative to drive.

3.) If appropriate, the officer may choose to provide the

individual with transportation (e.g., call a cab).

d. The property of a person having full criminal immunity,

including his or her vehicle, may not be searched or seized.
Such vehicles may not be searched or seized.

1.) Vehicles may not be impounded or “booted”.

2.) Vehicles may be towed the distance necessary to

remove them from obstructing traffic or endangering
public safety.

F. DIPLOMATIC VEHICLES

1. If a vehicle that is owned by a diplomat is suspected of being stolen

or used in the commission of a crime, occupants of the vehicle may
be required to present vehicle documentation to permit police
verification of the vehicle’s status through NLETS.

2. Should the vehicle prove to have been stolen or proved to have

been used by unauthorized persons in the commission of a crime,
the inviolability to which the vehicle would normally be entitled must
be considered temporarily suspended, and normal search of the
vehicle, and if appropriate, its detention, are permissible.

G. SUMMARY OF REQUIREMENTS PERTAINING TO FOREIGN

NATIONALS

1. When foreign nationals are arrested or detained, they must be

advised of the right to have their consular officials notified.

2. In some cases, the nearest consular officials must be notified of

the arrest or detention of a foreign national, regardless of the
national’s wishes.
POLICY & PROCEDURE SERIES #230 Page 10 of 13

3. Consular officials are entitled to access their nationals in detention,

and are entitled to provide consular assistance.

4. When a government official becomes aware of the death of a

foreign national, consular officials must be notified.

5. When guardianship or trusteeship is being considered with respect

to a foreign national who is a minor or incompetent, consular
officials must be notified.

6. When a foreign ship or aircraft wrecks or crashes, consular officials

must be notified.

7. In all cases involving foreign nationals, the officer will immediately

notify a supervisor. The supervisor will ensure the Sheriff, or his
designee is aware of the proceedings and the appropriate
notifications are made.
 POLICY & PROCEDURE SERIES #230 Page 11 of 13

Mandatory Notification Countries and Jurisdictions

Albania Malaysia
Algeria Malta
Antigua and Barbuda Mauritius
Armenia Moldova
Azerbaijan Mongolia
Bahamas, The Nigeria
Barbados Philippines
Belarus Poland (non-permanent residents only)
Belize Romania
Brunei Russia
Bulgaria
China
Costa Rica Saint Kitts and Nevis
Cyprus Saint Lucia
Czech Republic Saint Vincent and the Grenadines
Dominica Seychelles
Fiji Sierra Leone
Gambia, The Singapore
Georgia Slovakia
Ghana Tajikistan
Grenada Tanzania
Guyana Tonga
Hong Kong Trinidad and Tobago
Hungary Tunisia
Jamaica Turkmenistan
Kazakhstan Tuvalu
Kiribati Ukraine
Kuwait United Kingdom
Kyrgyzstan Uzbekistan
Zambia
Zimbabwe
 POLICY & PROCEDURE SERIES #230 Page 12 of 13

Suggested Statements to
Arrested or Detained Foreign Nationals

Statement 1:
When Consular Notification is at the Foreign National’s Option

As a non-U.S. Citizen who is being arrested or detained, you are entitled to have us
notify your country’s consular representatives here in the United States. A consular
official from your country may be able to help you obtain legal counsel, and may contact
your family and visit you in detention, among other things. If you want us to notify you
country’s consular officials, you can request this notification now, or at any time in the
future. After your consular officials are notified, they may call or visit you. Do you want
us to notify your country’s consular officials?

Statement 2:
When Consular Notification is Mandatory

Because of your nationality, we are required to notify your country’s consular

representatives here in the United States that you have been arrested or detained.
After your consular officials are notified, they may call or visit you. You are not required
to accept their assistance, but they may be able to help you obtain legal counsel and
may contact your family and visit you in detention, among other things. We will be
notifying your country’s consular officials as soon as possible.
 POLICY & PROCEDURE SERIES #230 Page 13 of 13

Fax Sheet for Notifying Consular Officers of

Arrests or Detentions
Date:
Time:

TO: Embassy of , Washington, D.C.

Consulate of , ,
(Country) (City) (State)

FROM: Name:
Office:
Street Address:
City:
State:
Zip Code:
Telephone:( )
Fax:( )

SUBJECT: NOTIFICATION OF ARREST/DETENTION OF A NATIONAL OF YOUR

COUNTRY

We arrested/detained the following foreign national, whom we understand to be a

national of your country, on , .

Mr./Ms.
Date of birth:
Place of birth:
Passport number:
Date of passport issuance:
Place of passport issuance:

To arrange for consular access, please call between the hours of

and . Please refer to case number when you call.

Comments:
 POLICY & PROCEDURE SERIES # 231 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
USE OF BALLISTIC VESTS 7/1/2018
APPROVED
J.S. Walton
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.05

I. PURPOSE:

The purpose of this policy is to provide law enforcement officers with guidelines for
the proper use and care of body armor.

II. POLICY:

It is the policy of the King William County Sheriff’s Office to maximize officer safety
through the use of body armor in conjunction with the practice of prescribed safety
procedures. While body armor provides a significant level of protection, it is not a
substitute for sound, basic safety procedures.

III. PROCEDURES:

A. Issuance of Body Armor:

1. All body armor issued must comply with the current minimum
protective standards prescribed by the National Institute of Justice.

2. All law enforcement officers shall be issued body armor.

(OPR.01.05)

3. Body armor that is worn, damaged or expired shall be replaced by

the agency. Body armor that must be replaced due to misuse or
abuse by the officer shall be paid for by the officer.

B. Use of Body Armor:

1. Law enforcement officers that are assigned to a uniformed function

are strongly encouraged to wear the issued body armor on duty
while engaged in field activities unless exempted as follows:

a. When the officer is involved in undercover or plainclothes

work that his/her supervisor determines would be
compromised by the use of body armor.

b. When the officer is assigned to perform an administrative

POLICY & PROCEDURE SERIES #231 Page 2 of 3

function.

c. When the department determines that circumstances make it

inappropriate to mandate body armor.

2. Officers shall wear only department-approved body armor.

C. Inspections of Body Armor:

1. Supervisors shall be responsible for ensuring that body armor is

worn and maintained as required by this policy by a periodic
documented inspection of employees’ body armor.

2. There shall be an annual inspection of all body armor for fit,

cleanliness, signs of damage, abuse, and wear.

D. Care and Maintenance of Body Armor:

1. Each law enforcement officer is responsible for the proper storage of

body armor in accordance with manufacturer’s instructions and daily
inspection for signs of damage and general cleanliness.

2. As dirt and perspiration may erode ballistic panels, each officer shall
be responsible for cleaning his body armor in accordance with the
manufacturer’s instructions.

3. Officers are responsible for reporting any damage or wear to the

ballistic panels to the Captain.

E. Training:

The Sheriff or his designee shall be responsible for maintaining the following
information:

1. Technological advances in the body armor industry that may

necessitate a change in body armor.

2. A description of weapons and ammunition currently in use, and

whether or not issued body armor can withstand their impact.

3. Training programs that inform the officers about body armor and
emphasize its safe and proper use.

4. Statistics on incidents where body armor has or has not protected

officers from harm, including traffic accidents.
POLICY & PROCEDURE SERIES #231 Page 3 of 3
 POLICY & PROCEDURE SERIES # 232 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
LINE-OF-DUTY-DEATHS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.23.04a, b

I. PURPOSE:

This policy is designed to prepare the department for the event of an

active duty officer’s death in the line of duty and to direct the department in
providing proper support for the deceased officer’s family.

II. POLICY:

It is the policy of this department to provide liaison assistance to the

immediate survivors of an active duty officer who dies in the line of duty and to
provide tangible and emotional support during this traumatic period of
readjustment for the surviving family.

III. DEFINITIONS:

A. Line-of-Duty Death: The death of an active duty officer by felonious

or accidental means during the course of performing police functions while
on- or off-duty.

B. Survivors: Immediate family members of the deceased officer to

include spouse, children, parents, siblings, fiancée, and/or significant
others.

IV. PROCEDURES:

A. Death notification:

The following procedures should be adhered to in cases of line-of-duty

deaths and in cases of critically injured officers with poor prognosis of
survival. These procedures should be followed whenever possible with
the understanding that the wishes of the family take precedence over the
desires of the department. Officers providing services and assistance to
family members and survivors shall take all possible measures to
accommodate their needs, wishes, and desires, but should not make
promises that they are not sure can be met.
POLICY & PROCEDURE SERIES #232 Page 2 of 7

1. The name of the deceased officer shall not be released to

the media or other parties before immediate survivors
living in the area are notified.

2. The Sheriff or his designee shall inform the immediate family

of the officer’s condition or death. If not immediately
available, the senior ranking officer will make the contact or
notification.

3. Notification of the immediate family should be made as soon

as possible and, if possible, coincidental with command
notifications.

4. Notification of survivors in the immediate area shall be made

in person and, whenever appropriate, with another
person such as the family’s clergy, rabbi, or other religious
representative. Whenever the health of immediate
survivors is a concern, emergency medical services
personnel shall be requested to stand by.

5. If the opportunity to get the family to the hospital exists prior

to the officer’s death, notification officers shall inform the
hospital liaison officer that the family is on its way. In such
cases, immediate transportation should be provided for
survivors rather than waiting for any other members of
the departmental delegation to arrive. If the officer has
died, notification should be made to the survivors in as
forthright and empathetic manner as possible.

6. Communication of information concerning the officer and the

incident shall, whenever possible, be restricted to avoid
interception by the media or others. Should the media
obtain the officer’s name prematurely, the ranking officer
should request that the information be withheld until proper
notification of survivors can be made.

7. The notification officer shall be responsible for identification

of additional survivors outside the area and shall make
any notifications as desired by the immediate family. Such
notifications shall be made by contacting the law
enforcement agency in that jurisdiction and requesting that a
personal notification be made.
POLICY & PROCEDURE SERIES #232 Page 3 of 7

8. The notification officer shall submit a written report to the

Sheriff specifying the identity, time, and place of
survivors notified.

B. Assisting survivors at the hospital:

Whenever possible, the Sheriff shall join the family at the

hospital in order to emphasize the department’s support. The
Sheriff and Captain will assist in the following:

1. Arrange for waiting facilities for immediate survivors and a

separate press staging area. The desires of the surviving
family members should be followed with regard to their
accessibility to other officers and friends.

2. Ensure that medical personnel provide pertinent medical

information on the officer’s condition to the family before
other parties.

3. Assist family members, in accordance with their desire, in

gaining access to the injured or deceased officer.

4. Provide hospital personnel with all necessary information on

billing for medical services. The liaison officer should ensure
that all medical bills are directed to the appropriate
departmental authority, and that they are not forwarded to
the officer’s family or other survivors.

5. Arrange transportation for the family and other survivors

upon their departure from the hospital.

6. Ensure that immediate family members are provided with

appropriate assistance at the hospital.

C. Appointment of department coordination personnel:

The designated department officer(s) shall begin serving in the

following capacities: department liaison, funeral liaison, benefits
coordinator, and family support advocate. These assignments will
be made in writing to departmental personnel, and the surviving
family members will be informed of those designated. In addition,
the Sheriff or his designee will:

1. Make additional personnel assignments to assist in handling

incoming telephone calls and inquiries and to direct the
POLICY & PROCEDURE SERIES #232 Page 4 of 7

public to appropriate personnel.

2. Ensure that the employee assistance program is

implemented to assist surviving family members and
emphasize the family’s right to psychological services.

3. Ensure that other officers are provided the opportunity to

participate in critical incident stress debriefings.

D. Department liaison:

The Captain will serve as the Department Liaison Officer and will
serve as a facilitator between the family and the law enforcement
agency. This individual will normally be a ranking officer in order to
expedite the tasks of employing department resources and the
delegation of assignments. This officer will work closely with the
funeral liaison officer to ensure that the needs and requests of the
family are fulfilled. This includes, but is not necessarily limited to,
the following:
(ADM.23.04b)

1. Providing oversight of travel and lodging arrangements for

out-of- town family members.

2. Identifying alternative churches and reception halls that will

accommodate the law enforcement funeral. These
alternatives will be presented to the family, who will make
the final determination.

3. Coordinating all official law enforcement notifications and

arrangements to include the honor guard, pallbearers, traffic
control, and liaison with visiting law enforcement agencies.

4. Assisting family members in dealing with general media

inquiries and informing them of limitations on what they
can say to the media specifically.

5. Providing liaison with the media to include coordination of

any statements and press conferences. The departmental
liaison shall also ensure that members of the agency are
aware of restrictions regarding release of any information
that might undermine future legal proceedings.

6. Ensuring that security checks of the survivor’s residence are

initiated immediately following the incident and for as long as
necessary thereafter.
POLICY & PROCEDURE SERIES #232 Page 5 of 7

E. Funeral liaison:

The department liaison will also act as facilitator between the

decedent officer’s family and the department during the wake
and funeral. Those duties will include:

1. Meeting with family members and explaining his/her

responsibilities to them.

2. Being available to the family prior to and throughout the

wake and funeral.

3. Ensuring that the needs and wishes of the family come

before those of the department.

4. Advising the family in working with the funeral director

regarding funeral arrangements.

5. Relaying any information to the family concerning the

circumstances of the decedent officer’s death and
appropriate information regarding any investigation.

6. Determining the need for travel arrangements for out-of-town

family members and any other special needs of the family
during the funeral and reporting this information to the
department liaison.

7. Briefing the family members on the procedures involved in

the law enforcement funeral.

F. Benefits coordinator:

The benefits shall be coordinated through the administration of King

William County and may include:

1. Filing workers’ compensation claims and related paperwork.

2. Presenting information on all benefits available to the family.

3. Documenting inquiries and interest in public donations to the

family and establishing a mechanism for receipt of such
contributions, as appropriate.

4. Preparing all documentation of benefits and payment due

POLICY & PROCEDURE SERIES #232 Page 6 of 7

survivors to include the nature and amount of benefits to be

received by each beneficiary, the schedule of payments and
the name of a contact person or facilitator at each benefit or
payment office.

5. Filing all benefits paperwork and maintaining contact with the

family in order to ensure benefits are being received. A copy
of benefits documentation should be provided to all
survivors affected and explained to each of them.

6. Advising the surviving family of the role of the police

associations and organizations and the nature of support
programs that they sponsor for law enforcement survivors.

G. Family support advocate:

The family support advocate serves in a long-term liaison and

support capacity for the surviving family. The duties of this
individual include the following:

1. Providing contact with surviving family members in order to

keep them abreast of criminal proceedings relating to the
death of their family member.

2. Accompanying family members to criminal proceedings,

explaining the nature of the proceedings, and introducing
them to prosecutors and other persons as required.

3. Identifying all support services available to family members

and working on their behalf to secure any services
necessary.

4. Maintaining routine contact with family members to provide

companionship and emotional support and maintain an
ongoing relationship between the department and the
immediate family.

5. Relaying the concerns and needs of the family to those

individuals or organizations that may provide assistance,
and encouraging others to visit and help as necessary.

H. All officers shall be trained on Line-of-duty death benefits in

accordance with the Code of Virginia. (ADM.23.04a)
POLICY & PROCEDURE SERIES #232 Page 7 of 7
 POLICY & PROCEDURE SERIES #233 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
USE OF RESTRAINTS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.09.01 a-b

I. PURPOSE:

The purpose of this policy is to establish guidelines for the use of handcuffs
and restraining devices.

II. POLICY:

The responsibility of an officer for the safe custody of his prisoner permits
some discretion in the use of handcuffs and restraining devices. The
department requires officers to exercise safety awareness by carefully
restraining most prisoners who must be transported to a jail or other location.
The Sheriff’s Office utilizes both metal and plastic handcuffs, belly chains
and ankle shackles. (OPR.09.01a)

III. PROCEDURES:

A. Handcuffs: (OPR.09.01b)

1. Every prisoner should be handcuffed to ensure the safety of the

prisoner, officers, or other persons who may come in contact with
the prisoner during the transport.

2. Handcuffs shall be used when transporting all prisoners charged with

a crime.

3. Officers shall handcuff a subject with the hands in back, but may
choose to handcuff hands in front only if the suspect is handicap or
disabled.

4. When a suspect is handcuffed, use of the double lock will help

ensure prisoner and officer safety. The double lock device is
normally located directly above the key hole on the locking
mechanism of the bracelet and can be locked by inserting a pointed
object (back of handcuff key, pen, pencil) in the lock and pushing
POLICY & PROCEDURE SERIES #233 Page 2 of 2

down. Double locking reduces the chance of picking the lock or of

the bracelet accidentally closing, further restricting circulation. When
possible, care should be taken to leave a small space between the
suspect’s wrist and the cuff.

B. Belly chain: (OPR.09.01b)

The belly chain allows the officer to handcuff the prisoner in front yet restricts
the movement of the prisoner's arms and hands. This device may be used
as available when transporting prisoner’s considerable distances.

C. Ankle shackles: (OPR.09.01b)

Ankle shackles shall be used by officers when transporting any prisoner they
have reason to believe might be an escape risk.

D. Plastic Disposable Restraints: (OPR.09.01b)

Disposable Restraints or “Flex Cuffs” should be used if arresting or detaining

multiple subjects. They are designed to be worn either in the front or back.
Officers should only use these when metal traditional handcuffs aren’t
available. Care should be exercised when removing the plastic restraints.
 POLICY & PROCEDURE SERIES #234 PAGE 1 OF 33
SUBJECT EFFECTIVE DATE
LEGAL PROCESS & DOCUMENT 7/1/2018
TRACKING APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.12.01
OPR.12.02 a-k
OPR.12.03
OPR.12.04
OPR.12.05 a-k

I. PURPOSE:

To establish control and service procedures for legal documents received by the
department and to lay foundations of a document control system.

II. POLICY:

The proper handling of all legal documents, in accordance with Code of Virginia §
15.2-1704, that are received by the King William Sheriff’s Office, is a shared
responsibility that rests not only with the Sheriff, but with all department personnel
who receive, handle, file and serve these documents. The legal process in the
Sheriff’s Office involves the serving of various legal papers received from the King
William County General District Court/Juvenile and Domestic Relations
Court/Circuit Court, or other law enforcement agencies or courts in other
jurisdictions.

The papers received from these various courts/agencies are papers that are for
citizens who reside inside the limits of King William, Virginia and the Town of West
Point.

The King William Sheriff’s Office may serve legal papers that are related to criminal
incidents as well as civil papers to include Emergency Protective Orders,
Temporary Detention Orders and Emergency Custody Orders. These papers will
be served on a timely basis.

III. PROCEDURES:

A. Document Control System (DCS):

1. Designated administrative personnel will be responsible for entering

the document into the document control system.
POLICY & PROCEDURE SERIES #234 Page 2 of 34

2. All legal documents coming into the control of the King Willliam
Sheriff’s Office will be entered into the departmental computer
system, warrants module by administrative personnel after the
document is served.

B. Computer Aided Document Control System:

The department record management system contains a warrant module.

The warrant module contains a data base where information and types of
documents described below are entered/stored:

1. Criminal case identification

2. Date and time document was received (OPR.12.02a)(OPR.12.05a)

3. Type of document (warrant, capias, ECO, TDO, etc.)

(OPR.12.02c) (OPR.12.05c)
4. City or County of origin of the document
(OPR.12.02d) (OPR.12.05d)
5. Name of complainant or defendant/respondent
(OPR.12.02e) (OPR.12.05e)
6. Officer serving the document, and date of assignment
(OPR.12.02f,g) (OPR.12.05f,g)
7. Date served
(OPR.12.02i) (OPR.12.05i)

8. Location and method of service

(OPR.12.02h,j) (OPR.12.05h,j)
9. Reason for non-service
(OPR.12.02k) (OPR.12.05k)
C. Document Tracking
(OPR.12.02b)
(OPR.12.05b)

Legal papers that come into the control of the King William Sheriff’s Office
are to be entered into the department’s record management system, or
RMS, by the Office Manager.

It is the responsibility of the officer to be sure the paper is served in a

timely manner. If the paper cannot be served, the officer will return the
paper to the Office Manager. The Officer Manager will ensure the paper is
documented. The following information should be entered in the RMS
with the paper.

1. Type of paper: warrant, capias, TDO, ECO, petition

POLICY & PROCEDURE SERIES #234 Page 3 of 34

2. Person to be served

3. Charge

4. Notification of Communications and VCIN entry

5. Name of serving officer

6. Date of service or attempted service

7. Reason for Non-Service

D. Access/Control of Criminal Documents:

1. The current record system maintained for criminal warrants, capias,

detention orders and police summonses provides for a 24 hour
access to these documents through the Communications Center.

2. Should the document not be served prior to end of shift, the officer
assigned the document, will provide the document to the on-coming
officer.

3. At no time will a document remain with any officer during his off-
duty hours.

4. If the officer(s) attempting to serve the document discovers the

defendant has left the jurisdiction, or is incapacitated (i.e. hospital),
the document shall be returned to the office manager.

E. Execution of Criminal Documents: (OPR.12.04)

1. Virginia statutes and departmental policy govern the execution of

criminal documents to include:

a. Types of warrants to be executed – see paragraph above

b. Territorial limitations upon execution – See P&P 121

c. Time requirements for execution – See paragraph below

d. Issuance of summons in lieu of arrest – See § 19.2-74, Code

of Virginia and P&P 206

e. Use of force

f. Immunity from arrest – See P&P 230

POLICY & PROCEDURE SERIES #234 Page 4 of 34

g. Acquired Property Disposition:

(1) Claimed – Released to Owner

(2) Unclaimed – § 15.2-1719, Code of Virginia

(3) Unlawful Property

2. Arrest warrants (misdemeanor and felony), capias and detention

orders will be served by sworn law enforcement officers only (sec.
19.2-72, Code of Virginia).

3. Normally, criminal documents will not be served between the hours

of 0001 – 0500 except in the following cases:

a. Felony warrants shall be served at any time the defendant

can be located.

b. Priority attention will be given to arrest warrants issued due

to a defendant’s failure to appear in court. Quick action in
serving such warrants can significantly increase the
likelihood of apprehension.

c. If there is reason to believe that an individual for whom there

is an outstanding warrant, capias or detention order may be
a danger to themselves or others, or may flee from the
jurisdiction, execution shall be made when the individual is
located, regardless of the hour.

d. Officer makes an on-site arrest – warrants obtained will be

executed immediately.

F. Mail Correspondence/Teletype Correspondence

1. Misdemeanor warrants (minor, non-violent)

Whenever a misdemeanor warrant/summons is sent to another jurisdiction

for service:

a. The warrant/summons will be forwarded to the appropriate

jurisdiction.

2. Felony warrants
POLICY & PROCEDURE SERIES #234 Page 5 of 34

a. In cases when a felony warrant is on file and available

information indicates that the subject is located within the
state, the investigating officer will have the dispatcher send a
teletype message to the jurisdiction with information to
include:

(1) Wanted person(s) name

(2) Description

(3) Charge

(4) Address where subject may be located

b. If available information indicates that the suspect may be

located outside of the state, the following steps must be
taken:

(1) Commonwealth Attorney will be contacted to confirm

or decline extradition.

(2) If extradition is confirmed, a teletype message will be

sent (including the same information as above) to the
police agency explaining the circumstances.

(3) If the subject is arrested by the agency, the

investigating officer must send a copy of the felony
warrant to the police agency making the arrest.

c. If a felony warrant has been issued and there is no

information available indicating the suspect’s location, but it
is suspected that the suspect has left the town:

(1) The Commonwealth Attorney will be contacted to

confirm or decline extradition.

(2) If extradition confirmed, felony warrant information will

be entered into VCIN/NCIC files in accordance with
VCIN manual guidelines.

3. Criminal Documents received:

a. Criminal documents received from other jurisdictions will be

handled as follows:
POLICY & PROCEDURE SERIES #234 Page 6 of 34

(1) Entered into Warrant module after service

(2) Assigned to an officer on duty

(3) The served document will be returned to the

originating agency.

(4) If not served in 7 days, the warrant will be sent back

to requesting jurisdiction following the same
procedure outlined in E-3a (4) above.

b. If it is determined that the defendant listed on a criminal

document from another agency does not reside within the
county of King William, the document will be destroyed or
returned at the request of the originating agency.

G. Purging:

King William Sheriff’s Office purges criminal documents from the files in
accordance with § 19.2-76.1 of the Code of Virginia.

H. Civil Papers: (OPR.12.01)

Service and Return of Civil Process - General:

1. The purpose of the service of process is to obtain jurisdiction over a

defendant in a suit by notifying the defendant of the case in which
they are a party and thereby bring the defendant into court. The
primary purpose of the RETURN is to give the Court evidence of
the jurisdictional facts of service. The return, by its content, must
show that the legal requirements have been met and is therefore
valid.

The validity of the service is dependent upon the mode of service

used and upon the return made by the deputy. Civil processes may
not be serviced on Sunday, except in cases of persons escaping
from custody. Writs of attachment may not be executed on Sunday
except upon sworn oath that the defendant is actually moving
goods on that day or is about to leave the state in order to change
domicile. Service of execution of a process on any legal holiday or
at any time on Saturday is legal. The deputy making the service is
required to make a true return upon the process. The return must
show the Sheriff’s name as well, since the deputy is acting for him;
otherwise, the return can be quashed by the trial court.

2. The return is evidence only of the performance of acts within the

POLICY & PROCEDURE SERIES #234 Page 7 of 34

official duty and power of the Sheriff and, therefore, the return
should include only such acts as are required by law.

3. Three kinds of service to resident:

a. in person;

b. delivery to a member of the person’s family;

c. posting.

The law is concerned with, the residence of defendants rather than

their domicile. Thus a defendant residing in, or physically present
in, Virginia is subject to service even though the defendant’s legal
domicile is in another state. The terms “residence” and “usual
place of abode” are considered to be synonymous in any reference
made thereto in this section.

4. The later two kinds of service are called “substitute services.” The
deputy does not have a choice as to the order of service. The
deputy may, if the process allows, deliver the process to a member
of the family only if the deputy is unable to make personal service.
The deputy may post a copy of the process only if the deputy has
been unable to make personal service or deliver a copy to a
member of the family. All services of any nature, if posted, will be
posted on the main entry door of the usual place of abode or
residence. It is especially important in the case of substituted
service to show that the legal requirements have been met. For
example, if service is made upon a member of the defendant’s
family, the return must show:

a. that the service was made at the defendant’s usual place of

abode;

b. that the defendant was not found at the defendant’s usual

place of abode;

c. the relationship of the person served to the defendant;

d. that the purpose of the paper was explained to the person

served;

e. that the person served was over sixteen years of age; and

f. the date on which service was made.

POLICY & PROCEDURE SERIES #234 Page 8 of 34

5. The stamps used for proof of service and the printed statements on
certain court processes, when properly completed, provide for all
legal requirements mentioned above. Additional information, if
available, such as new or forwarding address, etc., can be noted on
the return.

6. Upon receipt of all types of legal process, the Sheriff’s Office

applies a stamp, which is a unique computer generated number.
This entry creates a record in the Computer System. Document
entry is completed, depending upon type of process, by either the
civil or communications sections. If the document is a civil process
then it is entered by the sheriff’s secretary. In the case of a criminal
document it is entered by the communications section. The legal
process record created and maintained provides for:

a. Date and time received

b. Type of process (civil/criminal)

c. Nature of document
a. Source of document
b. Name and address of the plaintiff/complainant/defendant/
respondent
f. Deputy assigned for service
g. Date of assignment
h. Method of service
i. Date of service and/or return
j. Location of service or attempt
k. Court docket number
i. Reason for non-service

Processes Requiring Personal Service:

1. Out-of-State Processes. These papers frequently consist of

divorce actions, but may apply to any type of lawsuit. They should
be served in person to the individual named unless it is specifically
stated by the out of state service.

2. Capias. Meaning “that you take” (Latin) is the general name of

several species of writs, the common characteristic of which is that
they require the deputy to take the body of the defendant into
custody. They are writs of attachment of arrest.
POLICY & PROCEDURE SERIES #234 Page 9 of 34

3. Show Cause Rule (signed by a judge). All Criminal Show Cause

and Show Cause Rules that are issued in King William County
Courts shall be served in person. Substitute service may be used
in specific instances depending on the judge’s instructions.

4. Restraining Orders. An order which is issued upon the filing of an

application for an injunction forbidding the defendant to do the
threatened act until a hearing on the application is heard. Although
a restraining order and injunction are sometimes used
synonymously, a restraining order is distinguished from an
injunction in that it is intended only as a restraint upon the
defendant until the propriety of granting an injunction, either
temporarily or permanently, can be determined.

5. Bench Warrant. A process issued by the court itself, or “from the

bench” for the attachment or arrest of a person, either in cases of
contempt or where an indictment has been found, or to bring in a
witness who did not obey a subpoena; so called to distinguish it
from a warrant issued by a magistrate or commissioner.

6. Injunctions. A prohibitive writ issued by a court of equity forbidding

a defendant in an action to do some act which the defendant is
threatening or attempting to do; and, which if committed would be
unjust or injurious to the plaintiff and which cannot as such be
adequately redressed by an action at law.

In addition to personal service on the above-mentioned processes,

injunctions and restraining orders should be read by the deputy to
the defendant. In the case of a bench warrant, the judge signing
the order forwards it to the Sheriff for execution. One copy is given
to the defendant at the time of the arrest and the other is executed
and returned to court.

7. Personal service should be attempted, but is not legally necessary,

on Levies, Distress Warrants, and Detinue Seizure Warrants.
These actions will be covered in more detail under their respective
headings elsewhere in this Procedure Manual.

8. Garnishments and Attachments on Co-Defendants. (The co-

defendant is the individual or corporation in possession of funds
due or owing to the defendant.) The service to the co-defendant
should be served in person to an officer of the corporation or the
individual who pays the defendant or controls payment of the
defendant. This is usually the payroll, comptroller, or the treasurer,
but service to any officer or manager employee of the business or
corporation is valid. The co-defendant named should always be
served regardless of information offered that the defendant is not
POLICY & PROCEDURE SERIES #234 Page 10 of 34

employed by the co-defendant or that no monies are due. It is up

to the co-defendant to include such information in the notarized
statement as is required to make to the court by the trial date. On
garnishments there are certain wages and property, which are
exempt. These exemptions are set forth in a schedule which is
attached to the process being served upon the co-defendant. An
attachment, however, is applicable to all the wages, funds, or
personal property of the defendant, which are under the control of
the co-defendant at the time of service. Always serve the co-
defendant first.

Once having served the co-defendant in a garnishment or

attachment action, the defendant, if within the Sheriff’s jurisdiction,
can be served in person or by substituted service at the defendants’
usual place of abode. There may be situations where the
defendant can be found easily at his or her place of employment
and served in person, but such service should be the exception
rather than the rule. It also should be noted that service may be
accomplished anywhere the defendant is found in the county.

9. Corporations, Companies, Partnerships, and Registered Agent. A

corporation is an artificial entity created by the state. It cannot be
served with a process in any other way than by making an actual
service on a natural person who is an officer or agent of the
corporation. Service on the spouse, as such, of an agent or officer
of the corporation is not valid unless the spouse is an officer of the
corporation. The persons upon whom service may be made in
order to serve a corporation or partnership are set forth below:

a. Municipal Corporations: Service may be made on the mayor,

recorder, attorney, manager, or any alderman, councilman,
or trustee of the city or town.

b. Private Corporations: On the president or chief officer, vice-

president, cashier, treasurer, secretary, general
superintendent, general agent, or registered agent.

c. Foreign Corporations: A foreign corporation is one, which

has been granted a charter by a state other than Virginia.
Service of process is made on the registered agent of the
corporation. In making the return, the registered agent’s
name should be followed by “Registered Agent for (name of
corporation).” The service should be made to the individual
named as the registered agent, even if the individual advises
he or she is no longer the registered agent for the
corporation involved. If service cannot be made to a
POLICY & PROCEDURE SERIES #234 Page 11 of 34

registered agent in a reasonable period of time, alternate

procedure of service through the Clerk of the State
Corporation Commission is valid. The only exception is if
the registered agent has a letter from the State Corporation
Commission stating the registered agent is no longer the
“Registered Agent” for that particular Corporation.

d. Partnership: On any partner, provided that the suit is a

partnership matter.

e. Unincorporated Associations, Orders, or Common Carriers:

On any of its officers or trustees. Service on an agent of an
unincorporated association is not sufficient. However, when
the unincorporated association is a common carrier, service
may be made to any agent of the carrier or a driver, captain,
or conductor of any vehicle of such carrier. If none of these
can be found, service may be made by publication.

10. Protective Orders

a. A Protective Order (preliminary protective order or final

protective order) is issued by the Juvenile and Domestic
Relations Court in crimes where a family member has been
assaulted by the other and is likely to be assaulted again.
The order contains provisions requiring compliance on the
part of the allegedly abusing family member. Protective
Orders are not warrants of arrest and will not be treated as
such.

b. There are three types of Protective Orders:

(1) Emergency Protective Order (EPO) – The EPO is

valid for at least 72 hours or the next time court is in
session.

(2) Preliminary Protective Order (PPO) - The PPO is valid

for fifteen (15) days from the date of issuance.

(3) Protective Order - For departmental purposes (and to

distinguish between the two), this order will be
referred to as the Final Protective Order (FPO). The
FPO shall be issued for a specified period not to
exceed one year (refer to the termination date on the
actual order itself.)

c. Both orders are effective with personal service of the order

POLICY & PROCEDURE SERIES #234 Page 12 of 34

upon the allegedly abusing spouse. However, either order

may be rescinded or modified at any time by the court.

d. To obtain a Protective Order, the victim (petitioner) must

appear before an Intake Officer and swear to the petition.

(1) The petition will be forwarded to the court and heard

by the court as soon as possible. The judge will
decide on whether or not to issue a PPO in response
to the petition.

(2) If issued, the PPO shall specify a date for the full
hearing. This full hearing will be conducted within
fifteen (15) days. At the full hearing, the judge will
then determine if cause exits to issue an OOP.

e. The Juvenile and Domestic Relations Court will forward

Protective Orders to the Sheriff‘s Office for personal service.

f. Processing of Orders by the office.

The Communications Section will enter all Protective Orders

into the Sheriff’s Office Computer System.

g. Service of Orders by Deputies.

(1) The personal service of the orders will receive priority
attention by deputies. Whenever possible, an attempt
at personal service shall be made as soon as possible
after the order is received.

(2) The deputy serving the order will serve it on the

respondent personally. No arrest paperwork shall be
completed in reference to the service. The deputy will
show the execution of the order by signing it in the
appropriate place. The deputy shall also indicate the
date and time the order was executed, if the order
requires notation of time. Deputies will write legibly
as the execution of service information is very
important.

(3) Deputies will provide the respondent with a copy of

the order.

(4) The original order will be returned to the Civil Section

where the date and time of service, etc., will be
entered into the computer system. The original order
POLICY & PROCEDURE SERIES #234 Page 13 of 34

will then be returned to the Juvenile and Domestic

Relations Court where the return of service will be
certified and a copy sent to the law enforcement
agency.

(5) When attempting to serve an order at a residence

shared by the petitioner and respondent, it is
suggested that no fewer than two (2) deputies should
attempt service.

h. Service of Orders Which Grant Possession of the Residence

to the Petitioner.

(1) When deputies serve an order at the residence

shared by the petitioner and respondent and the order
requires the respondent to grant the petitioner
possession of the residence (to the exclusion of the
respondent), the deputies shall escort the respondent
off the resident property.

(2) Deputies may, at their discretion and if there is no

immediate threat of violence, allow the respondent to
gather personal belongings prior to being escorted off
the resident property. The courts currently allow
fifteen (15) minutes. However, in no case shall the
respondent be allowed to remain at the resident
property after service of the order. When the deputies
leave, the respondent shall also be required to leave.

I. Deputies will use caution when serving Protective Orders.

Particular caution is emphasized in those cases where
deputies allow the respondent an opportunity to gather
personal belongings.

j. Violation of Orders Directing the Respondent to Grant

Possession of the Residence to the Petitioner.

(1) A respondent who violates such a provision (of either

order) may be charged with trespassing (The
respondent must have been served with the PPO or
FPO in order to be charged with trespass under that
code section.)

(2) It is the policy of this office that deputies, absent

extenuating circumstances, shall affect the arrest of a
respondent who has violated the trespass provisions
of a PPO or FPO. Any such arrest must be based
POLICY & PROCEDURE SERIES #234 Page 14 of 34

upon - probable cause and other legal mandates.

Violators will be charged under the Code of Virginia.
Summons:

1. General: By definition, a summons is a writ, which calls a

defendant into court. If, however, the writ calls a witness into court,
it is technically a subpoena rather than a summons. Proper service
of a summons brings the defendant under the jurisdiction of the
court. It notifies the person that an action has been commenced
against him or her and that he or she is required to appear at a
specific date and time to answer the complaint in such action. A
subpoena (even though labeled a summons) is a writ or mandate to
bring a witness into court to give testimony and/or produce records.
Failure to obey a summons can cause a defendant to lose a case
by default and failure to obey a subpoena usually constitutes
contempt of court with attendant penalties, either as provided by
law or as imposed by the judge or magistrate concerned.

2. Jury Summons: Summonses to individuals for jury service fall in a

special category since the individual called is neither a defendant
nor a witness. Failure to comply with this summons, however, is
treated in a manner similar to a subpoena in that a fine can be
assessed; i.e., not less than $5.00 nor more than $25.00 in the
case of a Grand Jury summons, and not less than $25.00 nor more
than $100.00 in the case of a Petit Jury summons. In King William
County, a jury list is made up and summonses sent out for both
Grand Jury and Petit Juries every three months. For Grand Jury
duty, summonses are made up and served in order to constitute a
Grand Jury of five to seven members. For Petit Jury duty, jury
summonses are made up and served in order to provide a sufficient
number of jurors for the ensuing terms of the Circuit Court. The
term of service is for three months.

Instructions on Service of Grand Jury: Personal service is

preferred; however, in the absence of the individual named,
substituted service may be made to a member of the family (over
the age of sixteen years); posted service is acceptable after
attempts to make personal service has been exhausted.

3. Witness Summons: A summons for a witness as mentioned above,

is technically a subpoena. If not obeyed the person summonsed
can be held in contempt of court.

4. Juvenile and Domestic Relations Summons: There are normally

six (6) kinds of summonses used in the King William County
Juvenile and Domestic Relations Court. They are:
POLICY & PROCEDURE SERIES #234 Page 15 of 34

a. The juvenile summons type, which is a printed blue form and

which summonses the juvenile involved and the parents or
guardians of the juvenile.

b. The non-support type, which summonses the defendant,

who allegedly has failed to provide the support required.

c. The out-of-state or foreign process for non-support and

which is to be heard in the King William County Juvenile and
Domestic Relations Court.

d. A “Show Cause Rule” signed by a judge and which

summons the defendant to appear before the judge to show
cause or explain why he or she failed to appear in court in
answer to a previous summons or otherwise failed to comply
with a court order.

e. Protective Order.

c. The witness type summons, usually issued by the

Commonwealth’s Attorney’s Office for appearance in
Juvenile and Domestic Relations Court.

5 Civil Court Summons: At the lower court level, civil actions may be
commenced by warrant or motion for judgment. Process to
commence an action is ordinarily an order directing the Sheriff to
summons the defendant to answer the complaint of the plaintiff at
the time and place stated. The warrant must be served not less
than five (5) calendar days before the return date (date of court
trial), and the defendant is required to appear before the court on a
day not exceeding sixty (60) days from the date of issuance of the
warrant. Courts at the lower level are referred to as “courts not of
record,” while the next higher courts (Circuit) are “courts of record.”
At the lower court level, every action or proceeding in civil court is
tried according to principles of law and equity (chancery) prevail. In
the King William County Circuit Courts, however, cases are tried
either as “law” cases or as “chancery” cases and are initiated as
one or the other at the time of filing with the Clerk of Court. This
distinction between the lower civil courts and Circuit Courts will be
covered in more detail in the discussion of Circuit Court type
actions and papers.

6. Interrogatory Summons: The interrogatory summons, as the name

implies, is a summons issued to bring a defendant into court for the
purpose of finding out from the defendant under oath, what property
or estate he or she owns (and which presumably can be levied
POLICY & PROCEDURE SERIES #234 Page 16 of 34

upon and sold to satisfy a money judgment previously obtained

against the defendant). The interrogatory summons form used in
King William County is useable and returnable to either General
District Court or to the Circuit Court. Note also that the
interrogatory summons is used only after a judgment has been
granted the plaintiff in a previous court action. It is one of the
means used to execute a judgment and is part of the fieri facias
process. A fieri facias, or “fi fa” as it is called, is a writ of execution
in which the Sheriff or City Sergeant is commanded to levy and
make the amount of judgment from the goods and chattels of the
judgment debtor. The Interrogatory Summons, therefore, is a
means, which can be used to determine officially what goods and
chattels are in existence upon which a levy can be made. The
interrogatory summons can be used to expedite the levying
process. For example, if a defendant drives to court in his or her
personally owned motor vehicle or truck with equipment, an
opportunity is provided the Sheriff, if the plaintiff desires, to execute
a levy thereon concurrently with the court action on the
interrogatory summons.

7. Garnishment Summons: The garnishment summons is also a

means, as part of the fieri facias process, whereby a creditor can
reach the property of a debtor. Both serve as the basis for making
levies and sales. Further details of attachments are covered in
subsequent paragraphs. The garnishment summons, as received
in the Sheriff’s Office from the Clerk of Court, consists of the
original copy, accompanied by a Fi Fa form; a copy of the
summons for the co-defendant to which is attached a schedule of
exempt wages; and a copy of the summons for service on the
defendant. The Virginia Code requires the attachment of the Fi Fa
form to the garnishment summons, but no action is taken on the Fi
Fa form except to attach it to the original copy of the garnishment
summons. This Fi Fa form can be used, however, if the judge so
desires, as authority to make a levy against the defendant when he
or she appears in court in answer to the summons and is used later
by the Sheriff’s Office as a single piece of paper and has a notation
of “Levy” or “Actual Levy” on it.

8. Detinue Summons/Warrant: By definition, detinue is a form of

action which seeks the receivers of specific personal property from
one who has acquired the property legally, but who retains it
without right. In actual usage, it is no longer considered important
as to how the property was acquired since the purpose of the action
is to return the property to the owner. This kind of action is often
taken by a furniture company to recover furniture or appliances
from the purchaser who has defaulted on his or her installment
payment, or it may be taken by a finance company holding title to
POLICY & PROCEDURE SERIES #234 Page 17 of 34

an automobile or other item of personal property to recover the

same. It is an action taken by the plaintiff before the merits of the
case have been heard in court and for that reason, the process
must be initiated and accomplished with strict adherence to the
statutory requirements. To initiate the action, the plaintiff certifies
under oath that the defendant will sell, remove, secrete, or
otherwise dispose of the property before the judgment of the court
can be rendered or that the property will be materially damaged or
injured if permitted to remain longer in possession of the defendant,
etc. Furthermore, the warrant to seize property in detinue is not
issued by the Clerk of Court unless a bond of at least double the
estimated value of the property has been executed payable to the
court.

Accompanying the seizure warrant as a separate piece of paper is

the summons to the defendant to appear in court on a certain day.
At that time, the judge will listen to all the evidence and decide if
seizure of the property by the plaintiff was warranted. If not, the
judge could order the plaintiff to return the property to the defendant
or, alternatively, to pay the defendant in money. Sometimes only
the summons will be issued and the case tried without actual
seizure and return of the property to the plaintiff, but usually both
the summons and the seizure warrant are to be executed together.

9. Attachment Summons/Order: As mentioned in paragraph 7

(Garnishment Summons), an attachment action or order is a
procedure taken before the matter has come to court. It is,
therefore, referred to as an attachment before judgment.
Nevertheless, as a means or basis for making a levy, seizing
property and/or acquiring a contingent lien on assets of a defendant
subject to a court decision, it is as effective as a levy or
garnishment action taken after a judgment has been obtained.
Three distinctions should be noted. First, as compared to a
garnishment action, an attachment served on a co-defendant is
effective only against property which the co-defendant is holding for
or owes the defendant at the time service is made and would not,
for example, be effective as an attachment on wages earned by the
defendant and held by the co-defendant after the time of service,
whereas a garnishment is effective against the wages earned up to
the date of the court appearance. Secondly, the attachment order
can be effective against either personal property or real estate,
whereas a garnishment is against personal property (i.e.,
wages/salary.) Thirdly, an attachment order can be used both as an
attachment (as a levy) or as seizure of personal property. When
personal property is seized under an attachment order, its
possession is normally taken over by the Sheriff and held pending
POLICY & PROCEDURE SERIES #234 Page 18 of 34

its disposition as ordered by the court.

Since the proceeding is statutory and could be used oppressively,

its application must be carefully executed and carried out only as
prescribed in the statutes which require one of the six
circumstances as set forth below:

Is a foreign corporation, or is not a resident of this state, and has

estate or debts owing to said defendant within the County of King
William, or that said defendant, being a nonresident of this state, is
entitled to the benefit of a lien, legal or equitable, on property, real
or personal, within the County of King William; or is removing, or is
about to remove, out of this state, with intent to change his or her
domicile; or intends to remove, or is removing, or has removed the
specific property sued for, or his or her own estate, or the proceeds
of the sale of his or her own property, or a material part of such
estate or proceeds, out of this state so that there will probably not
be therein effects of the said defendant sufficient to satisfy the
claim when judgment is obtained should only the ordinary process
of law be used to obtain the judgment; or is converting, or is about
to convert or has converted his or her property of whatever kind, or
some part thereof, into money securities, or evidence of debt, with
intent to hinder, delay or defraud his or her creditor; or has
assigned or disposed of, or is about to assign or dispose of, his or
her estate, or some parts thereof, with intent to hinder, delay, or
defraud his or her creditors; or has absconded, or is about to
abscond, from this state, or has concealed himself or herself
therein to the injury of his or her creditors, or is a fugitive from
justice.

The attachment order is issued on the basis of a written petition

filed by the plaintiff or his or her attorney with the Clerk of Court
where the case will be heard. When an attachment is returned not
served on the principal defendant(s), whether levied on property or
not, further attachments and summonses may be issued based on
the original petition until service is obtained on him or her, if he or
she is a resident of this state. If service cannot be had in this state,
upon an affidavit of that fact, an order of publication shall be made
against him or her. In other words, jurisdiction of the court over the
defendant’s property cannot be achieved solely by virtue of service
on the co-defendant or by seizure of his or her property. In view of
the circumstances which prescribe the issuance of an attachment
order, it is permissible and legal to issue and execute the
attachment and summons on a Sunday provided on oath is made
by the plaintiff that the defendant is actually removing the effects on
that day, or is about to move out of the state with intent of changing
POLICY & PROCEDURE SERIES #234 Page 19 of 34

his or her domicile.

The attachment order has three main actions in it:

a. A command that specific property be attached;

b. That upon execution of a bond, possession be taken of the

tangible personal property; and

c. That the principal defendant and co-defendant be

summoned into court. As a matter of practice in King
William County, a bond is required by the Clerk of Court
before the attachment order/summons is issued and an
endorsement to the effect that a bond has been executed
and is in the hands of the court.

10. Subpoena Duces Tecum: In many court cases, documentary

evidence is needed as well as the testimony of an individual
witness. When such evidence is needed, a subpoena is issued to
summons the person holding the documents, records, or books into
court to present the documents for court examination and to testify
with respect thereto. This type of summons is called a “Subpoena
Duces Tecum.” It is served in accordance with the rules which
apply to service to a witness and, since it is usually served at a
place of business, it is served there either to the individual named
or his or her supervisor.

Circuit Court Actions:

1. General

The Circuit Courts of Virginia are established under the Constitution

of Virginia. The Commonwealth presently has thirty-one Judicial
Circuit Courts authorized. Each of these courts of record has
jurisdiction in one or more counties or cities of the state. The Ninth
Circuit Court of Virginia has jurisdiction in the County of King
William. The Circuit Court Judge has his office in the New Kent
Courthouse Complex. The types of cases heard in Circuit Court fall
into three principal categories: law, chancery, and criminal. All
three can be cases which either originate in Circuit Court or have
been appealed in the General District or Juvenile and Domestic
Relations Courts. Under the heading of law cases are motions for
judgment, negligence suits, and money suits. Under the heading of
chancery fall adoptions, divorces, separations, specific
performance suits, and mechanic’s liens on real property and
personal property. Criminal actions consist of cases referred by the
POLICY & PROCEDURE SERIES #234 Page 20 of 34

Grand Jury from lower court’s preliminary hearings, indictments

presented to the Grand Jury by the Commonwealth’s Attorney, and
other criminal cases, either misdemeanors or felonies where the
defendant has appealed the lower court’s decision or requests a
trial by jury. All jury cases, whether law or criminal, are heard in
Circuit Court. Chancery cases are decided by a judge, never a
jury, unless a specific issue or performance is involved. The
essential difference between law and chancery cases is that in a
law case the court has no equitable powers, The court will
administer justice according to the rules of common law, whereas
under chancery the court applies the principles of chancery law and
follows the procedures of equity. The option to file a suit in one or
the other rests with the plaintiff or his or her attorney and, once
initiated, cannot be changed unless the selection is obviously
wrong, in which event the judge can make the change.

a. The two most commonly used processes for Circuit Court

actions are:

(1) Notice of Motion for Judgment; and

(2) Subpoena in Chancery

The first will have a law case number and the second
will have a chancery number. Affixed to each action,
as a separate piece of paper, will be a “Proof of
Service” form on which the return is made by the
deputy making the service. The “Notice of Motion for
Judgment” will have attached to it a statement or
affidavit which sets forth the specifics of the motion for
judgment by the plaintiff, and the “Subpoena in
Chancery” will have attached to it a “Bill of Complaint”
which contains the details of the complaint (usually an
action involving a pendente lite, divorce, or
separation) being made by the complainant. A
“Subpoena in Chancery” is in the nature of a
summons to a defendant rather than a witness
summons. It requires the person named to appear
before the court to answer the complaint of the
petitioner or to show cause why he or she should not
be required to give the relief demanded. Divorce
actions are heard before Commissioners in Chancery
appointed by the court. The commissioners hear the
arguments in the matter and make recommendations
to the court as to final disposition of the cases. The
court itself, however, handles all matters of temporary
POLICY & PROCEDURE SERIES #234 Page 21 of 34

support, alimony, and temporary custody of children

as well as any exceptions taken to the
commissioner’s recommendations.

2. Petitions

A Petition is an application in writing to the court stating the

circumstances upon which it is founded and requesting an order of
the court or such other relief as is desired by the petitioner.
Petitions are cases in chancery and often involve adoptions.
“Petitions” are actions taken under chancery as distinguished from
“motions” which usually refer to actions taken under law.

3. Confession of Judgment

This is an action where the defendant or debtor acknowledges in

writing before the Clerk of Court (or any other person authorized to
do so) that he or she is indebted to a certain creditor and confesses
a judgment for so much principal and interest as the plaintiff is
willing to accept. Upon such confession, the Clerk of Court enters
the date and time of day of the confession where such judgment is
entered in the records. A judgment by confession has almost all
the weight of a judgment granted by the court itself and saves
considerable time of the court and the parties involved. A
defendant confessing judgment is esteemed, in the absence of
fraud, to question its validity on account of irregularities to which he
or she did not object, or to dispute any facts set forth in the
confession and, if after entry of the judgment, he or she ratifies it or
accepts it, he or she is further stopped from denying the authority
on which it was confessed. It can be seen, therefore, that service
on a copy of the confession of judgment to the defendant serves
the purpose of accomplishing the ratification or acceptance which
makes the confession of judgment more binding.

4. Mechanics Lien

This is a statutory lien of a contractor, subcontractor, laborer, or

material man who has performed labor or furnished material of the
value of $50.00 or more for construction, repair, improvement, or
removal of any building or structure affixed to real property with the
consent of, or at the request of, the owner. The lien attaches to the
building upon which the labor or material was provided.

A mechanic’s lien can also apply to repairs performed on personal

property, such as a vehicle or appliance.
POLICY & PROCEDURE SERIES #234 Page 22 of 34

In order to be effective, a mechanic’s lien on real property has to be

recorded before the expiration of sixty (60) days from the time the
structure is completed or the work thereon terminated; suit to
enforce this lien must be brought before the expiration of six (6)
months from the time the lien was recorded. Petitions may be
made to the appropriate court for sale of the property and, if on
hearing the case, the court is satisfied that property should be sold
to pay the debt, a court order is issued authorizing the Sheriff to sell
the property and dispose of the proceeds in the same manner as if
the sale were made under a writ of fieri facias. Before making the
sale, petitioner shall advertise the time, place, and terms thereof
and give owner notice by service as prescribed under Virginia code
or, if the owner is a nonresident, or if owners’ address is unknown,
it may be served by posting a copy of the sale notice in three public
places in the county wherein the property is located. If such
property is a motor vehicle registered in Virginia, the Commissioner
of the Division of Motor Vehicles should be requested to advise if
there are any liens thereon; if so, the lienholders must be notified
by certified mail at the address given in the title certificate of the
time and place of the property sale ten (10) days prior thereto.

Rent Actions

1. Eviction (Five-Day Notice, summons for Unlawful Detainer, Writ of

Possession)

A large percentage of the papers served by the deputy in rural and

suburban areas involve legal actions stemming from lease and
rental situations usually due to default in rental payments, but
sometimes based on the tenant being destructive, obnoxious or
otherwise in violation of the terms of the lease or rental agreement,
or simply that the owner desires the property for his or her own use.

The first action in the process is the serving of a Five-Day Notice to

the tenant (if tenant is in arrears in rent) or a Thirty-Day Notice (if
tenant rents on a monthly basis and the landlord desires to evict the
tenant for reasons other than delinquency). The Five-Day Notice
consists of a statement to the effect that if the rent is not paid within
five days from the date of service, action will be taken for
possession of the apartment or residence occupied by the tenant.
The Five or Thirty-Day Notice may be received directly in the
Sheriff’s Office from the property owner or owner’s agent or
attorney (it does not go through the Clerk of Court); nevertheless, it
is a legal requirement that the five (or thirty) day notice be served
by Sheriff’s Office or property owner, before the next step leading to
eviction can be taken.
POLICY & PROCEDURE SERIES #234 Page 23 of 34

The next step which is taken after an elapse of the five (or thirty)
day notice time is the securing of a Summons for Unlawful Detainer
by the plaintiff. This detainer is obtained by the plaintiff from the
Clerk of Court upon filing of an affidavit and presentation of the
proof of service of the five (or thirty) day notice. The summons for
unlawful detainer is then sent to the Sheriff for service to the
defendant. This warrant summons the defendant to appear in
General District Court on a certain date to answer the complaint
that said defendant (tenant) is, in effect, in unlawful possession of
the specified apartment or premises and detains the owner from
possession thereof. At the bottom of the unlawful detainer is
appropriate wording for the judgment action which grants the
plaintiff authority to recover possession of the premises involved
and may also include a money judgment. Usually the defendant
does not appear in court to contest the action and the judgment is
granted the plaintiff by default.

Judgment in favor of the plaintiff leads to the third and final step;
i.e., the eviction. This is brought about by a Writ of Possession
secured by the plaintiff from the Clerk of Court ten (10) days after
judgment of the unlawful detainer. The court holds these papers in
order to give the defendant ten (10) days in which to perfect an
appeal. When the writ is received in the Sheriff’s Office, the original
is retained by the deputy as authority for the action and upon which
to make a return when the eviction is completed. Service of the
writ, along with the Sheriff’s Office Eviction Form, served to the
defendant in person, or by substituted service or by posting. This
notice is made out by the deputy to show the name and address of
the defendant, the Docket Number and the date and time the
premises must be vacated (minimum of seventy-two (72) hours as
required by law.)
The deputy ‘s action on the Writ of Possession is as follows: Fill out
the eviction notice to the tenant after coordinating with owner or
manager of premises. Make sure owner/manager understands it is
their responsibility--not that of the Sheriff--to move the defendant’s
furniture and personal property out of and off the premises (if the
defendant has not done so voluntarily by the time set for eviction.)
The furniture and personal property of the defendant have to be
moved to the nearest public right-of-way. The defendant will be
given a minimum of seventy-two (72) hours notice prior to the
eviction in order to make arrangements to move voluntarily. If the
defendants move out before being physically evicted, the eviction
action is considered completed and the Writ of Possession noted
accordingly. In the event of inclement weather at the scheduled
time for the eviction, it is the practice of the Sheriff’s Office to
POLICY & PROCEDURE SERIES #234 Page 24 of 34

postpone the eviction until such time as the eviction can be carried
out.

2. Mobile Home Evictions

Upon receipt of a court-ordered Writ of Possession involving a
mobile home, the deputy shall:

a. Give Notice:

(1) Serve a copy of the Writ of Possession and give

written notice of eviction (not less than seventy-two
(72) hours) to the mobile home occupants (eviction
form).

(2) Notify the landlord/lot owner of the date and time of

the scheduled eviction.

(3) Notify the lien holder (if known) of the impending

eviction status.

(4) Notify the landlord/lot owner of available options:

(a) The mobile home can be stored on the mobile

home property and then disposed of according
to law.

(b) The homeowner can move mobile home at his

expense unless the landlord has a lien on the
mobile home.

b. Eviction Execution:

(1) If the mobile home has been removed or is in the

process of being removed by the owner, the deputy
may extend the allotted time necessary to complete
the removal and then give possession of the lot to the
lot owner. The executed Writ of Possession is then
returned to court.

(2) If the mobile home has not been removed by its

owner at the end of seventy-two (72) hours, the
deputy shall evict any occupant(s) and possession of
the lot is then given to the landlord/lot owner. The
executed Writ of Possession if returned to the court.
POLICY & PROCEDURE SERIES #234 Page 25 of 34

3. Warrant of Distress

In addition to the Writ of Possession (eviction) action, the plaintiff

has another remedy when rent is past due and that is to obtain a
Warrant of Distress. This kind of warrant provides authority for the
Sheriff to levy on the goods and chattels of the delinquent tenant
and subsequently to sell the property levied upon in an effort to
make the amount of money, plus costs, set forth in the warrant. It
is an action which is taken only when rent is past due under a
contract and is in the nature of an attachment (before judgment) on
the personal property of the lessee, his or her assignee, or
subtenant, found on the premises under lease, or any other location
if the property has not been removed from the said premises more
than thirty (30) day.

The first part of the warrant is the affidavit which establishes the
basis for the action to be taken by the Sheriff. The language used
requires the Sheriff to DISTRAIN, etc. Distrain, by definition,
means to “levy a distress,” and distress means to “seize or detain.”
King William County does not seize under Warrant of Distress. The
action is initiated, under statutory authority, at the lower Court level
but is returnable in the Circuit Court. The plaintiff cannot ask for a
sale of the goods levied upon until ten (10) days after the levy is
made, during which period the defendant or debtor can contest the
action in the Circuit Court. Also, prior to the sale taking the place,
the plaintiff has to post a surety bond in an amount equal to the
value of the property; such bond to be provided to the Sheriff. The
distress levy is usually uncontested but does serve to pressure the
defendant into paying the back rent, thereby making a sale
unnecessary. If a sale is directed, however, it is made under a Writ
of Venditioni Exponas (expose to sale) and, as indicated, must be
accompanied by the indemnifying bond. After the Writ of Venditioni
Exponas is issued by the Clerk of the Circuit Court (and the sale
notice is posted), another ten (10) days must elapse before a sale
can be held.

Levies, Seizures and Sales (OPR.12.03)

Two basic kinds of levies/seizures and sales are customarily acted upon in
the Sheriff’s Office. One kind of levy and sale has been covered above
under rent actions; namely, the action taken under a distress warrant and
the venditioni exponas type of sale made as a result of the distress levy.
Both the distress warrant levy and a levy made as directed in an
attachment before judgment (see Section A above) are actions taken
initially without a judge hearing a case. A seizure of the property,
however, made under a distress levy is affected only after the prescribed
POLICY & PROCEDURE SERIES #234 Page 26 of 34

time of appeal of the distress levy has elapsed.

The other main category of levy, seizure, and sale is that which results
from judgment and which is referred to generally as an execution. An
execution is the judicial process which enforces or carries out a judgment
or decree. The two main types of executions are: (1) a writ of fieri facias
(fi-fa), which is the means to enforce a money judgment by levy and sale
of the property of the defendant; and (2) the writ of possession, which
enables the plaintiff to obtain possession of specific property, such as an
apartment or residence, by evicting the occupant thereof (covered under
Rental Actions), or a writ of possession action (detinue) taken after
judgment under a conditional sales contract to recover specific articles of
personal property in possession of the judgment debtor. In this case, the
defendant has the option of retaining the specific property or paying the
amount of the judgment. The type of levy, seizure, and sale covered in
the balance of this section will be restricted to executions carried out
under a fi-fa. In considering the relationship between a fi-fa and a levy
carried out under a fi-fa, the following points are relevant:

1. A lien on the personal estate of the judgment debtor is established

dating from the exact time that the writ of fi-fa is received in the
Sheriff’s office for execution and is endorsed with year, month, day,
and time of day the writ is received. This procedure is followed so
that the Sheriff’s Office can control the priority on levies when more
than one is received for execution against the same individual.

2. This lien covers leviable property as well as non-leviable property,

such as bonds, notes, stocks, etc., which the judgment debtor has
or may acquire “on or before the return date of such writ,” except
such property as is exempt under provisions of Title 34. The lien
extends only to non-leviable property located within the
Commonwealth and leviable property within the Sheriff’s bailiwick
(see Paragraph 12 below).

3. In Virginia the fi-fa is returnable within ninety (90) days after its
issuance to the court from which it was issued. A lien on tangible
property automatically ceases if an actual levy has not been made
on or before the return date.

4. The lien acquired by placing a writ of fi-fa in the hands of the Sheriff
is so imperfect in nature and unspecific as to the goods of the
debtor that establishment of a solid lien and security for the debt is
unknown until exemption requirements are met and a levy can be
effected. The levy, in effect, specifies the goods and chattels levied
upon and is necessary as a basis for advertising the property and
selling it (within six (6) months after execution).
POLICY & PROCEDURE SERIES #234 Page 27 of 34

5. A levy can be made only upon specific tangible property. Actual

seizure of the property recovered is not necessary if the deputy has
the property in his/her view and power to seize it if he/she so
chooses, and notes on his/her writ the facts of the levy.

Specific points to keep in mind in effecting a levy under a fi-fa are

as follows:

a. After receipt and endorsement of the fi-fa in the Sheriff’s

Office, the actual levy is the next step necessary before a
sale can be made.

b. Although the fi-fa authorizes seizure of property, the practice

in Virginia has been to permit it to remain on the premises of
the debtor until the day of sale in order to save expenses.

c. A valid levy can be made on household goods in the owner’s

absence; no formal notice is necessary. It is the practice in
King William County, however, to leave a copy of the levy
sheet with or on (one of) the items levied upon.

d. In making a levy, the Sheriff is acting as agent for the

plaintiff. The plaintiff or his/her attorney has authority to
control the execution and to say whether the levy should be
modified or canceled. (The plaintiff retains the right to sue
out a new execution)

e. A deputy making the levy may, if need be, break open (or
cause to be opened by a locksmith) the outer doors of a
dwelling house in the daytime after first having demanded
admittance of the occupant and may also levy on property in
the personal possession of the debtor if the same be open to
observation. The practice in King William County is to first
check to insure that the defendant does live at the address.
Deputy will leave notice on the door that access to premises
is needed to execute the writ. If the deputy has not received
response by the next day, he/she should then check with
neighbors, mail carrier, paper carrier, etc., to determine
whether defendant is: (1) on vacation; (2) in the hospital; or
(3) in jail. Only as a last resort should entry be forced to
complete a levy, and then only after the deputy’s supervisor
has been notified and briefed.

f. Levy on any personal property in the possession of the

defendant, regardless of his/her claim that it does not belong
POLICY & PROCEDURE SERIES #234 Page 28 of 34

to him/her, etc. The claimant (or third party involved) has a

right to claim ownership by filing the necessary affidavit with
the Clerk of Court (8.01-266, 8.01-227).

g. When listing property, IDENTIFY it--use make, model, serial

number, etc. If none of these are available, some definite
description, such as Sheriff’s Office serial number, should be
used so that, if necessary, it can be identified at a later date.

h. Levy on property that would be equal in value to the amount

claimed in the warrant. Place a fair market value on items
and bear in mind not to over-levy (unless circumstances alter
the above, such as property that has been abandoned, and it
is necessary to attach all property in order to dispose of it).

I. If the plaintiff requests seizure of the property prior to sale

(sometimes desirable as in the case of mobile vehicles), a
bond is provided the Sheriff by the plaintiff for an amount
equal to the value of the vehicle. Identification, including
license number and registration information, is also furnished
by the plaintiff. The vehicle or property is moved at the
plaintiff’s expense to an area of safe storage pending the
sale.

j. When the execution is in favor of the Commonwealth, a levy

can be made on realty, but normally a levy is made only on
personal property. It is still necessary, however, to attempt
to satisfy the debt out of the personal property before selling
the realty.

k. Property and articles exempt from a levy made under a fi-fa

are set forth in Virginia Code. The articles most commonly
found and which are exempt include the following: necessary
wearing apparel of the debtor and his/her family; sufficient
bed, bedding, tables, and chairs needed for the size of the
family; plus a refrigerator, washing machine, cooking
utensils, one sewing machine and, in the case of a
mechanic, tools of his/her trade. A detailed list, as set forth
in 34-26- and 34-27, is provided each deputy making levies.
In addition, each householder has a basic exemption of
property, either realty or personality, not exceeding five
thousand dollars as provided in 34-4. This householder’s
exemption is usually waived at the time the debtor signs or
executes a promissory note or other obligation of
indebtedness.
POLICY & PROCEDURE SERIES #234 Page 29 of 34

l. A levy cannot be made on intangible personal property, but a

lien attaches to it and it may be sold by court order within a
year after the return date of the execution. The lien in this
case continues as long as judgment can be enforced and it
does not matter whether the return date of the writ has
passed or not.

m. Personal property belonging to a wife may not be levied

upon under an execution for the debt of her husband. (For
example, if ownership of an automobile is registered in both
husband and wife names, a levy based on a judgment
against the husband cannot be made on the wife’s interest in
the automobile. It can be made against the husband’s
interest, however, and at the sale advertised specifically as
applying to the husband’s interest only.) Such a sale would
not appeal to the average buyer, but the plaintiff may wish to
buy the husband’s interest at the time of sale or the wife may
wish to purchase her husband’s interest and thereby obtain
full title to the vehicle. If the plaintiff buys the husband’s
interest, the plaintiff would need to take the case to court for
a determination of the respective interests and obtain a court
filing for settlement of the suit (55-35).

a. At the time the levy is made the deputy making the levy
estimates the value of the property levied upon and makes a
notation on the levy sheet on the amount of the indemnifying
bond required. The amount of the bond is set at the
estimated value of the property in the case of a fi-fa (or a
warrant of distress). In King William County this bond is
usually not required unless the property is to be seized and
sold.

o. One exception to be noted to the general rule that a levy can

only be made on specific tangible property is that a levy on
shares of stock is valid provided the shares are actually
seized by the deputy executing the writ and are surrendered
to the corporation, or their transfer by the debtor is enjoined
(13.1-413).

p. Real estate cannot be levied upon and sold under an

execution; however, if the judgment on which the execution
issue is a lien on real estate, the lien can be enforced after
all property of the debtor has been exhausted. Jurisdiction
to enforce the lien of a judgment shall be in equity. The
chancery court can order the amount of the judgment unless
such rents and profits will not satisfy the judgment within five
POLICY & PROCEDURE SERIES #234 Page 30 of 34

(5) years, in which case the court may direct the property
sold
(8.01- 462).

q. A levy cannot be made on the contents of a locked safe

deposit box since the contents are not within view or power
of a seizure (unless the renter opens it voluntarily); however,
in any case where a bank or trust company having for rent
safe deposit boxes, is served with a notice of a lien of fi-fa or
a summons in garnishment in which a renter or lessee of a
safe deposit box is named defendant or judgment debtor, it
shall be the duty of such bank or trust company to deny such
renter or lessee access to the safe deposit box rented or
leased in the name of the defendant or judgment debtor,
unless otherwise directed by a court of competent
jurisdiction or by the judgment creditor (6.1-333).

Sales

The sale is the final action taken under a writ of fi-fa. The following
considerations apply to such actions:

1. Only property subject to levy and which has been levied upon can
be sold.

2. It is required that notices of the time and place of the sale be

posted at least ten (10) day prior to the day of the sale.

3. The notice of sale is posted at some place near the residence of

the owner, if he or she resides in the county, and at two other public
places in the county.

4. Optional: Advertise sale in local newspaper.

5. If the property is expensive to keep or perishable, the court or

authority issuing the fi-fa can order that the sale be made without
waiting for the ten day period to elapse.

6. At the time and place so established, the property shall be sold to

the highest bidder, for cash, as may be necessary to make the
amount of the fi-fa. When property remains unsold because of no
bidders or because of an insufficient bid, the sale may be
postponed and the property again advertised, stating the fact of no
bidders or of insufficient bid, and that the property will be sold
peremptory under a writ of venditioni exponas (8.01-485).
POLICY & PROCEDURE SERIES #234 Page 31 of 34

7. No Sheriff, Sergeant, City or Town Constable or High Constable, or

any deputy of such office, or county employee shall directly or
indirectly purchase effects sold under a writ by such officer or
deputy.

8. No officer of the county or employee of the county, shall directly or

indirectly, bid on or purchase, property sold under a writ by an
officer. (8.01-498)

9. The deputy must collect for each item sold even if the plaintiff buys
it and wants to pay only costs.

10. As each item is sold, list the buyer, amount and item number on the
copy of sale notice. If the number of items for sale is extensive, it is
advisable for the deputy making the sale to have clerical assistance
in marking the items for identification, keeping track of the cash and
giving receipts for same to the buyers.

11. The day before the sale it is wise to check with the plaintiff to make
sure there has been no settlement and that the plaintiff or his or
her attorney will be present at the sale.

12. It is the practice of the King William County Sheriff’s Office that
prior to the sale, the plaintiff or his or her attorney take the following
actions:

a. Obtain a Sheriff’s Indemnifying Bond (unless sale is ordered

by the court.)

b. Provide the Sheriff with a written statement advising whether

or not liens exist on items to be sold, a letter or teletype
from the Department of Motor Vehicles regarding any liens
on the vehicles. The plaintiff also submits an itemized list of
court costs, bond premium, and total amount required to
settle the claim.

13. When there is not time on the date appointed for the sale to
complete same, the sale may be adjourned from day to day until
completed.

14. Each sale is made on an “as is” basis with no warranties implied as
to the quality or soundness of the goods sold. If an item has a lien
on it, however, it is sold subject to the lien as advised the
auctioneer (based on information supplied by plaintiff. If the sale
price is not in excess of the lien (plus costs), no sale should be
made.
POLICY & PROCEDURE SERIES #234 Page 32 of 34

15. In each sale scheduled, a sale folder is prepared in which

background papers are kept. A sale check list is maintained in this
folder to insure that the required steps are taken prior to the sale.
In addition, copies of the levy and the sale notice are filed in the
folder. The procedure as described above is at the actual sale.
The sale is started by reading the sale notice which, subsequent to
the levy, will have been adjusted or noted, if necessary, to reflect
liens or other information supplied by the plaintiff.

16. If property which has been levied upon is also to be seized

preceding the sale thereof, the owner may retain possession of
such property until the date of sale provided he or she gives the
Sheriff a bond with sufficient surety payable to the Plaintiff which
states the property shall be forthcoming at the day and place of
sale. The bond would specifically state the amount due, including
the officer’s fee for taking the bond, commissions, and other lawful
charges, if any, and that service of the writ has been made. The
law relating to forthcoming bonds was passed for the benefit of the
owner of the goods taken, to enable him or her at his or her own
risk to retain possession and use of the goods and to avoid the
expense of their safekeeping until the day of sale (8.01-526).

Miscellaneous

1. Tax Notices and Levies

The most frequent type of tax notices handled in the Sheriff’s Office
are those issued by the Department of Taxation of the
Commonwealth of Virginia for delinquent payment of payroll taxes
and the Commissioner of Revenue for local taxes. This notice
takes the form of a notice of motion for judgment. Assuming a
judgment is granted by the appropriate court, the Commonwealth
can proceed to command the Sheriff to make a levy upon both real
and personal property of the defendant. The levy in this event is
made against the personal assets unless it is otherwise indicated
by the Commonwealth.

Another frequent form of action taken by the Commonwealth

concerns failure to pay unemployment compensation taxes
assessed by the Virginia Employment Commission. These actions,
which are received by mail directly from Richmond, take the form of
a command to levy upon and sell the real and personal property of
the subject. They are returnable to the Virginia Employment
Commission in Richmond through the Clerk of the Circuit Court.

2. Elections, Referendums, and Electorate Notices

 POLICY & PROCEDURE SERIES #234 Page 33 of 34

Notices of elections, special elections, referendums, or other

actions requiring an electorate notification or action are received in
the Sheriff’s Office for posting at locations specifically selected for
the purpose. Lists of registered voters needed at precinct voting
locations are also delivered by the deputies to such locations.
These lists are fastened to the designated precinct doors. Official
notices of the electorate action may be posted on the precinct door
itself. A master list of all locations is kept in the Sheriff’s Office and
is noted when delivery or posting has been accomplished. A copy
of this master list as noted with respect to the service and/or
posting is sent back to the Electoral Board. Usually the Board
allows ten days for the notices to be posted or the voting lists to be
distributed.

All records and services of legal process will be maintained in the Sheriff’s Office
Computer System. The maintenance of such information will be the
responsibility of the Sheriffs secretary or his or her designee. The following
information will be entered into the system:

1. Name of person for whom service is made or attempted

2. Date and time (if required) of service and/or attempted service
3. Name of server
4. To whom process was served
5. Method of service
6. Location of service or attempted service
1. In the event service is not made, reason for non-service will be
documented.

All legal process upon receipt shall have a legal process tracking form attached to
the front of the document, (civil process-after the first attempt to serve). This form
shall be used to document all actions taken involving this process. This shall
include both civil and criminal legal process. The tracking form shall be recorded
and maintained within the Sheriff’s Office upon return of the process to the
appropriate authority. The tracking form shall be stamped with the process number
assigned to the document and shall include the following information;

1. Name of person to served,

2. Name of person served to,
3. Type of document (civil/criminal),
4. Location of service or attempted service,
5. Service or attempts - date and time,
6. Source of document,
7. Name of plaintiff/defendant/respondent,
8. Name of server,
9. Method of service.
POLICY & PROCEDURE SERIES #234 Page 34 of 34
 POLICY & PROCEDURE SERIES # 235 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
AMBER ALERT 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

The purpose of this order is to set forth procedures for the delivery of the AMBER
Alert plan.

II. POLICY:

The King William County Sheriff’s Office along with the Virginia AMBER Alert
Plan advisory board hope that in implementing this it will help with the quick,
safe recovery of an abducted child. Virginia State AMBER Alert Plan provides a
valuable tool for law enforcement agencies in the on-going battle to protect
our children, while allowing the Virginia Association of Broadcasters (VAB), the
Virginia Department of Transportation (VDOT), and the Virginia Department
of Emergency Management (VDEM) an opportunity to contribute to the
communities they serve in an extremely beneficial capacity.

III. PROCEDURES:

A. Criteria for the activation of the Plan

1. The missing child must be 17 years of age or younger, and the officer
believes the child has been abducted (unwillingly taken from their
environment without permission from the child’s parent or legal
guardian).
2. The officer believes the missing child is in imminent danger of serious
bodily harm or death.
3. A law enforcement investigation has taken place that verified the
abduction or eliminated alternative explanations.
4. Sufficient information is available to disseminate to the public that
could assist in locating the child, suspect, and/or the suspect’s vehicle.
5. The child must be entered into the Virginia Criminal Information
Network (VCIN) and the National Crime Information Center (NCIC)
missing person files as soon as practical.

*If all of the above criteria are not met, the Virginia AMBER Alert Plan will
not be activated.
POLICY & PROCEDURE SERIES #235 Page 2 of 3

B. Activation requirements for all law enforcement agencies

1. The agency must have entered the missing child into the VCIN/NCIC
systems as soon as practical.
2. The Sheriff will designate one (1) primary officer as the reporting
officer.
3. The agency must use the criteria demonstrated Section A of this policy
to determine whether to activate the Virginia AMBER Alert Plan.
4. The agency must agree to use the enclosed termination script in the
event the incident is terminated before the 12-hour cycle is over.
5. The agency must provide updates as required.
6. The agency must have an assigned telephone number that can roll into
at least two (2) separate lines to take telephone calls if the Virginia
AMBER Alert Plan is activated.
7. The agency must have volunteers or personnel to take the telephone
calls for at least 24-hours if the plan is activated or until the alert is
canceled.
8. The agency will be required to submit the following information to the
Virginia Missing Children Clearinghouse (VMCC):
 A photograph of the child; when available
 Form (A SP-183 Missing Child Report), which contains the
required information.
9. The reporting officer will create a missing child poster when
appropriate.
10. As additional information presents itself, including photographs, the
reporting agency should contact VMCC and broadcasters with the
pertinent information.

C. Activation Process

1. The Virginia AMBER Alert Plan can only be initiated by a

representative from the reporting law enforcement agency where the
abduction has occurred. Once the contacted agency receives a report,
the following process should be followed:

a. Confirm that an abduction has taken place and the criteria

have been met.
b. Complete the included pre-established Virginia AMBER Alert
forms required to activate an AMBER Alert. The facsimile
message must include detailed information, which could be
helpful to the public in identifying the child, suspect, and/or the
suspect’s vehicle. If available, send a current photograph of
the abducted child.
c. The reporting agency will notify the Virginia Missing Children
Clearinghouse (VMCC) by telephonic facsimile and scan a
current photograph of the abducted child to VMCC. Local law
POLICY & PROCEDURE SERIES #235 Page 3 of 3

enforcement agencies must follow intra-departmental policy

regarding the actual investigation process involving any child
abduction incident, which takes place within their jurisdiction.
 ([email protected])
Telephone #: 804-674-2026 or 804-674-2023
Facsimile #: 804-674-6704
d. The reporting agency will contact any/all broadcasting
companies through the Emergency Alert System (EAS) or by
telephonic facsimile providing them with a detailed summary of
the child abduction, and forward a copy of the abducted child’s
photograph to any/all broadcasting companies, if available.
e. The broadcasters can either transcribe the information included
in the faxed “AMBER Alert” Notification or rebroadcast the EAS
message. A rebroadcast of the alert should be conducted at a
minimum of at least every 15 minutes for the first two (2) hours,
and once every half hour for the next three (3) hours. ***Once
the first five (5) hours have passed, the broadcasters will
provide the information and any updates on an hourly basis for
the next seven (7) hours not to exceed twelve (12) hours after
the notification was received unless circumstances dictate that
the alert should be extended. The decision to rebroadcast the
“AMBER Alert” information at a later time will be left up to each
individual broadcasting station and is completely voluntary.

D. Recovery of missing person

1. If the child is located or if the AMBER Alert should be Canceled for

some other reason, the reporting agency will issue a VCIN message
and cancellation message advising the AMBER Alert has been
canceled. The reporting agency should contact the VMCC to notify
them of the pertinent information.

If an AMBER Alert is activated, the reporting agency in which the

alert is activated will prepare information to send to the Virginia State
Police for further assistance. When a regional plan has been
activated prior to requesting the activation of the Virginia AMBER
Alert plan and the investigating agency has contacted and provided
the Virginia Missing Children Clearinghouse (VMCC) with the
required information to activate the Virginia AMBER Alert Plan, then
the requesting agency will only be required to submit updated
information and notify the VMCC of the recovery of the child or
cancellation of the alert.
 POLICY & PROCEDURE SERIES #236 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
TOWING PROCEDURES 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.07.12 a-e

I. PURPOSE:

The purpose of this general order is to establish procedures for towing

vehicles.

II. POLICY:

Deputies must understand when the towing and storage of vehicles is

appropriate and legal. Whenever possible, owners or operators of vehicles
for which towing is required will be encouraged to specify a towing service of
their own choice. When required, the officer shall summon a tow truck,
unless a specific request for a particular tow service has been made by the
owner or operator of the vehicle to be towed.

III. PROCEDURES:

A. Accident: Any vehicle involved in an accident shall be removed to the

shoulder of the road or elsewhere as soon as possible after necessary
accident investigation information has been obtained. Vehicles shall be
removed from the shoulder without unnecessary delay.

1. Vehicles may be removed to the shoulder of the road or other legal

parking spot which does not obstruct or impede vehicle travel on the
roadway. Officers shall not push cars with police vehicles.

2. If this is not possible, and a traffic hazard is created, the deputy may
order towing of the vehicle at the owner's expense.

B. Emergency: Any vehicle found illegally parked in the vicinity of a fire, traffic
or airplane accident or area of emergency which creates a traffic hazard or
interferes with the necessary work of police, fire, or other rescue workers
may be ordered towed, at the expense of the owner, by a police officer.
Vehicles being used by radio, T.V., and press are exempt unless they
POLICY & PROCEDURE SERIES #236 Page 2 of 4

obstruct police, fire, or rescue operations.

C. Impeding/danger to traffic: No vehicle shall be stopped in such a manner as

to impede or render dangerous the use of the highway by others, except in
cases of mechanical breakdown or accident. If a disabled vehicle is not
promptly removed and creates a traffic hazard, the deputy may order the
vehicle towed at the expense of the owner.

D. State/county/municipal vehicles: Paragraphs A, B, and C above shall not

apply to any vehicle owned or controlled by the state or a local unit of
government while actually engaged in construction or highway maintenance.

E. Blocking driveway or parking area: Any deputy discovering or having report

of any motor vehicle, trailer, or other vehicle blocking a driveway or parking
area, or obstructing or interfering with the movement on any driveway or
parking area without the land owner's permission may order the vehicle
towed at the expense of the owner of the vehicle. (OPR.07.12a)

F. Unattended traffic hazard/violation of law: Officers may tow any motor

vehicle found on a public street or grounds unattended by the
owner/operator that constitutes a traffic hazard or is parked in such a
manner as to be in violation of the law.

G. Abandoned vehicle: Whenever any motor vehicle is abandoned upon public

or privately-owned property, without the permission of the owner, lessee, or
occupant thereof, the deputy may advise the owner of the property or their
designee that they may have it towed. The department will not order
vehicles towed from public or private property unless it meets other criteria
set forth in this policy. A vehicle may be presumed to be abandoned if (1) it
lacks a current license plate; (2) it has been in a specific location for ten
days without being moved.
(OPR.07.12b, c, d)

H. Evidence/crime involvement: Vehicles that are of an evidentiary value or

involved in the commission of a crime shall normally be towed at the request
of the deputy to a secure storage area at Sheriff’s Office expense.

I. DUI vehicles: A vehicle driven by a DUI suspect that is legally and safely
parked shall be locked and left there if the suspect consents. The suspect
may turn the keys over to a friend or relative who will move the vehicle, or
the suspect may request the vehicle be towed by a particular garage. If the
suspect (1) does not consent to locking and leaving a legally and safely
parked vehicle, or (2) refuses to allow a friend or relative to move the
vehicle, or (3) does not request a particular tow service to move an illegally
parked or hazard-creating vehicle, the police officer may order it towed for
safekeeping at the owner's expense.
 POLICY & PROCEDURE SERIES #236 Page 3 of 4

IV. TOWING PROCEDURES:

A. Deputies shall know under which provisions (subparagraphs A-K above) the
vehicle shall be towed.

B. Preferably, the vehicle owner/operator will name the towing company to be

used.

C. If the owner/operator does not wish to specify a towing firm or is not

available to make a choice, normally the deputy shall ask the dispatcher to
send a wrecker.

D. In an emergency involving major traffic congestion, the deputy shall so notify

the dispatcher and shall request a wrecker.

E. If the vehicles involved are larger than normal passenger vehicle or pickup
size, the deputy shall so advise the dispatcher who has a separate list of
specially equipped wrecker services.

F. Dispatchers shall log a notification on their report whenever a tow service is

requested. The time the dispatcher called the tow service shall be recorded.

G. When the wrecker arrives on the scene, the deputy shall advise the
dispatcher of time of arrival and any other subsequent problems.

H. Dispatchers shall be notified of all vehicles being towed by deputies and

shall record date, time, place towed from and to, license number, make or
model, and color of vehicle in the towed vehicle log.

V. INVENTORY: (OPR.07.12e)

A. Vehicles that are towed at the request of the owner/operator or vehicles that
are left legally parked shall not be inventoried. Deputies are reminded of the
"plain view doctrine" and the limitations upon the authority to search
incidental to a lawful arrest. See P&P 220 for further details.

B. A “Notice of Vehicle Impoundment/Immobilization” shall be completed when

a deputy assumes responsibility for towing a vehicle, and shall complete an
inventory before allowing the wrecker driver to pull the vehicle. A duplicate
copy of the report shall be left with the vehicle and a copy given to driver. A
copy shall also be forwarded to the court if applicable.

C. Deputies shall turn in original copy of the inventory report with the incident
report.
POLICY & PROCEDURE SERIES #236 Page 4 of 4
 POLICY & PROCEDURE SERIES #237 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
NATURAL & MAN MADE DISASTERS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01a, b

I. PURPOSE:

The purpose of this general order is to establish procedures for responding

to a natural or man-made disaster.

II. POLICY:

The following plan for handling disasters is a rough outline of duties and
responsibilities that generally apply.

III. PROCEDURES:

A. Definitions:

1. Natural disaster: Any hurricane, tornado, storm, flood, high water,

wind-driven water, earthquake, drought, blizzard, ice storm, fire or
other natural catastrophe resulting in damage, hardship, suffering or
possible loss of life.
2. Man-made disaster: Any industrial or transportation accident,
explosion, conflagration, major power failure, resources shortage, or
other condition such as sabotage, oil spills, and other injurious
environmental contaminations which threaten or cause damage to
property, human suffering, hardship or loss of life.

B. Authority for placing plan into operation:

1. On-duty supervisors are authorized to place this plan into operation.

Appropriate notification of situations requiring plan implementation
must be made to the Sheriff. The Sheriff shall immediately notify the
county administrator of the situation and will keep him advised of any
changes.

2. The supervisor shall be responsible to implement the plan until

relieved by the Sheriff, who will remain the unified commander of all
POLICY & PROCEDURE SERIES #237 Page 2 of 3

personnel involved in the operation, unless otherwise ordered by

higher authority.

C. Departmental resources:

1. Supervisors implementing this plan may determine that additional

departmental resources are required.

2. Additional personnel may be called back.

3. For equipment needs beyond that readily available to the supervisor,

he shall contact immediately the Sheriff.

D. Disaster operations: (OPR.05.01a, b)

1. The exact nature of the disaster, buildings or area affected, location,

and potential danger will determine the response. The supervisor
shall give consideration to the following:

a. All police units at the scene of a disaster must provide

information concerning conditions found, so that the
supervisor can evaluate the magnitude of the required
response. Dispatch shall also obtain information for the
supervisor from other emergency service and utilities as
available.

b. Depending on the nature of the disaster, a field command post

may be established in the vicinity of the disaster. The
command post shall be the police vehicle of the ranking officer
present at the scene. In any major disaster, the command post
shall be located at the Emergency Operations Center, (EOC).
Situation maps shall be maintained and made available from
the command post.

c. The supervisor must communicate necessary information to

emergency services, utilities, town departments, and to media
agencies. Under some circumstances, it may also be
necessary to loan police radios to emergency service/utility
crews with whom essential contact must be maintained.

d. The Sheriff or his designee shall have area media agencies

notified and establish a media briefing point normally in the
vicinity of a small-scale disaster or at the Sheriff’s Office in
case of an area-wide disaster. Regularly, information shall be
provided directly to media representatives present.
POLICY & PROCEDURE SERIES #237 Page 3 of 3

e. The Sheriff or his designee shall advise all relevant law-

enforcement agencies and/or military offices of any disaster
and may, subsequently, request additional law enforcement
support as required. Should a martial law situation be
declared, the appropriate authorities shall coordinate the
action.

f. The involvement of one or more buildings, public or private,

can generate a requirement for security to prevent looting,
theft, or trespass. The Sheriff will consult with the county
administrator about emergency proclamations to be issued.

g. It may be necessary to block roads and reroute traffic away

from the affected area. Emergency service units shall be so
advised, and announcements made over local radio stations.

h. Necessary public works and utilities companies shall be

notified of road clearance needs, broken mains, and downed
lines.

i. The Sheriff or his designee shall ensure an orderly de-

escalation of controls and personnel as the disaster is
reduced.

j. Any special transportation needs may be requested from

appropriate town departments or other emergency services.

k. Supervisors involved shall prepare after-action reports

concerning all police activities during a disaster as well as
recommendations concerning the handling of any future
problems. The Sheriff shall provide a complete after-action
report to the county administrator. After-action reports shall
include any budgetary impact, commitments, and obligations.
 POLICY & PROCEDURE SERIES #238 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
CIVIL DISTURBANCES 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01c

I. PURPOSE

The purpose of this general order is to establish procedures for the King William Sheriff’s
Office response to and handling of civil disturbances. (OPR.05.01c)

II. POLICY

Civil disturbances may take various forms and vary in size and amount of danger of the
public. Civil disturbances include riots, disorders, and violence arising from dissident
gatherings, rock concerts, political conventions, and labor disputes. Of primary importance
in any civil disturbance is defusing the situation and restoring order. Officers must be able
to respond to any civil disturbance, isolate it from the remainder of the community, protect
life and property, and maintain control.

III. PROCEDURES

A. Authority for plan implementation:

1. On-duty supervisors are authorized to implement this plan. Appropriate

notification of implementation shall be made to the Sheriff.

2. The on-duty supervisor shall be responsible for implementing the plan until
relieved by the Sheriff or his designee.

B. Departmental resources:

The supervisor implementing this plan shall determine what, if any, additional
departmental resources are required.

1. Additional personnel may be called back in accordance with P&P 229,

Unusual Occurrences.

2. For additional equipment needs beyond that readily available, the

supervisor shall contact the Sheriff or his designee immediately.
POLICY & PROCEDURE SERIES #238 Page 2 of 5

C. Duties of first officer on the scene:

The duties of the first officer arriving at the scene of a disturbance include the
following steps.

1. Observe the situation from a safe distance and determine if the crowd is
peaceful or potentially violent.

2. Notify the dispatcher concerning the seriousness of the situation and

request the supervisor and additional back-up to respond.

3. Try to identify, by observation, the leader of the group.

D. Duties of the on-scene supervisor:

Upon arrival at the scene, the supervisor shall assume command until relieved by
higher authority. His or her duties and responsibilities shall include:

1. Assessing the situation for seriousness and danger (If the situation is minor,
it may be handled with existing resources);

2. Maintaining communications with the dispatcher providing such information

as:

a. estimated size of the crowd and area involved;

b. gauging the mood of the crowd;

c. weapons, if any, involved;

d. any destroyed property involved.

3. Establishing a command post from his vehicle, using the police radio for
communication;

4. Deciding on number of personnel/equipment needed. If a call back is

begun, the supervisor shall determine the assembly point and equipment to
be worn.

5. Instructing dispatch to make proper notifications, to include:

a. State Police;

b. EMS--request stand by in area;

c. hospital emergency rooms;

d. neighboring jurisdictions;

e. fire department--to stand by in area;

POLICY & PROCEDURE SERIES #238 Page 3 of 5

f. ethnic/civic group leaders;

g. news media to provide public information;

h. commonwealth's attorney to provide legal advice on

arrest/confinement;

i. District/juvenile court judges and magistrates for arrest/confinement;

j. National Guard.

6. Instructing officers about traffic control in disturbance area.

E. Duties and responsibilities of dispatchers:

When a civil disturbance arises, dispatchers shall:

1. Make appropriate notifications requested by the supervisor. Officers notified

of call back, shall be told when and where to report and what equipment will
be needed.

2. Make news media referrals to the supervisor.

3. Refer inquiries about any casualties to the appropriate hospital.

F. Operations:

Once appropriate and adequate personnel are in place, the supervisor shall:

1. Approach the crowd and inform the leader or leaders that the assembly is
unlawful and they have to disperse. If the crowd is violent, this may be
accomplished by using the P.A. system in patrol vehicles.

2. A time limit for dispersal should be established and no extensions allowed.

3. If the crowd fails to disperse and continues its activity, the supervisor shall,
after consultation with the Sheriff or his designee order the formation of
police lines and move into the crowd for control.

G. Transportation:

All departmental vehicles shall be available for transportation of officers and

equipment to the scene, and for prisoner transport from the scene. If additional
transportation is required in the event of mass arrests, the Sheriff’s designee shall
contact surrounding jurisdictions for assistance for transportation.

H. Public facility security:

Attempts shall be made to provide security to all public facilities threatened by any
POLICY & PROCEDURE SERIES #238 Page 4 of 5

crowd to include:

1. county water supply;

2. fire/rescue/hospital buildings and access to them;

3. local government buildings;

4. schools.

I. Public information/rumor control:

The Sheriff or his designee shall respond to appropriate news media requests in
order to keep the public informed and to dispel rumors.

J. De-escalation procedures:

Once the disturbance has been brought under control and the situation has
returned to normal, the supervisor shall begin de-escalation procedures to include
the following steps.

1. Disengage officers as appropriate.

a. The on duty officer shall return to normal patrol operation.

b. Called-back officers shall return issued equipment to the command

post.

2. Assign officers to remain in area of disturbance to protect from any

recurrence of trouble.

3. Discontinue the command post.

4. Ensure that departmental equipment is collected.

K. Post-occurrence duties/after-action reports:

The supervisor, upon returning to the Sheriff’s Office, shall perform the following
duties.

1. Prepare a detailed report, providing all factual information about the incident
to the Sheriff, along with any appropriate recommendations.

2. Provide factual information to the news media.

3. Arrange for evidence collection at the scene.

L. Mass arrest procedures:

During the course of a civil disturbance, mass arrests may become a reality and
must be handled quickly and efficiently providing for transportation to jail, release on
POLICY & PROCEDURE SERIES #238 Page 5 of 5

summons, arrestee rights, etc.

Arrested persons shall be removed from the point of disturbance by the arresting
officer and brought to where formal booking shall take place, either the Sheriff’s
Office or Regional Jail. The supervisor shall establish an arrest team to handle
prisoners. Arrest team duties shall include the following steps.

1. Photograph the arrested person with the arresting officer using a digital
camera. Arrest/identification information shall be recorded and entered as
soon as possible. Depending on the type of criminal charge, fingerprint and
CCRE cards may be required.

2. Prisoners shall then be brought before a magistrate for formal charging and
bond hearing.

3. Arrested persons shall be allowed the opportunity to contact legal counsel at

the conclusion of booking.

4. Arrested persons who are injured shall be given medical treatment before
any booking begins.

5. The commonwealth's attorney or his assistant shall provide legal advice to

the supervisor as appropriate.

6. Juveniles involved in arrests shall be treated according to procedures set

forth in P&P 225, Juvenile Procedures.

M. Use of force:

Officers shall use the minimum force necessary to effect an arrest or control the
disturbance.
 POLICY & PROCEDURE SERIES # 239 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
HOSTAGE/BARRICADE SITUATIONS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01d

I. PURPOSE

The purpose of this general order is to establish procedures to follow should a

hostage/barricade situation arise. (OPR.05.01d)

II. POLICY

Hostage and barricade situations present special problems to police officers and
citizens because of their danger. Each hostage/barricade situation is different, but
a basic plan may provide officers with guidelines to help defuse the situation safely.
Regardless of the outcome, the department expects its officers to react logically
and sensibly. Above all, officers shall not fuel a hostage taker's stress but should
strive to contain or limit the situation.

III. PROCEDURE

A. General:

Hostage/barricade situations can be emotionally charged and, therefore, offer great

danger. Stress is high both among police and citizens involved. Normally, there is
no need to rush to a solution: time may reduce stress and allow communication to
begin. Additionally, time is needed to assess the situation and to secure the
surrounding area.

B. Responsibilities of first officer and supervisor on scene:

The duties and responsibilities of the first officer on the scene include the
following.

1. Assess whether a hostage/barricaded situation exists.

2. Inform dispatch and request the supervisor's presence and additional

back-up.

3. Attempt to contain the situation at its present location until arrival of

tactical and/or hostage negotiation personnel.
POLICY & PROCEDURE SERIES #239 Page 2 of 5

4. Safely remove all innocent persons from the danger area. Those
persons who cannot be removed immediately shall be instructed to
seek protection where they are if gunfire is taking place.

5. Inform the supervisor of all pertinent facts upon his arrival.

6. Assist the supervisor in gathering as much information as possible

about the situation, including the following.

a. Suspects:

(1) Location: floor, room, roof, basement?

(2) What types of weapons does he/she possess

(handguns, rifles, explosives, etc.)?

(3) Who is he/she, a criminal suspect, mentally ill, militant?

Complete physical description? Mental and physical
condition?

(4) What is the criminal’s purpose?

(5) What crime has he/she committed?

b. Hostage: physical description (age, height, weight, sex, hair,

etc.)? Physical and mental condition?

c. Location:

(1) Interior and exterior descriptions.

(2) Identify all possible escape routes.

(3) Determine locations of service (water and electricity

connections.

(4) Determine in which rooms telephones are located.

(5) Determine if a police scanner is in the building.

C. Supervisor's responsibilities:

Upon arrival at the scene, the supervisor shall assume command of all
police personnel and make all appropriate decisions until he is relieved by
higher authority. Duties and responsibilities of the supervisor include the
following.
POLICY & PROCEDURE SERIES #239 Page 3 of 5

1. Notify appropriate personnel within department and support

agencies.

a. The supervisor shall notify the Sheriff.

b. After determining the danger of the situation, the supervisor or

designee shall make the appropriate notifications, which may
include call-backs. (See P&P 229, Unusual Occurrences.)

c. EMS - to stand by in general area.

d. Hospital emergency room - alert to possible injuries.

e. Fire department - to stand by in general area.

f. State Police can provide specialized services such as the

Tactical Team, Negotiators, K-9 unit and the helicopter. (To
contact the State Police, see P&P 121/Mutual Aid).

g. News media - to inform public to stay out of area.

h. If the suspect is suffering from a mental health crisis the

supervisor may contact an officer trained in Crisis Intervention
or CIT for assistance.

2. Establish an inside and outside perimeter to ensure a safe area in

which to operate.

3. Establish a command post in a safe area while maintaining

observation of the scene.

4. Arrange for the evacuation of any injured persons.

5. Arrange for and supervise the evacuation of any bystander in the

danger area. If bystanders cannot be evacuated, they shall be
instructed to seek protection where they are.

6. Establish communications with the suspect or suspects to determine

their demands or intentions. Some guidelines to be followed in
establishing communications include the following steps.

a. Attempt to locate relatives, friends, or neighbors.

b. The telephone company will assist if a telephone number is

POLICY & PROCEDURE SERIES #239 Page 4 of 5

needed. See Code of Virginia, Section 18.2-50.2, "Emergency

control of telephone service in hostage or barricaded
situations; penalty."

c. If unable to contact the suspect telephonically, use public

address system or a bull horn.

d. Make every effort to persuade the suspect to surrender

voluntarily before using force.

D. Special equipment:

Hostage/barricade incidents may require the use of specialized equipment

on the scene. All officers assigned to the immediate area of danger shall
wear protective vests.

E. Chase/surveillance vehicle/control of travel route:

The supervisor shall ensure that, should the hostage taker get a vehicle, all
possible routes of travel are covered by units. Additionally, surveillance
vehicles may be assigned in order to observe the activities of the hostage
taker.

F. De-escalation:

Once the hostage taker has been taken into custody, the following actions
shall be performed:

1. The suspect shall be removed from the scene immediately in a

screened unit. His rights shall be read to him and he shall be
searched by the officer assigned to investigate the case. He shall be
taken directly to the Sheriff’s Office for interview and booking.

2. Hostages shall be removed immediately upon capture of the suspect.

a. The supervisor shall alert all participants by radio that the

hostages are coming out.

b. Medical treatment shall be provided, if needed.

c. Find a quiet area so that hostages may be united with their

families.

d. The supervisor shall assign the investigator to interview each

hostage to obtain statements.
POLICY & PROCEDURE SERIES #239 Page 5 of 5

3. The crime scene shall be preserved until processed for evidence by

officers assigned.

a. The area will remain cordoned off until the supervisor declares
it open.

b. Units that are no longer needed shall be cleared for normal

assignments by the supervisor.

c. Investigations shall be made into any surrounding property

damage, in neighboring building. Investigations shall include
pictures.

G. After action reports:

The supervisor shall submit a comprehensive report to the Sheriff on all

hostage/barricade incidents containing all facts.

H. Review of plans:

This plan shall be reviewed and modified annually as needed.

 POLICY & PROCEDURE SERIES #240 PAGE 1 OF 6
SUBJECT EFFECTIVE DATE
PATROL RESPONSE TO ACTIVE 7/1/2018
SHOOTERS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01e

I. POLICY:

It is not unusual for a tactical team to arrive at the scene of a barricaded

incident and find that patrol personnel have contained the suspect within a
secure perimeter. There is generally time for the tactical team to deploy
their personnel without serious concern of suspect escape. Once the
incident has been isolated, time enables patrol and/or tactical personnel to
formulate a structured and deliberate plan.

But there are scenarios that require immediate deployment and rapid
intervention of patrol personnel prior to the arrival of the tactical team. In
these cases delayed deployment could have catastrophic consequences.
These scenarios often involve an ongoing “shots-fired” or “downed
officer/citizen rescue.” It may also necessitate the immediate and rapid
deployment of law enforcement officers to contain and prevent the escape
of an armed and dangerous person.

II. DEFINITIONS:

Immediate Deployment/Rapid Intervention- The swift and immediate

deployment of law enforcement resources to an on-going, life threatening
situation where delayed deployment could otherwise result in death or
serious bodily injury to innocent persons. Immediate deployment/rapid
intervention tactics are not a substitute for conventional response to a
barricaded gunman/hostage situation.

Active Shooter- One or more subjects who participate in a random or

systematic shooting spree, demonstrating their intent to continuously harm
others. The overriding objective of an active shooter appears to be that of
mass murder, rather than other criminal conduct, such as robbery,
hostage taking, etc. For the purpose of this policy, the term “active
shooter” will also include anyone who uses any other deadly weapon to
systematically or randomly inflict death or serious bodily injury on others
over a period of time.
 POLICY & PROCEDURE SERIES #240 Page 2 of 6

Incident Command System – This is the model tool for command, control,
communication and coordination to a response. It provides a means to
coordinate the efforts of individual officers and agencies as they work
toward the common goal of stabilizing the incident and protecting life,
property, and the environment during an active shooter incident.

Contact Team – A team that is usually comprised of four (4) to five (5)
police officers with a purpose of locating the active shooter(s) and
preventing further violence.

Rescue Team – A team that is usually comprised of four (4) or more police
officers with the purpose of locating and providing safe passage to a
secure area for injured and non-injured victims.

Gender – the word “he” or any other word importing the masculine gender
shall extend and be applied to females as well as males.

III. PROCEDURE – WHEN TO DEPLOY (OPR.05.01e)

A. To confront and neutralize aggressive deadly behavior:

1. This event is ongoing and the suspect(s) is actively engaged in

causing death or serious bodily injury. This may be the result of:

a. an “active shooter”
b. an attack with edged weapons
c. placing and/or detonating explosive devices

2. The incident location, by its very nature, is believed to contain

multiple victims:

a. Schools (including day care facilities)

b. Crowded parks and open areas
c. Playgrounds
d. Sporting events
e. High rise structures, etc.
f. Institutional settings
g. Offices
h. Shopping areas

B. To effect a citizen/officer rescue:

 POLICY & PROCEDURE SERIES #240 Page 3 of 6

1. A citizen or law enforcement officer is gravely wounded and

delayed recovery could result in their demise.
2. The suspect may or may not be actively involved in an assault,
however, an assault is imminent and immediate recovery of a
wounded citizen/officer is crucial.
3. Although possibly uninjured, due to the location of the victim(s),
citizen(s), or officer(s), an immediate recovery may be necessary
to prevent death or serious bodily injury.

IV. PROCEDURE – INITIAL RESPONDERS

A. The initial responder is most likely to be a patrol officer. The actions

of the initial responders are critical and certain guidelines should be
followed, if practical:

1. Assess the situation

a. Establish an Incident Commander (IC) and put into place an

Incident Command System (ICS). Typically, the first arriving
officer will assume the role of IC until relieved by supervisory
personnel.
b. The ICS will incorporate police, fire, rescue and other
essential personnel to establish a unified command system
to effectively manage the crisis.
c. Gather information as rapidly as possible. This can be
achieved through various means, including, but not limited
to:

(1) Dispatcher obtained information

(2) Reports from fleeing citizens
(3) Sounds of gunfire/explosions
(4) Officer’s own observations
(5) Any source of credible information/intelligence

2. Broadcast situation to responding units:

a. Location (as precise as possible) and number of suspects

(if known)
b. Type of weapons involved
c. State if immediate deployment/rapid intervention tactics are
appropriate and necessary.
d. Safe approach route to staging area for arriving officers.

3. If Immediate Deployment/Rapid Intervention tactics are

deemed necessary, the initial IC will:
 POLICY & PROCEDURE SERIES #240 Page 4 of 6

a. Immediately begin to move towards any known suspects,

using all immediately available protective equipment to aid
in the entry. In the event two or more officers are available,
the most experienced officer should be the contact team
leader. The contact team should be comprised of no more
than five sworn personnel whose objectives should be to:

(1) Stop deadly behavior

(2) Limit suspect’s movement
(3) Continue past victims to confront any active suspects
(4) Continue past unexploded devices
(5) Communicate progress to responders (location of
victims/explosives, etc.)
(6) Confront any suspect(s) through control and arrest,
containment, or deadly force.

b. Subsequently arriving officers and supervisory personnel

will:

(1) Assemble additional contact teams and/ or rescue

teams with the following goals:

(a) Enter and/or approach the location to locate

victims
(b) Extract victims to a safe area
(c) Notify medical personnel
(d) If encountered, act as a contact team and
engage any suspect(s) through control and
arrest, containment, or deadly force.

c. If areas within the affected location are deemed to be

relatively safe for responders, subsequent rescue teams
may provide tactical cover for rescue personnel to enter the
scene for rapid access to critically injured victims.

V. PROCEDURE – WHAT TO EXPECT UPON ENTRY

A. The dynamic environment of an active shooter scenario will bring

with it a host of problems. These problems may include, but
are not limited to, the following:

1. Noise from alarms, people screaming, etc., negatively affecting

communications
2. Confusion. Victims hiding and frightened-not responding to law
enforcement directions.
 POLICY & PROCEDURE SERIES #240 Page 5 of 6

3. Carnage and multiple traumatic injuries.

4. Fire suppression systems and sprinkler systems.
5. Explosive devices, (IED) if encountered:

a. Visually inspect device for potential detonation (timing

device, trip wire, lit fuse, etc).
b. Identify and, if possible, verbally report location(s) of
device(s).
c. DO NOT move or touch them.
d. Move past device when part of a contact/rescue team.

VI. PROCEDURE – MUTUAL AID SUPPORT

A. Immediately following the initial notification of an active shooter at

any location within the county of King William, resources from
surrounding jurisdictions will undoubtedly begin to arrive to offer
assistance. The IC will have the responsibility of allocating these
resources. They may include:

1) Law enforcement agencies from the adjoining areas

2) Local Federal law enforcement agencies to include FBI,
ATF, etc.
3) Off-duty officers residing within the area or in the area on
unrelated matters
4) Fire and Rescue resources. However, only marked
emergency vehicles should be allowed access to the
incident
5) State agencies that offer relief assistance
6) Federal agencies that offer relief assistance
7) Private corporations and citizens offering relief assistance

B. If a responding officer, as listed above, arrives to provide

assistance and is able to do so, on-scene officers will decide the
best manner in which assistance can be rendered. These officers
may also be required to act as members in the initial contact
team.

Additional Mutual Aid support will be handled in accordance with

established mutual aid agreements and through the Incident
Command System.

VII. PROCEDURE – USE OF FORCE

 POLICY & PROCEDURE SERIES #240 Page 6 of 6

When the suspect(s) actions present an immediate threat of death or serious

bodily injury, it may become necessary to use deadly force to stop that
behavior. All applicable guidelines concerning the use of force by a law
enforcement officer will apply.

VIII. PROCEDURE – ARRIVAL OF THE TACTICAL RESPONSE TEAM

A. When tactical teams arrive, they are generally better-equipped and trained
to resolve crisis scenarios. However, due to the possible size and scopes
of an active shooter scenario, continued assistance by first responders is
critical. As soon as practical, the Incident Commander will instruct
responding personnel to:

1. Coordinate and relinquish contact team responsibility, unless

continued operations by patrol units are deemed necessary by TAC
TEAM personnel.
2. Assist with containment responsibilities.
3. Assist with rescue teams if necessary.
4. Act as a “pathfinder” for the TAC TEAM:

a. Remain at furthest point of insertion until relieved by the TAC

TEAM.
b. Direct TAC TEAM officers to last known suspect(s) location.
c. Report location(s) of explosives.
d. Provide any pertinent information such as known suspect
description, weapons, etc.

IX. TRAINING

The King William County Sheriff’s Office will ensure all sworn personnel
receive training on Immediate Deployment/Rapid Response (Active Shooter)
tactics.
 POLICY & PROCEDURE SERIES #241 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
BOMB THREATS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01f

I. PURPOSE:

The purpose of this general order is to establish procedures for handling bomb
threats and actual bomb emergencies. (OPR.05.01f)

II. POLICY:

Bomb threats and actual bomb emergencies present a serious threat to officers, the
public, and to property. Recently, more actual bombings of public and private
buildings have occurred than at any time this century. Law enforcement must be
able to respond effectively to all bomb threats, assess them, and handle each
efficiently to provide for the safety of the general public. Additionally, officers must
be able to properly investigate bomb threat/bomb emergencies in order to
apprehend those responsible.

III. PROCEDURES:

A. Administration:

1. The supervisor shall have the authority to implement this plan and shall
assume command of the operation until relieved by the Sheriff or his
designee.

2. In accordance with P&P 301, Criminal Investigations, bomb threats normally

shall be investigated by officers, while actual bombings require the
assignment of investigators. The on-scene supervisor may decide it
appropriate to call out the investigator if the threat involves extortion or
terrorism.

3. The FBI must be notified of any actual bombings. Bomb blasts in schools or
at federal installations shall be investigated by the FBI.

B. Duties and responsibilities of dispatcher:

The duties and responsibilities of the dispatcher receiving a bomb threat/bomb

emergency call include:

1. Obtain as much information as possible such as:

a. exact location of the bomb;

POLICY & PROCEDURE SERIES #241 Page 2 of 4

b. time set for detonation;

c. description of bomb;

d. type of explosive;

e. type of bomb (pipe, etc.);

f. reason for bombing.

2. Notify and dispatch the Sheriff (if actual bombing) to the scene.

3. Record pertinent information.

C. Duties and responsibilities of the on-duty supervisor:

Upon notification by the dispatcher, the supervisor shall immediately respond to the
scene. Radios shall be turned off. Additionally, the supervisor shall:

1. Assess the situation; make a determination to notify command personnel,

investigative personnel or FBI.

a. If a call back of additional officers is necessary, the dispatcher shall

be instructed to do so in accordance with P&P 229, Unusual
Occurrences.

b. Determine what outside agencies shall be notified or assistance

requested such as fire, rescue, hospitals, the FBI, and Virginia State
Police.

c. If the threat is determined to be credible or if any explosive device

has been detonated, have the dispatcher contact the Virginia State
Police.

2. Interview the person who received the original call. All details, such as the
caller's voice, mannerisms, background noises, and the time shall be noted.
The time the call was received is most important since most bombs are
activated by a watch or clock which restricts the "bomber" to a 12-hour
period or less. Play back the tape recording of the bomb call, if one was
made.

3. Instruct officers about traffic control in the general area.

4. Establish a security perimeter around the scene.

5. Coordinate with outside agencies that have been called, as they arrive.
POLICY & PROCEDURE SERIES #241 Page 3 of 4

D. Duties and responsibilities of investigating officer:

Upon arrival at the scene, the investigating officer shall assume responsibility for the
completion of the preliminary investigation and begin a follow-up in accordance with
P&P 301, Criminal Investigations. If an actual explosion has occurred, detailed
investigation and crime scene processing should wait for the investigator or
investigating agency, i.e., VSP or FBI.

E. Evacuation:

1. The final decision to evacuate a building must be left up to its management.

The role of law enforcement is to provide information and recommendations
which the management officials may use in making the evacuation decision.

2. If the decision is made to evacuate the building, officers may assist in the
process.

F. Communications:

Due to the danger of possible bomb detonation from radio transmissions all police
radios at the scene shall be turned off. Communications between the supervisor
and dispatch shall be by telephone or an officer can be sent several blocks away to
transmit messages using the police radio.

G. Scene protection/evidence collection:

If an explosive device has been detonated, the scene shall remain protected until
the investigator or outside agency arrives to begin scene processing.
Officers/investigators shall give any assistance requested by the outside agency.

H. News media access:

News media access shall be restricted to the security perimeters established by the
on-scene commander. The Sheriff shall be the single point of contact in releasing
information to the media.

I. After-action report:

Offense reports shall be completed on each bomb threat/bomb emergency.

Additionally, an after-action report shall be completed by the supervisor to the
Sheriff relating all facts of the incident and recommendations, if appropriate.

J. Annual plan review:

This plan shall be reviewed and if necessary updated annually by the Sheriff or his
POLICY & PROCEDURE SERIES #241 Page 4 of 4

designee.
 POLICY & PROCEDURE SERIES #242 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
SPECIAL EVENTS/VIPs 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.03a, b

I. PURPOSE:

To establish procedures and responsibilities for handling special events and

VIP visits.

II. POLICY:

Periodically, special events take place in the county that require the
department’s participation. These serve as an opportunity to interact with
the community and foster a positive image of the department.

III. PROCEDURES:

A. Definitions:

1. Special events: parades, festivals, fairs, or other public activities

involving a large influx of people into the town.

2. VIPs: prominent individuals from the entertainment community,

politics, or other professions who require an added degree of security
during public exposure.

B. Coordination of department participation in special events:

(OPR.05.03b)

1. The Sheriff or his designee is the single coordinator for department

participation in special events. He will make arrangements with
representatives for the special events to estimate number of
participants and impact on traffic/parking activities.

2. The Sheriff shall then determine what department resources will be

required to address areas of concern with the special events,
including:
POLICY & PROCEDURE SERIES #242 Page 2 of 3

a. Traffic control

b. Crowd control

c. Potential crime problems

d. Contingency plans for traffic direction and control

e. Use of outside law enforcement and/or civilian personnel

3. The Sheriff shall coordinate department participation with other law

enforcement and emergency services agencies.

C. Handling the security of VIPs: (OPR.05.03a)

1. When the department becomes aware of an upcoming VIP visit, the

Sheriff shall coordinate any additional security details requested by
the VIP’s security representative.

2. Due to limited department resources, the Sheriff may request

additional support from the Virginia State Police or federal agencies
tasked with the VIP’s security.

3. If the VIP is a political or international dignitary, the Sheriff will

merely act as a liaison with their security details.

4. The Virginia State Police or the VIP’s security representative will

determine appropriate security requirements, to include:

a. consideration of vehicles

b. body armor for VIPs

c. planning and exploring travel routes and alternates

d. advance intelligence for gathering intelligence information

e. identification of emergency medical facilities

f. communications

g. special identification by designation pins

POLICY & PROCEDURE SERIES #242 Page 3 of 3
 POLICY & PROCEDURE SERIES #243 PAGE 1 OF 9
SUBJECT EFFECTIVE DATE
7/1/18
AUTOMATED EXTERNAL APPROVED
DEFIBRILLATOR (AED) J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
PER.10.02 a-c

I. PURPOSE

The purpose of this general order is to establish guidelines for and define the use
and care of Automated External Defibrillators (AED), and to ensure the most
effective and efficient delivery of AED service for persons in emergency
situations where the need for an AED is required.

II. POLICY

NOTE: It is the policy of the King William County Sheriff’s Office to provide
emergency Automated External Defibrillators (AED) services whenever possible
to citizens within its service area. Use of this equipment is restricted to personnel
trained in its operation. The Sheriff’s Office will issue AED units to officers to be
utilized as situations warrant.

In support of this general order, appropriate equipment, training, and

maintenance of the AED units will be maintained. AED deployment will be in
accordance with all established policies and procedures of the King William
County Emergency Services Director.

III. PROCEDURES

A. Definitions

1. Automated External Defibrillator (AED): A device that combines a

heart monitor and defibrillator that:

a. Is capable of determining, without intervention by an

operator, whether defibrillation should be performed, and

b. Automatically charges and requests delivery of an electrical

impulse to an individual’s heart, upon determining that
defibrillation should be performed.
 Page 2 of 9
POLICY & PROCEDURE SERIES #243

2. AED Operator: Someone who has completed a training program

approved by the American Heart Association or the American Red
Cross, or the American Health and Safety Institute in
cardiopulmonary resuscitation and the use of the AED.

3. AED Coordinator person designated by the Sheriff or responsible

for care and maintenance of AED’s.

B. Response to an AED call

1. If the closest officer is on or en route to a call, the Patrol

Supervisor shall determine whether to reassign this officer from
the previously assigned call to the AED call. As a general rule,
officers may be disregarded from Code 2 or lesser priority calls to
respond to an AED call.

2. It is imperative that the closest officer who has an AED unit be

assigned to respond to the rescue call.

C. Training (PER.10.02a)

1. All sworn members of the Sheriff’s Office will be trained and

certified in the following areas:

a. Cardio-pulmonary Resuscitation (CPR), and

b. Bloodborne Pathogens, and

c. Automated External Defibrillator

d. First-Aid

2. Re-training and re-certification will be conducted as prescribed and

regulated by the American Red Cross, American Heart Association
or American Health and Safety Institute. (PER.10.02b)

D. Deployment

Individual AED units will be assigned to officer who are assigned marked
patrol units.

E. Emergency Communications Center (ECC) Protocol

 Page 3 of 9
POLICY & PROCEDURE SERIES #243

1. Upon receipt of a call indicating that a person is in need of

emergency medical care due to unresponsiveness, the appropriate
Fire and EMS personnel will be immediately dispatched.

2. Once this dispatch has been made, patrol officers will be notified
that Fire and EMS are responding to an address on a report of
respiratory arrest or CPR in progress.

3. It is imperative that the closest available officer with an AED unit

respond to the rescue call.

F. Officers with AED Units Responsibilities

1. Any officer who has an AED, is in clear proximity and available will
respond to the dispatched location. Upon arrival, the officer will
respond to the person with the AED unit. If warranted, and if Fire
and EMS personnel have not arrived, the AED unit will be
activated and attached to the patient.

2. At anytime during this process, if Fire and/or EMS personnel

arrive, the officer will immediately relinquish the patient to their
control.

3. If Fire and/or EMS personnel have not arrived, and the AED unit
has been activated and used on the patient, this information will be
immediately given to ECC personnel, who will update responding
Fire/EMS personnel.

G. Operation Procedures (OPR.10.02a)

1. Verify that the patient is unconscious and confirm absence of

pulse and respirations. The patient will be assessed for an open
airway, breathing, and pulse. If the patient is unresponsive and
has a pulse, the unit should NOT be attached to the patient.

2. If the patient has no pulse and is not breathing, the AED unit
should be placed on the patient as soon as possible. If an AED
unit is not available, CPR should be performed, and continued,
assisted by the AED when available.

3. Press ON to turn on the AED.

4. Prepare the patient for electrode placement:

a. If possible, place the patient on a hard surface away from

b. Standing water or conductive material.

 Page 4 of 9
POLICY & PROCEDURE SERIES #243
DO NOT use the AED unit if the patient is lying in water.

c. Remove clothing from the patient’s upper torso.

d. If necessary, dry shave excessive hair from the electrode

sites. Avoid cutting skin.

e. Do not apply alcohol or other flammables to the skin.

f. Remove medication patches from electrode sites and wipe

clean.

5. Apply electrodes to the patient’s chest as directed on electrodes.

6. Follow the light and verbal prompts provided by the AED.

7. Special Instructions for Screen and Voice Prompts:

a. “Stand Clear, Analyzing”.

DO NOT touch the patient, AED, cable or patches until

“Shock Advised”, prompt is given.

b. “Stand Clear” and “Push to Shock” (RED BUTTON):

Operator immediately states: “I’m clear, you’re clear,

everybody’s clear” and visually checks that no one is
touching the patient; then depresses shock button.

c. “Check Electrode Pads”:

Verify cable connected fully to AED. Verify patches stuck to

chest. If excessive chest hair is present, remove patches,
dry shave chest and use NEW patches.

8. Once attached, the AED will begin to analyze the patient’s heart
rhythm. The officer who deploys the AED unit should follow the
audio instructions of the unit, analyzing, and delivering electrical
shocks as requested by the device.

9. Prior to defibrillation, the officer must ensure all persons are clear
of the patient to prevent injury.

The safe use of the AED unit is the responsibility of the officer who
is in control of the AED unit.
 Page 5 of 9
POLICY & PROCEDURE SERIES #243

10. The officer must maintain patient care until such time an EMS
provider of equal or higher certification assumes patient care:

a. First Responder

b. EMT-B trained provider

c. ALS provider (EMT-I, Paramedic)

11. The officer may be requested to go to the hospital with the

ambulance crew even though the provider on the ambulance is of
higher certification. This may be necessary in order to ensure
proper patient documentation and continuation of care.

H. Patients with Implanted Pacemakers

If possible, place defibrillation electrodes away from the internal

pacemaker generator. Treat this patient like any other patient requiring
emergency care. Pacemaker pulses may prevent advisement of an
appropriate shock, regardless of the patient’s underlying rhythm.

I. Post Usage

1. After the AED unit has been utilized, the officer must contact the
AED Coordinator to make arrangements for the data to be
retrieved. Once the data has been retrieved, the AED unit can then
be placed back in service.

2. Any time there is a problem with an AED unit the department AED
Coordinator will be contacted. The AED unit will be placed out of
service until repaired.

J. Safety Procedures and Care of AED Unit (OPR.10.02c)

1. The AED will be inspected during the semi-annual vehicle

equipment inspection. The inspection will include the AED case,
connector, battery, battery well, battery pins, condition of the
Electrode patches, and appropriate illumination of messages.

2. The A.E.D. device is to be transported in a place where there is

the capability for easy access, immediate recognition of the status.

3. Indicator light and alarm, and where the operational temperature of

the unit (32 degrees F and 122 degrees F) will not be exceeded.
Therefore, the A.E.D. device will only be transported in two
possible areas:

a. The passenger compartment of the patrol vehicle, out of

direct sunlight or;
 Page 6 of 9
POLICY & PROCEDURE SERIES #243
b. Seat belted in the rear seat of the patrol vehicle, to be
removed when transporting prisoners, then replaced.

c. The A.E.D. will not be stored in the trunk of any vehicle.

K. Records and Reports

1. The following records and reports shall be maintained for a period

of not less than five years:

a. The department Training Officer will maintain current

personnel records of each sworn member, to include a file
for each that provides documentation of training and
qualification including evidence of certification in AED use.

b. The department AED Coordinator will maintain current

records of each automated external defibrillator (AED)
currently in use to include maintenance records and records
of safety inspections.

2. An officer will complete an Incident Based Report (IBR) for each

instance where the AED is deployed and eventually applied to an
actual or potential patient.

3. An officer will also complete an AED Use form (Appendix A) for

each instance where the AED is deployed and eventually applied
to an actual or potential patient, and will be forwarded as follows:

a. Original copy will be attached to the IBR and maintained by

the office manager.

b. One copy will be forwarded to the AED Coordinator.

c. The AED Coordinator will forward a copy to the Fire, Rescue

and Emergency Services designee.

d. The FRES designee will forward a copy, not more than ten
business days following the patient care incident, to:

i. The responding EMS agency that assumed care of

the patient, and

ii. The receiving medical facility, if applicable

4. When an AED Unit is actually utilized on a patient, the officer who

used the AED Unit is responsible to complete a thorough check of
the AED Unit after its use before returning the AED Unit to service.

L. Provision of Care
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POLICY & PROCEDURE SERIES #243

1. Sheriff’s Office members shall be responsible for providing care

consistent with their levels of training.

2. Sheriff’s Office members shall be authorized to withhold treatment

from patients in respiratory and/or cardiac arrest only when
provided with documentation that the patient involved has a valid
“Do Not Resuscitate Order.”

3. Medical information concerning any individual is confidential and

shall not be shared or disclosed except for continuing medical care
or for investigations by the Department of Health.

4. Sheriff’s Office members shall not leave a patient without ensuring

an equal or higher level of care is provided. Informed consent shall
be obtained or informed refusal of care shall be documented by
responding EMS workers.
 Page 8 of 9
POLICY & PROCEDURE SERIES #243
(APPENDIX A)

King William County Sheriff’s Office

Automated External Defibrillator Use Form
General Information

Date:____/____/____ Unit #: _______ Name:________________________

Incident Location:________________________________________________________

Times
Received: ________ Fire Unit On-Scene:________
Enroute: ________ EMS Transport Unit On-Scene:____________
On-Scene: ________ Patient Transported to Hospital: [ ] Yes [ ] No
Patient Information

Name:________________________________________________________________
__

DOB:____/____/____ Age:______ SSN:______-___-________ Sex: M F

Patient condition upon arrival? [ ] Pulse [ ] No Pulse

Was arrest witnessed? [ ] Yes [ ] No

Who witnessed the arrest? [ ] FD [ ] EMS [ ] Law Enforcement [ ] Civilian

Was CPR in progress upon arrival? [ ] Yes [ ] No

CPR was initiated by: [ ] FD [ ] EMS [ ] Law Enforcement [ ] Civilian

[ ] Other:___________________________________________

CPR start time (est.):________ CPR Stopped (est.):________

Was patient defibrillated? [ ] Yes [ ] No If Yes, how many times:______

Did patient regain a pulse: [ ] Yes [ ] No

Additional Comments:
 Page 9 of 9
POLICY & PROCEDURE SERIES #243
(APPENDIX B)

King William County Sheriff’s Office

Automated External Defibrillator
Bi-annually Check Sheet

General Information

Date:____/____/____ AED Unit Number: __________

Officer’s Name:__________________________ Unit Number: __________

Note condition of:

AED Case: _____________________________________________________________

Battery Capacity:_________________________________________________________
Defibrillation Electrodes Connection:__________________________________________
ECG Circuitry:___________________________________________________________
Defibrillator Charge and Discharge Circuitry________________________________
Microprocessor Hardware/Software:__________________________________________
CPR Circuitry and Sensor:__________________________________________________
Audio Circuitry:___________________________________________________________
CPR-D padz/Pedi Padz II Electrode Patches ___________________________________
Message Display Illumination: _______________________________________________

Additional Comments:
 POLICY & PROCEDURE SERIES #244 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
SCHOOL LIAISON PROGRAM 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.04.04

I. POLICY:

It is the policy of the King William Sheriff’s Office that a school liaison program be
established to provide assistance to the students, parents and staff of the King
William School system.

II. PURPOSE:
The purpose of this directive is to establish procedures for the School Liaison
Program for the King William Sheriff’s Office. The school liaison programs provide
a forum through which the students, parents, faculty and law enforcement officers
can become acquainted and, as a result, earn mutual respect. This program shall
include the use of School Resource Officers.

III. PROCEDURES:

A. The mission of the school liaison program (school resource officer

program) is:

1. to provide a safe learning environment for the students and staff,

2. to develop and maintain a positive relationship with the students,

staff and parents,

3. to act as a resource with respect to delinquency prevention, by

identifying and preventing, through counseling and referral,
delinquent behaviors such as substance abuse, violence,
vandalism, etc… (OPR.04.04a)

4. to provide guidance on ethical issues in a classroom setting,

5. to assist by providing individual counseling to students,

POLICY & PROCEDURE SERIES #XXX Page 2 of 3

6. to explain and advise on the role of law enforcement in society.

(OPR.04.04b)

B. The Role of the School Resource Officer (SRO):

1. To protect and serve by;

a. preserving individual rights as guaranteed by the

Constitution of the United States,

b. effectively enforcing state and local laws and ordinances,

c. aggressively investigating criminal offenses,

d. the timely apprehension of persons suspected of committing

criminal acts,

e. the creative application of modern principles and

technologies of public services,

f. cooperating with local, state, and federal law enforcement

agencies and school staff,

g. developing, perpetuating, and constantly evaluating the

programs and procedures designed to prevent and control
juvenile delinquency, substance abuse and the illegal
distribution of narcotics,

h. providing impartial, competent and courteous service to

students and staff, without regard to race, creed, religion, or
gender,

i. to enforce the instructions of the Sheriff and the

Superintendent of Schools, that there be a zero tolerance
level for any criminal law violations on school property
pertaining to:

1) weapons,

2) drugs/narcotics

3) acts of assault or other violence.

POLICY & PROCEDURE SERIES #XXX Page 3 of 3

2. Being involved with the schools and serving by:

a. being responsive to students and staff, and providing

feedback regarding efforts to resolve problems or concerns,

b. projecting a professional image through

c. positive interaction with members of the student body and

staff,

d. asking students and staff to assist in the development of law

enforcement activities and programs which impact their
school and affect their quality of educational experience,

e. participating in programs that share responsibility with the

school in the delivery of law enforcement services,

f. encouraging student and staff cooperation with all criminal

justice agencies through various school and community
programs.

3. The function of the School Liaison Officer:

a. He/she is first and foremost a law enforcement officer. They

shall conduct themselves in the following manner;

1. They shall dress in issued and approved uniform

apparel,

2. They shall take law enforcement action as required.

School Officials will be notified as soon as possible if
they are not a part of the initial process.

3. They shall not act as a school disciplinarian.

However, school officials may include the officer in
counseling sessions. This is encouraged when
possible.

4. They shall move freely about the campus, as this is a proven crime
prevention practice.
 SERIES #245
POLICY & PROCEDURE PAGE 1 OF 22
SUBJECT EFFECTIVE DATE
ANIMAL CONTROL 7/1/2018
FIELD OPERATIONS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE: This general order is for internal use only, and does not enlarge a deputy's civil or criminal
liability in any way. It should not be construed as the creation of a higher standard of safety or care
in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can
only form the basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

1) POLICY

The King William County Sheriff’s Office Animal Control Division is responsible to
properly enforce Virginia laws and County Ordinances that pertain to and for the
protection of domestic animals and livestock as stated in the Code of Virginia,
Department of Agriculture Regulations, and articles of the King William County Code.

2) PURPOSE
The purpose of this general order is to set guidelines for field operations of the King
William County Sheriff’s Office Animal Control Division. The County, Sheriff, State Law
and Department of Agriculture Regulations mandate the procedures for Animal
Control related field operations. These procedures will be specifically followed unless
there is a specific notation that allows discretion to a procedure. No procedure shall be
altered in any way without the written authorization of the Sheriff or designee.

III. PROCEDURES - GENERAL

A. General

3) Anything not specifically related to the Animal Control Division

covered in this general order, shall be covered under Sheriff’s Office
General Orders Manual.
4) The procedures in this general order are for the use of Animal
Control Deputies and in no way is to be used for the purpose of
countermanding or overriding the procedures and guidelines established in
other Sheriff’s Office General Orders.
5) It shall be the responsibility of each member to be knowledgeable of
this general order. It is the responsibility of each member to seek
clarification of anything they do not understand or that is in
question.
 6) Updating, developing and reviewing information contained in this
general order will be in accordance with requirements listed in the
Organization of Manual general order.
7) Procedures contained in this general order will provide specific
information on certain types of calls and incidents related to Animal Control
Field Operations to be followed and will provide examples of how other
duties may be handled.
8) Every member must understand these policies and procedures will not
cover every case which may arise in the discharging of Animal Control
duties. Situations not specifically covered will require a member to use
intelligent discretion based on their experience, knowledge, training, and
skills of the individual.
9) It is the responsibility of the Animal Control Division to enforce the State
and County codes pertaining to and for the protection of domestic animals
and livestock as stated in Title 3.2 Subtitle 5, Chapter 59 of the Virginia
comprehensive Animal Laws and the King William County Code.

B. Other responsibilities shall be, but not limited to, as follows:

1. The care of the facility known as the “Regional Animal Shelter”.

2) Have working knowledge of all State Laws and County Codes pertaining
to Animal Control Officers and the Shelter.
3) Have working knowledge of King William County geography, its
boundaries and the zoning of the areas as the zoning pertains to leash
laws, laws and kennels, etc.

C. Any items, topics, etc. not covered in the Animal Control Standard
Operating Procedure, shall be referenced to and covered within the
Sheriff’s General Order Manual. This includes UNIFORMS AND
GROOMING, OPERATION OF VEHICLES, LEAVE AND
SCHEDULING, DISCIPLINARY ACTIONS, TERMINATIONS AND
PROFESSIONALISM, ETC.

4) Policy and Intent of Sworn Animal Control Deputies

A. Upon accepting a position in the Animal Control Division, applicants will

understand Job duties and certain restrictions/limitations.

B. It is the goal of the Sheriff’s Office to achieve and maintain peace, order
and a safe community. This goal is achieved through multiple divisions,
each accomplishing a different task. It is not the goal of the sheriff for
the Animal Control Deputies to conduct themselves as a patrol deputy
(i.e. responding to Law Enforcement dispatched calls, traffic stops etc.)
but to fulfill their duties as an A.C.D.
C. The goal of the Animal Control Division is to assure there is a safe
coexistence of companion animals and people, operate the animal
shelter to provide a humane shelter for stray and unwanted animals, to
impound sick and stray animals and to address complaints of the
citizens in regards to companion animals and livestock.

D. Conduct:

1. At times, the acts of the Animal Control Unit will be subject to the
observation and possible criticism of members of the public and the
media.
2) The reputation of the Animal Control Unit and the success of the ACD’s
will depend in large measure upon their personal philosophy, the manner in
which they conduct themselves, and the course of personal conduct each
elects to pursue, both on-duty and off.
3) ACD’s will conduct themselves at all times, both on and off duty, in a
professional manner.
4) No employee shall by act or omission bring discredit on the Animal
Control Unit.
5) Each staff member of the Animal Control Unit shall demonstrate via
their own conduct and care of their own pets, their support of the mission
and goals of the Animal Control Unit.

E. As members of the King William County Sheriff’s Office, Animal Control

deputies will be sworn deputies. They will successfully complete a
Basic Law Enforcement class approved by the Virginia Dept. of
Criminal Justice Services along with the Basic ACD course required by
Virginia Code. Enrollment in the ACD Basic will be as required in 3.2-
6556, enrollment in the Law Enforcement Basic will be scheduled
according to the Sheriff.

F. The duties and related tasks of the ACD’s are defined in state code and
further defined by the Sheriff. How these are to be completed is defined
in the general orders and the Animal Control S.O.P.

G. Key job responsibilities are as follows:

6) Respond to and investigate animal related complaints.

7) Prepare paperwork and evidence for court cases.

8) Patrol assigned work zone

9) Safely impound animals

10)Serve misdemeanor warrants and subpoenas.

11)Assist all other divisions of the sheriff’s office as needed.

 12)Complete all other related tasks.

13)In exigent circumstances, the ACD may need to exercise

full police powers to achieve the goals of the Sheriff’s
Office and the public’s safety. Control of the scene should
be transferred to the first patrol unit to arrive on scene.

14)USE OF FORCE ON ANIMAL

This section shall apply to use of force on animals. ACD’S are equipped with
pepper spray, collapsible baton, handgun. It shall be noted that these issued
pieces of equipment are not for capture purposes but are provided to assure
the safety of the ACD, others and when applicable, other animals. The use of
these items other than for animals is governed by the Sheriff’s Office General
Orders. The use of deadly force may be directed at dangerous, vicious,
possible rabid animals when necessary in self-defense or the defense of
others or when mandated by state or county law.
A. Pepper Spray

1. Only pepper spray issued by this office may be carried or used.

2) Pepper spray may be used in situations of a charging dog and to
prevent being bitten. The spray should be sprayed into the eyes of the
aggressive animal while you make your way to safety.
3) If the dog is impounded the shelter workers shall be notified to
decontaminate the animal and handle the animal so as not to get
contaminated with the pepper spray.

B. Baton

1. Only batons issued by this office are permitted to be carried.

2) Any use of the baton other than on animals is prohibited unless the
ACD has completed a training course.
3) The baton may be pulled out: to keep an aggressive animal at a
distance, to protect the deputy and/or others from attack. The baton should
not be used for head strikes unless deadly force applies. Body strikes to
the shoulders and hind quarters should suffice in stopping the animal.

C. Firearm

1. Whenever it is necessary to use a firearm in a use of force situation

the animal must be considered dangerous/vicious and presenting a
clear and present danger to the officer, the public or as described in
VA. Code 3.2-6552.
2) The Animal Control supervisor will be notified as soon as the situation
allows.
3) The Use of Force Report will be filled out.
4) In the event that the animal is still alive it will be taken to veterinarian
either by the A.C.D., the owner or by the A.C.D. accompanied by the
owner.

5) EQUIPMENT

A. Issued equipment to the ACD and the ACD’s vehicle will be properly
maintained at all times. When equipment becomes damaged, lost or
unsafe the officer will notify the supervisor and make a request for new
equipment. All equipment will be maintained and stored in accordance
with the Sheriff’s Office General Orders.

1. The following equipment will be issued to each ACD for their use:

2) Aluminum dog box with tool compartment.

3) 7’ ½” catch pole.
 4) 4’ catch pole

5) Talon bite gloves

6) 30” Snappy Snare

7) 48” Snake Tongs

8) Bolt Cutters.

9) Portable Infra-red Thermometer.

10) Twelve animal leads.

Chip checker
Water
Water bowls
Food bowls
Blankets
Towels
Grain for livestock
Traps- dog/ cat
Cat carriers
Nets
Horse leads and halters
Ramps
stretcher

IV. OPERATING HOURS

The Animal Control Division, needing two entities will operate as follows:

A. Animal Control Deputies: Monday through Friday 8:00 am to 4:00 pm.

After hours an ACD will be available for emergencies (see ON-Call).

5) PROCEDURES – FIELD PROCEDURES

The subsections in this section will provide general procedures for handling calls in the
field. No two situations are exactly the same in the field and subsequent Animal
Control Deputy (ACD) actions will depend on circumstances of the specific
incident. It is impossible to list every call type that may be encountered by an ACD.
Each ACD will have to rely on their training, knowledge, and experience to resolve
some situations.

A. Humane Care of Animals

The humane care and handling of all animals is the foundation for
Animal Control functions of the Animal Control Division. Short of
 jeopardizing personal safety, each animal deserves the most humane
treatment possible. It is the responsibility of each member to maintain
the dignity of the animal during capture, transport, housing, and
euthanasia, as required.

B. The following calls for service require an Incident Based Reporting

form be completed and submitted.

1. Animal cruelty (on found violations).

2) Animal Fighting.
3) Animals killing livestock.
4) Assist law enforcement and/or fire/rescue (if an animal is picked up).
5) Community Service.
6) Declaration of Dangerous/Vicious dog.
7) Duties of owner (if a summons is issued).
8) Failure to maintain premises (if a summons is issued).
9) Larceny of an animal.
10)Nuisance (if a summons is issued).
11)Animal bites, human or other animal.

C. Animal Pick-Up Paperwork and Procedures

1. Every animal that is picked up must have an animal intake sheet

completed for it immediately after the animal is put on the truck.
This includes animals that are turned over to their owners. Dogs
brought to the Shelter must be put in the kennel with the intake
sheet and animal field log card clipped to the run.
 2) The animal field log card must be filled out completely. If there are any
portions of the card that are not applicable, “NA” should be written in the
space provided. All information from the collar must be noted. At least
one attempt to contact the owner must be made if a phone number or
address is obtained. ACDs must be sure to document whether contact was
made with an owner, and any other notes that may be helpful to shelter
workers.
3) Animals picked up without any identification (collar, tattoo, micro-
chip, etc.) shall be held for a minimum of ten days; this does not include the
th
day of pick up. Example: If a dog is picked up on the 18 it must be held
for t e n full days, (excluding the day of pick up) this would be the
th
28th.The dog is available for adoption on the 29 .
4) Animals picked up with identification (collar, tattoo, micro-chip, etc.)
shall be held for a minimum of 10 days, this does not include the day of
th
pick up. Example: If a dog is picked up on the 18 it must be held for
th
ten full days (excluding the day of pick up), this would be the 28 . The dog
th
is available for adoption on the 29 .
5) When an ACD calls and advises an animal has been picked up, the
Emergency Communications Center (ECC) member records it in CAD. The
ACD is responsible to place the animal in a cage at the Animal Shelter and
attach a field contact card to the cage.
6) A field log card or any identification should never be clipped to an
empty run or cage.

D. Animals that Bite a Person

1. Companion animals that bite or scratch a person need to be

quarantined for a period of ten days. This does not include animals
that bite other domestic animals.
2) A bite report must be taken as soon as possible. Fill out the bite
report with as much information as you can.
3) If the animal is up to date on rabies vaccination the animal can be
quarantined at home as long as the animal can be properly quarantined.
4) If the animal is not up to date on its rabies vaccination the animal
shall be quarantined at the shelter unless quarantine guidelines are met .
5) Once the animal has been quarantined and a bite report taken, the
ACD will fax the bite report to the health department and attach a copy to
the original call sheet.
6) The ACD will also fill out the requirements of quarantine order, and
explain the conditions of quarantine.
 7) While the animal is on quarantine the owner of the animal shall not be
permitted to get the animal vaccinated for rabies, unless otherwise
directed by the Health Department.
8) A history must be run on the dog. The animal may have bitten
before, and the ACD may have to take further steps in this matter.
9) In the case of a Dangerous or Vicious dog investigation, the dog
must be quarantined at the shelter.

E. Dogs Running at Large

1. ACDs will respond to all Dogs Running at Large calls while on duty.
2) The ACD must witness the animal off its property to issue a
summons.
3) If the ACD does not witness the animal off its property, the ACD can
advise the complainant to go to the magistrate’s office and file a
complaint; or in the case of a first offense, an ACD may subpoena the
complainant or other witnesses and issue a summons.
4) The ACD must make a reasonable attempt to locate the animal
before leaving the area.

F. Dangerous or Vicious Dogs

1. Dangerous Dog: refer to County Code section 10-91 for the

definition.
2) Vicious Dog: refer to the County Code section 10-91 for the definition.
3) It is the responsibility of the ACO to investigate all vicious dog reports.
4) The responding ACD will take action as soon as possible to insure the
safety of all involved.
5) The deputy will verify that the dog is vicious and generate a report with
all information.
6) If the owner is known the officer will verify rabies vaccination and
County license and advise the owner of the situation.
7) If owner of the dog is unknown the ACD will capture and impound the
dog. The ACD will attempt to locate the owner as soon as practicable.

G. Dogs Locked in Vehicles

1. Dogs locked in vehicles are emergencies only on days when the

outside temperature is 70 degrees or higher.
2) There is no violation of law on cool overcast days or at night.
3) When the outside temperature is such that the interior of the vehicle is
detrimental to the health of the dog, an ACD is permitted to respond as
soon as feasible to the call.
4) Upon arrival at the scene, an ACD should assess the condition and
should determine if the animal is in distress by looking at physical signs:

a. Excessive panting.

2) Lethargic.

3) Does not respond to verbal or physical stimuli.

4) Use of the issued infrared thermometer.

5) If not in distress:

a. Ask witnesses for a statement to determine how long the animal has
been inside unattended.

2) Determine if windows are open enough to allow proper ventilation or

access.

3) Determine if water is available to the animal. This is not required by

law but is a good thing to have.

4) Obtain a temperature reading inside the vehicle and ask ECC to call
for an outside air temperature reading.

5) Take photographs if criminal charges are possible and document

vehicle information.

6) Attempt to locate vehicle owner

7) If the animal is removed, a note should be left on the vehicle giving

the ACD’s name and where the animal has been taken.

8) Take the animal to the shelter.

9) If the animal is in distress:

10)If the animal must be removed, notify the animal control supervisor. If the vehicle
is locked, advise the on-duty supervisor and follow the instructions given by the
supervisor.
a. If the animal will require emergency treatment,
transport the animal to the veterinarian.
b. Take the animal to the shelter and place a hold on the
animal.

1) This requires the approval of an ACD before the animal can

be released to the owner.

2) This allows the animal control officer to take appropriate

action, summons or warning, to prevent the situation from
recurring.
 3) O btain an internal temperature from the vehicle.

a. Infrared thermometers; these thermometers will be

issued to each officer and will be used as follows;
Start with a clear screen indicating 0.0., point the laser
through an opening in the vehicles exterior window,
pull the trigger and hold, pointing the laser beam on
the a surface that the animal is in immediate contact
with i.e.: front seat, floor board etc. if possible shoot at
least two other readings in the immediate area
surrounding the animal(s) starting with a reset unit
each time. Document the readings taken for court
purposes and also for veterinarian information to treat
the animal if necessary. Thermometers will be check
monthly from April through October at least two at a
time to compare temperature readings and
consistency. Readings will be recorded on the monthly
vehicle inspection sheet.

b. For Court Purpose the infrared thermometer works as

follows: The instrument sends out a focused laser
beam which makes contact with an object and then
reflects the beam back to the instrument were it is
absorbed and converted to a temperature reading.

4) Assistance from Fire/Rescue and a Patrol Deputy may be necessary to

remove the animal from the vehicle.
5) An ACD should typically receive approval from the AC Supervisor First
Sergeant prior to breaking a window. If the supervisor is unavailable, the
ACD shall use his/her discretion.

H. Welfare Checks

1. When conducting welfare checks, an ACD should be conscious of

the type of animal and any related areas of concern for that animal.
For example: When checking a dog be sure to check for shots and
tags along with food, water, and shelter also check the general
condition of the dog and surrounding area.
2) Remember you are responsible to ensure the safety and welfare
of animals in this county. Don’t become complacent! It is easy to overlook
simple things.
 3) If an animal appears to be abandoned, a notice must be posted on
the main entrance of the residence where the dog is being
kept. The residence must be checked in 24 hours to see if the notice
was removed and condition are the same.

I. Injured Animals

1. Sick or injured animals picked up by ACD’s shall be evaluated and

given treatment or euthanized as needed and mandated by State
Law.
2) Companion animals that are injured will be taken to a Veterinarian
Hospital (during regular hours) or the Emergency Vet Center (after hours).
If the animal requires extensive treatment contact the Sheriff before
proceeding with treatment. If the animal is gravely injured and no owner
can be located, the animal will be transported to an emergency
veterinarian to be humanly euthanized. All efforts must be exhausted to
find the animal’s owner.
3) If an animal’s owner calls because his or her animal is injured, it is the
owner’s responsibility to take the animal to a vet. Some animals will
become aggressive when injured, and will not let the owners get close
to them, in these cases an ACD may be dispatched to assist.
4) An injured animal is apt to bite, therefore the use of safety equipment
combined with firm, but gentle handling ensures the animal you care and
are in command.
5) Every effort should be made to locate the owner. When located, the
owner is responsible for all bills incurred for the care of the injured animal.

J. Transport of Animals

1. When assigned to pick up an animal it is important to always

think of officer safety, public safety, and the animal’s safety. The
public may have strong feelings about how the animals are
handled. Always be professional and handle the animal with
respect and be sensitive to the feelings of any citizen who may be
on scene. If the situation calls for assistance, call for backup from
another ACD or a Patrol Deputy.
2) Once the animal is loaded into the vehicle, make note of the
animal’s distinctions and write those on the Animal Custody Record.
Complete as much information as possible.
3) Transport the animal to the desired location (i.e.; shelter, vet, back to
owner) in a safe manner
4) Department of Agriculture Regulation 2 VAC 5-150-130 states a dog
or cat must be transported to the shelter within two hours if the animal is
over six months of age or within one hour if the animal is under six months
of age if the temperature in the vehicle (dog box) exceeds 70 degrees
Fahrenheit or falls below 55 degrees Fahrenheit.
5) After each use, the animal pens in the vehicle will be cleaned,
disinfected and properly dried prior to placing any animals in them.
6) Interior partitions, gates, door vents etc. will all be properly cleaned and
disinfected.
7) If an animal was returned to owner, the vehicle will be cleaned upon
return to the shelter. Only in dire emergencies will an animal be placed in
the pen before cleaning.
 8) If a sick or injured animal is placed in a vehicle and blood or other
bodily fluids excretes, the officer should refrain from using that pen
for as long as possible.If an animal crate is used inside the pen, the
crate will be treated the same as the pen in regards to cleaning,
disinfecting and not using it if bodily fluids have been excreted.
9) No animal will be transported within the cab of any animal control
vehicle(s) unless an emergency or extenuating circumstances exist. The
animal must be contained in a carrier prior to placing in the vehicle.

K. Trapping

Animal traps used by Animal Control members are “live traps” and are
in no way intended to injure the animal. Proper maintenance of the traps
is needed to insure their smooth and proper operation. Traps will be
stored at the Sheriff’s Office when not in use.

a. Dog traps are generally set to resolve problems that are occurring “after
hours”. In most cases traps are being set to control nuisance and stray
dogs, which is a major function of the Animal Control Division. Traps will
be set during normal working hours. Dogs will be removed from traps
during normal working hours. Whoever is monitoring traps shall be
advised not to leave traps set during inclement weather. It may be
necessary to unset traps until conditions permit.

2) Dogs caught will be picked up the same day upon notification that a
capture has occurred.

3) Animal Shelter Staff must be knowledgeable of the procedures

of the use of the dog traps, laws and the hours of operation, for instances
where a citizen calls or comes in to the Shelter and asks. When an ACD
sets a dog trap it is up to the ACD to explain the aforementioned.

4) Traps will be set the day of the request (if traps are available and
weather permitting) and not put off until the next day.

5) It is the responsibility of the ACD in charge of traps for that week to

monitor those requests and respond.
 6) It is the responsibility of the ACD who set the trap to know and record
where the traps are set.

7) ACDs will set and pick up dog traps.

8) ACDs are responsible to explain the laws, policies and proper use of the
trap to the person who requests the trap.

9) If at any time an Animal Control member finds a trap is not being cared
for properly, is being used to trap animals for improper reasons, or is
needed in another location, the trap is to be picked up.

10) Wildlife caught in dog traps may be released by the person who
requested the trap, unless circumstances require an ACD to respond.

L. Wildlife

1. Wildlife issues should be referred to The Virginia Department of

Game and Inland Fisheries (VDGIF). Nuisance wildlife can be
referred to private contractors or companies that are in good
standing with VGDIF.

M. Snakes and Reptiles

a. ACDs will respond to service requests in cases where a

citizen has a snake in the house and make every effort to
capture and remove it. ACDs may not respond to calls when
snakes are in a yard or outbuilding. Snake calls are not priority
calls and will be handled as time permits, unless specific
circumstances provided indicate differently.
N. Summons:

1. Summonses may be issued when an existing law has been

violated. The ACD must remember most people regard a summons
to appear in court to answer criminal charges a serious reflection on
their honesty and integrity. A goal of the Animal Control Division is
compliance with the Animal laws. A summons is a tool to properly
accomplish this goal. The ACD should review the situation and
determine whether a summons would be an effective resolution to
achieve compliance.
2) An ACD will request a picture I.D. from anyone who is going to receive
a summons.
3) The Virginia Uniform Summons will be thoroughly completed.
4) ACDs are to PRINT all information CLEARLY on each summons.
5) All summonses will be turned into the designated location at the
Sheriff’s Office.

O. Warrants

1. ACDs shall obtain warrants from the magistrate for offenses

classified as felonies by Virginia Code.
2) Any offense classified as a misdemeanor may be released by
summons. However, ACD’s may obtain warrants from the magistrate for
offenses classified as Class 1 misdemeanors.
3) The Virginia Code allows for violators of Class 1 misdemeanor offenses
to be released on a summons. However, if extenuating circumstances
exist, for example, such as a violator avoiding the ACD by failing to make
contact with the ACD, a warrant may be obtained from the magistrate.
4) When warrants are obtained from the magistrate, the ACD must
notify the ECC so the information can be logged into CAD.
5) Once warrants are obtained from the magistrate, the ACD shall
transport the warrants to the ECC and hand them to a Dispatcher or
the Administrative Assistant so they can be entered in RMS.

P. ACD On-Call

1. Every ACD is required to work on-call on a rotating schedule.

2) The on-call ACD must be available during times when an ACD is not
regularly scheduled for duty.
 3) ACDs are to respond to emergency complaints only.

4) Emergency complaints include but are not limited to:

a. Injured animal’s

2) Animal bites (at the ACDs discretion)

3) Assistance calls for law enforcement and fire/rescue

4) Livestock in road way

5) Animal on Highway

6) Animal in a car

7) Non-emergency complaints include but are not limited to:

a. Running at large (unless a safety concern)

2) Found stray

3) Barking dogs

4) Welfare checks

NOTE: ACDs should use their best judgment to determine what constitutes an
emergency call. Situations may arise with a “typical” non-emergency call that requires
the on-call ACD to respond. ACDs should use their best judgment also when it comes
to responding to running at large dogs calls.

5) An ACD must make contact with the ECC within five minutes of
receiving notification.
6) When the call is deemed an emergency, the ACD must respond to the
call within a reasonable time.
7) ACDs must respond to the call in uniform or utility uniform with
badge displayed in assigned county vehicle.
8) An ACD is not to consume alcoholic beverages anytime during the
hours when on-call.
9) When n o t i f i e d by the ECC, the on-call ACD must respond to a call,
they must mark enroute with the ECC within an hour from the time they
called in to the ECC.
 10)Any changes to the on-call schedule must be approved by the
Chi ef Depu ty . This includes requests to switch scheduled on-call
days.
11)ECC will notify the on-call ACD for every emergency animal related
call when there is not an ACD on duty. It is the responsibility of the on-call
ACD to call the complainant, determine the nature of the call, and
whether they need to respond to the call. If the call is not an emergency,
the complainant will be advised their complaint will be handled the following
day.

Q. After Hours Procedures for Emergency Communications Center

1. If a patrol deputy is available, the deputy shall respond to the

complaint and assess the nature of the call and make a
determination if the ACD is to be contacted.
2. If a deputy is not available, contact the on call ACD for the animal
related call(s). Inform the caller the ACD may or may not respond to
the call. Also inform the caller an ACD will contact them by phone
to determine if the call is an emergency.
3) Emergency Calls

a. General procedures:

1) For every call, the caller’s name, address, and phone

number should be obtained. For most calls, an ACD will
not respond if there is not a call back number.

2) For every call, details about the type of complaint need to

be obtained: type of animal, breed if known, what has
occurred, are the owners of the animal known (when
applicable), etc.

3) When a call comes in that meets the criteria of an

emergency call the on-call ACD.

4) If the ACD does not respond to the c a l l within five

minutes, call the ACD a second time and attempt to call
the ACD at home.

5) If no contact is made with the ACD after the second

attempt to call to the ACDs home, contact the Chief
Deputy.

6) The following information is a guide to assist in determining what

constitutes an emergency complaint or call.

a. Animal Bites
 1) All animal bites are emergency calls. Contact the on-call
ACD.

b. Injured Animals

1) All injured animals are emergencies.

2) When there is someone standing by or there is a way to

verify the animal is still at that location and is alive,
contact the on-call ACD. There must be someone standing
by at scene before the on-call ACD will respond. The
reason for this is that there have been many calls of
animals hit by vehicles and when the ACD arrives, the
animal cannot be located. Sometimes the animal runs off,
or sometimes the ACD can’t find the animal because of
darkness and/or a vague location.

3) When a patrol deputy or a trooper is responding to a deer

hit by a car, verify they still need assistance from an ACD
before the on-call ACD is contacted. There have been
several times an ACD has responded to this type of
call and the trooper had already handled the situation by
the time an ACD arrived.

4) If an animal owner calls because his or her animal is

injured, it is their responsibility to take the animal to the
vet, unless the owner provides information on extenuating
circumstances that would justify the on- call ACD
responding. The animal emergency clinic in Richmond is
open after regular hours.

5) Assistance Calls

1) Anytime law enforcement or fire/rescue personnel request

assistance from the Animal Control Division, it is an
emergency. Contact the on-call ACD.

2) These situations include, but are not limited to: auto

accidents, DUI, situations where rescue personnel are
unable to get to victims, and arrests, where animals are
involved.

3) Emergency Response Team requests assistance from the

Animal Control Division.

4) Animal Theft

1) Typically, reported animal theft is not usually an

emergency. The majority of these types of calls turn out
to be animals that are either lost or have been picked up
for running at large. If the complainant provides
information that indicates an animal may have been stolen
 and is not simply missing, the on-call ACD should be
paged. If there are extenuating circumstances such as the
caller is witnessing an animal being stolen while they are
talking with the ECC, a deputy should be dispatched to the
call.

2) Lost Dogs

1) Lost dogs are not an emergency. The on-call ACD

should not be paged for lost dog complaints. The
complainant can provide the necessary information to the
ECC and an ACD will handle it the next day.

2) Dead Animals

1) The Animal Control Division will not pick up dead animals

while on-call unless the animal has had contact with a
human or is on County property.

2) When an animal is on the road or easement it is the

responsibility of the highway department to pick up.

3) Barking Dogs

1) Barking dogs are not an emergency. Do not contact the

on-call ACD for a barking dog. A deputy will be dispatched
when an ACD is not on duty. If the deputy makes contact
with the owner of the dogs, no further action is required. If
the problem is on-going, in addition to the deputy
responding, the complainant can provide the necessary
information to the ECC and an ACD will handle it the next
day.

2) Livestock in Highway

1) Livestock in the highway is an emergency. In most

instances the Deputy on duty will respond.

2) When an owner can be located and can get the cattle out of the
roadway and returned to their proper area, there is no need to
contact the on-call ACD.

3) If an owner cannot get the cattle out of the roadway, contact the
on-call ACD. A deputy may also be needed also to assist with
traffic control.

4) Vicious Dogs

1) If the complainant insists a dog is vicious and will not leave

 the area, contact the on-call ACD. The on-call ACD will
typically want to speak with the complainant before
responding.

2) Cruelty to Animals

1) Typically, these calls can be handled the next day

during regular on-duty hours.

2) The complainant can provide the necessary information to

the ECC and an ACD will handle it the next day.

3) These calls are only considered emergencies when an

animal needs immediate medical attention; when these
types of cases occur, contact the on-call ACD.

4) Killing of Livestock/ Poultry by Dogs

1) When a complaint is received of dogs attacking livestock

the ACD will be notified and a deputy dispatched.

2) The ACD will take the following action:

3) Verify that livestock has been killed or attacked by

dogs.

4) Attempt to locate dogs and capture.

5) An incident report will be completed detailing the facts of

the preliminary investigation.

6) Photographs should be taken of the scene, dogs, livestock

and damage.

7) All evidence will be entered per Sheriff’s Office general

Order.

8) The ACD will be responsible for the follow up investigation

of the case.

9) It is the responsibility of the owner to dispose of the dead

animal.

10)These complaints are emergency calls. Contact the on-

call ACD.

11) Dog Shootings

1) These complaints are emergency calls. Contact the on-call

ACD.

Note: There may be other calls received that are not listed. If the information provided
indicates there may be an emergency situation that cannot wait until the next day,
page the on-call ACD and they will determine whether they will respond.
 SERIES #246
POLICY & PROCEDURE PAGE 1 OF 11
SUBJECT EFFECTIVE DATE
OPERATION OF ANIMAL CONTROL 7/1/2018
VEHICLES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE: This general order is for internal use only, and does not enlarge a deputy's civil or criminal
liability in any way. It should not be construed as the creation of a higher standard of safety or care
in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can
only form the basis of a complaint by the Sheriff's Office, and then only in a non-judicial
administrative setting.

a. POLICY

All Sheriff’s Office Animal Control Deputies who operate Sheriff’s Office vehicles shall
exercise due regard for the safety of all persons. No task, call, or incident justifies
disregard of public safety. Further, the public expects its’ Sheriff’s Office members to
demonstrate exemplary driving behavior. All office members who operate Sheriff’s
Office vehicles will comply with safe driving procedures outlined herein. Emergency
warning devices shall be minimally used consistent with both legal requirements and
the safety of the public and Sheriff’s Office members.

b. PURPOSE

The purpose of this general order is to establish standards, requirements, and guidelines
for the methods of capture, transportation, confinement of animals and the procedures
governing the general and emergency operation of Animal Control vehicles.

c. PROCEDURES

A. Definitions

d. Normal or routine driving: Driving which dictates

vehicle speed consistent with the normal flow of
traffic, obedience to vehicle laws and posted signs,
adherence to commonly understood “rules of the
road” and courtesy.
e. Emergency driving: Driving in response to a life
threatening or other serious incident (based on
available information), which requires emergency
equipment in operation. [Code of Virginia §46.2-920]
 f. Emergency equipment: Flickering, blinking, or
alternating emergency lights and a siren, whistle or air
horn designed to give intermittent signals
automatically.

A. Procedures for All Responses

1. General

g. All Sheriff’s Office Animal Control vehicles will be

driven safely and properly in full compliance with all
traffic laws and regulations. Vehicles are
conspicuous symbols of authority on the streets and
many observe the actions of drivers. Each driver must
set an example of good driving behavior and habits.

h. Under certain emergencies as defined below, the

Motor Vehicle Code of Virginia authorizes disregard
of certain traffic regulations; however, both the
vehicle operator and the Sheriff’s Office are not
released from civil liability for failure to use reasonable
care in such operation. Improper driving can cost each
driver, personally, civil damages; inflict harm or injury
to the driver, other law enforcement members, or
other citizens; cause property damage; and damage
the image of the Sheriff’s Office, law enforcement,
and animal control in general.

A. Routine Operation

1. All operators shall receive training and demonstrate proficiency with

the Animal Control Vehicle.

b. In case of accident or damage to any Sheriff’s Office

vehicle, the driver will immediately advise the Chief
Deputy. The Sheriff, or designee, will review any and
all memorandum or reports of the specific incident
and take appropriate action, to include coordination
with the Commonwealth Attorney, if necessary.

c. Vehicles used in routine or general Animal

Control patrol service will be those that are
conspicuously marked. Conspicuous markings
increase safety, serve as a warning to potential
violators, and provide citizens with a feeling of
security.
d. Standard lighting equipment on marked vehicles
includes emergency warning lights, hazardous
warning lights, and may include spotlights and alley
(side) lights on the rooftop light bar. Hazardous
warning lights should be used at any time a vehicle
is parked where other moving vehicles may be
endangered. Alley lights and spotlights may be used
when the vehicle is stationary or moving at speeds
not to exceed 15 miles per hour and shall not be
used in a manner, which will blind or interfere with the
vision of operators of other vehicles (Code of Virginia,
§46.2-1029).

e. All vehicles intended for Animal Control functions will

have mobile radios which will be in operation
while the vehicle is in use.

f. All vehicles, which have a public address system,

may be used to broadcast emergency messages or
to hear radio transmissions while out of the car for an
extended period. Care must be taken to ensure the
appropriate volume level is maintained and do not
constitute a nuisance.

g. ACD’s shall use extra care when using a cellular

(mobile) telephone while operating a Sheriff's Office
vehicle to ensure full attention is given to the
operation of the vehicle. If possible, all efforts will be
made to stop the vehicle in a safe location while
engaged in conversation.

h. All ACD’S shall wear seatbelts and shoulder straps,

as will all occupants during vehicle operation. The
only exception is:

a. At approach to any scene of an incident, service call,

security check area or where an Animal Control Deputy
(ACD) believes a rapid departure from the vehicle may
be required, the ACD may release the seatbelt.
Seatbelts will, however, be worn any time the vehicle
is being operated under emergency conditions.

b. Vehicles will be secured at all times when

unattended.

c. All ACD’s should back vehicles into parking spaces.

If, for some reason, it is not practical to back into a
parking space, members should park in a location and
manner to allow the safest exit from the parked
position.
d. When a vehicle is parked on a hill or grade; or, any
time a vehicle that is towing a trailer of any type is
parked; the vehicle must be left in park with the
emergency brake set.

e. Care and Maintenance

a. The appearance of Sheriff’s Office Animal Control vehicles

should represent the high standards and
professionalism this Office strives to maintain.
Therefore, Sheriff’s Office Animal Control vehicles will
be kept clean and maintained by the assigned ACD.

b. Those A C D ’ s who are assigned vehicles will be

responsible for the maintenance and upkeep of that
vehicle along with the equipment contained therein. All
preventive maintenance will be completed in a timely
manner consistent with instructions found within the
vehicle owner’s manual and those as set forth by the
Sheriff’s Office. Vehicles under manufacturer’s
warranty will be repaired at a dealership authorized by
the manufacturer.

c. ACD’s are responsible daily to check the cleanliness,

general operability of equipment, and fluid levels (oil,
brake fluid, and gas) of their assigned vehicles.

d. A C D ’ s shall examine their vehicles at the

beginning and end of their shifts for damage. The
ACD shall report any damage immediately to their
supervisor.

e. A C D ’ s shall examine their vehicles at the

beginning and end of their shifts to search for
evidence, contraband, or property discarded by
passengers, ride along or others.

f. ACD’s who discover any Sheriff's Office vehicle in

need of extensive repairs shall inform their immediate
supervisor as soon as practical.

g. If, in the opinion of the Sheriff, or designee, vehicle

damage resulted from abuse or neglect caused by a
deputy, disciplinary action may result.

h. No ACD shall modify, remove, deactivate, or

otherwise tamper with any Sheriff's Office vehicle
safety belt, emission control device, or any part of the
vehicle, which affects its operation.

i. No ACD shall modify, remove, deactivate, or

otherwise tamper with any Sheriff's Office vehicle or
equipment installed in any vehicle.
 j. During periods of inclement weather when Sheriff’s
Office vehicles cannot be washed regularly, the ACD
must assure that headlight and taillight lenses are kept
clean, insofar as circumstances permit.

k. Vehicles will be inspected every six months by the Chief

Deputy for cleanliness, required equipment and functionality.

l. Take Home Vehicle Program

Program Administration, General Provisions

1) All general orders, policies, procedures and orders of

the King William County Sheriff’s Office that govern
vehicle use shall, unless specifically stated otherwise,
apply to members any time they operate an Animal
Control Vehicle.

m. ACD’s who have an Animal Control vehicle assigned

to them are authorized to take their vehicle home.

b. Vehicle use is authorized as follows:

n. Transportation to and from the Office (duty,

meetings, administrative work, training, etc.)

o. Court

p. Vehicle maintenance and cleaning

c. Members who are receiving Worker’s

Compensation benefits or who are performing
authorized modified (light) duty functions may have to
relinquish the use of their vehicle until they return to a
normal duty status.

d. As representatives of the King William County

Sheriff’s Office, off-duty ACD’s utilizing their vehicles
must be in a position to function effectively.
Accordingly, each ACD shall:

a) Be appropriately attired to conduct animal control

business should the occasion arise.

b. Be armed with his/her service weapon or approved

off-duty weapon (if not in uniform) and carry his/her
handcuffs, badge and I.D. card.

c. Have the assigned radio in his/her possession and

monitor the appropriate frequency.
e. Whenever an off-duty ACD is in his/her vehicle and
becomes aware of a call for service to which his/her
immediate response may result in the prevention of a
crime or the apprehension of a perpetrator, that ACD
shall, after advising the Emergency
C ommunications Center (ECC) of his/her proximity to
the incident, wait to be assigned as a back-up unit by
the ECC or on duty supervisor before responding and
should use extreme caution responding to the call.

a) All response codes shall be followed as if the

ACO was on duty.

f. Off-duty ACD’s in their vehicle encountering a traffic

crash shall notify ECC and render whatever
assistance is required to stabilize the scene until such
time as an on duty unit arrives.
b. Compensation

a. Off-duty ACD’s injured while utilizing their Animal

Control vehicle shall report all such injuries as they
were on duty to ensure Worker’s Compensation
benefits can be initiated.

b. Off-duty ACD’s who become involved in an Animal

Control action shall receive compensation at their
standard rates.

c. Time will be recorded as regular hours worked, unless

the activity was initiated by a "call out".

d. ACD’s who earn overtime compensation shall

complete a "Request for Overtime" sheet.

e. Prohibited Practices

a. Sheriff’s Office vehicles shall not be utilized at any

time for the purchase or transportation of alcohol or
alcoholic beverages or after the operator has
consumed alcoholic beverages.

b. Driving rules:

a. Circumstances permitting, the driver must check the

safety features of the vehicle before commencing
operation. The check should include (but not be
limited to) all lights, brakes, siren, horn, and steering.

b. No ACD shall operate any vehicle he/she believes

to be unsafe.

c. The driver shall exercise careful observation of

surrounding conditions before turning or backing any
vehicle.

d. No Sheriff's Office Animal Control vehicle shall be left

unattended or unsecured with its engine in operation.

e. The driver must recognize the variable factors of

weather, road conditions, road contour, and traffic
congestion, all of which directly affect the safe
operation of any motor vehicle, and shall govern the
operation of the vehicle in accordance with these
factors.
f. The nature of certain crimes in progress may call for
the use of the siren to be discontinued upon close
approach to the location of the occurrence; and,
although this general order authorizes and permits
such action, vehicle operation under these conditions
require extreme caution.

g. Upon approaching a controlled intersection or other,

where there is a great possibility of collision, the driver
who is responding under emergency conditions shall
reduce the speed of their vehicle and control it to
avoid collision with another vehicle or pedestrian,
stopping completely, if necessary, before entering and
traversing the intersection. When faced with a red
traffic signal, the member shall slow or stop his or her
vehicle and assure by careful observation that the way
is clear before proceeding through the intersection.

h. Regardless of the seriousness of the situation to

which the member is responding, and except for
circumstances that are clearly beyond his or her
control, the operator of a vehicle shall be held
accountable for the manner in which he/she
operates his/her vehicle.

i. The driver should lower one front door window far

enough to hear other sirens and traffic warning
signals.

j. At the scene of a crime, a motor vehicle crash,

or other incident, the vehicle shall be parked in such a
manner as to not create an obstacle or hazard to
other traffic. The emergency lights and four-way
flashing lights should always be used to warn other
drivers approaching the location.

k. Operators of vehicles must bear in mind that

traffic regulations requiring other vehicles yield the
right-of-way to an emergency vehicle do not relieve
the emergency vehicle operator from the duty to drive
with due regard for the safety of all persons using the
highways, nor shall they protect the driver from the
consequences of an arbitrary exercise of such right-
of-way (Code of Virginia §46.2-829).
l. Vehicle Accidents

a. Whenever a Sheriff’s Office vehicle is involved in an

accident, whether on private property or on the public
street, the operator will immediately notify the ECC,
giving the location and whether there is property
damage or personal injury.

b. ECC will notify the appropriate emergency

response agency(s) as necessary.
A. Procedures for Emergency Driving

1. General

a. While operating Sheriff's Office vehicles in emergency

situations, ACD’s may disregard certain traffic
regulations authorized by Virginia Motor Vehicle Code
46.2-920. The safety of the public and other law
enforcement officers must be the primary concern in
emergency responses, remembering that careless or
reckless operation of the Sheriff's Office vehicle may
jeopardize citizen and deputy safety and will
undoubtedly elicit a negative citizen response.

b. The final sentence in Code of Virginia §46.2-920

reminds the ACD, “Nothing in this section shall
release the operator of any such vehicle from civil
liability for failure to use reasonable care in such
operation”. Recognizing that protection of human life is
paramount, the responding ACD must remember that
his/her objective is to get to the location of the
occurrence as soon as possible, safely, without
danger to himself/herself or others.

c. No fixed rule can apply to every circumstance that

may arise governing emergency driving. Although an
ACD may receive information that leads him/her to
respond to a call with emergency lights and siren
activated, in the majority of such cases an ACD
discovers, upon arrival, that an emergency response
was not justified.

d. Precautions

a. The operator of an emergency vehicle shall at all

times drive defensively and with due consideration for
the safety of persons and property.

b. Only Sheriff's Office Animal Control vehicles equipped

with a siren and one or more blue lights will be
operated as an emergency unit.

c. Siren and blu e lights must be operating when

responding as an emergency unit. If the siren is
turned off, the vehicle no longer qualifies as an
emergency response vehicle and must be driven in
compliance with all traffic laws.
 d. ACD’s must give careful consideration to certain factors
when determining a response speed, i.e. weather
conditions, road conditions, traffic density,
pedestrian traffic, etc. Vehicle control is the key to
speed. An Animal Control vehicle out of control due
to speed won't get the task accomplished.

e. ACD’s must exercise extreme caution in the area of

schools in session, intersections, and such other
locations where potential dangers may arise to the
public or to the member of the Sheriff's Office.

f. ACDs may proceed past a red traffic light, stop sign,

or other intersecting control device ONLY if the speed
and movement of the vehicle is reduced and
controlled so that the safety of persons and property
are assured. (See Virginia Motor Vehicle Code Section
46.2-920).

g. ACDs must use caution before entering any

intersection, even those that display a green or caution
light, yield sign, etc.

h. Emergency Communication Center assignments:

a. ECC members will assign the proper Code

classification to those calls for an ACD that indicate
an animal related felony in progress, where
someone is armed, and all other requests alleging
an implied or immediate threat to the safety of a
person(s).

b. Examples (not all inclusive) of Code calls are:

1) Deputy needs urgent help

b. A person is being seriously injured by an animal

c. ACD’s may respond to assist deputies on certain

types of calls when they are close to the incident
location, where there may be an immediate threat to
the deputy or a citizen, and when the ACD has
completed the Law Enforcement Basic academy and
has received training in the area related to the call
type. ACD’s should ask, and be approved by, the
ECC or on duty supervisor to be assigned as a back-
up unit before responding. ACD’s should use extreme
caution when approved to respond as back- up.
Examples include:

a) Robbery in progress.
 b) Person with deadly weapon.

c. Serious injury accident.

d. Or injuries, or damages occurring.

e. Upon receipt of a request for law enforcement

service that necessitates the dispatch of an ACD, the
ECC member who receives the request shall
determine sufficient facts to set the priority of the
response.

1) The dispatcher shall obtain information about:

a) Whether the suspect is still on the scene

b. Whether the suspect is armed

c. Condition of the victim

d. Direction and method of travel of any fleeing

suspects

e. Description of any fleeing vehicles

f. Whether there is a hostage situation

1) When sufficient information concerning a request for

service has been obtained, the ECC member shall
classify the complaint. Any doubt as to the character of
the request shall be resolved in the presumption that an
emergency exists.

g. ACD initiated response:

a. When, in the opinion of the ACD, an emergency is imminent

or exists, or that activation of emergency warning devices is
necessary to protect life or render the necessary law
enforcement service, the Sheriff’s Office authorizes ACD’s to
use an emergency response.

b. Examples (not all inclusive) include:

1) At the scene of any incident where the use of emergency

lights constitutes a necessary warning for the safety of
life (such as scenes of fires, accidents or disasters)

b. As a visual signal to attract the attention of

motorists stopped for traffic violations, or to warn
motorists of imminent dangers
 c. When responding to a non-emergency call,
where, the ACD has previous or additional
information which, had it been known, would have
resulted in the call being dispatched as an emergency
call

d. In response to a deputy emergency request for

assistance

e. Where an imminent threat of loss of life exists,

or there is a great danger that serious injury may
result

f. ACD’s in training (FTO Program) shall not engage in

emergency vehicle response until they have
successfully completed a Department of Criminal
Justice Services approved Emergency Vehicle
Operations Course.

c. ACD’s response to call:

1) Upon arrival at the scene of a call, the responding

ACD should rapidly evaluate the situation and determine
whether other units responding can be slowed or
canceled.

b. ACD’s responding to robbery in progress calls,

before coming within hearing distance, shall
discontinue the use of the siren and fully comply with
all the traffic laws. Before coming within sight of the
location, ACD’s shall discontinue the use of the
emergency warning lights.

c. In situations requiring silent response, ACD’s

should respond as rapidly as possible, obeying all
traffic laws and signs.

d. Shift supervisors should ensure all non-essential

ACD’s at the scene of an emergency call are returned
to service as soon as possible.

A. Escorts

1 . Typically, vehicles assigned to the Animal Control Division will

not be used to assist with any type of escort detail.
B. Pursuits

1. Members of Animal Control, or any Sheriff’s Office members while

operating any Animal Control vehicle, are prohibited from initiating
or engaging in any type of vehicular pursuit at any time, under any
circumstances.
 POLICY & PROCEDURE SERIES # 247 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
PROJECT LIFESAVER 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE:
This rule or regulation is for internal use only, and
does not enlarge an officer's civil or criminal liability
in any way. It should not be construed as the creation
of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims.
Violations of this directive, if proven, can only form
the basis of a complaint by this Office, and then only in
a non-judicial administrative setting.

I. POLICY

Personnel assigned and trained in the use of the Care

Trak Mobile Locator will be responsible for responding
when activated to help search and locate clients of the
King William County Sheriff’s Office: Project Lifesaver
Program. In addition, they will perform routine
monthly
maintenance checks of transmitters that have been
issued to clients of the King William County Sheriff’s
Office: Project Lifesaver Program.

II. PURPOSE

The purpose of this general order is to establish

guidelines for SAR Personnel who are responsible for
placing citizens into the program, monitoring and
locating clients that wander from their homes. Project
Lifesaver will provide relief to the families and care
givers from the constant fear of not being able to
quickly locate their loved ones should they wander from
their homes. This will be done by distributing
electronic bracelets to a client with a history or
 potential of wandering. Each designated client will be
assigned a unique frequency, and may be tracked and
located by search and rescue personnel by the use of
receivers tuned to the appropriate frequency.
III. PROCEDURE

A. Electronic receivers and equipment bags will be

assigned to the on duty Team Leader and Assistant Team
Leader.

B. Each vehicle will also carry spare batteries and other

equipment deemed necessary, i.e. unit radios.

C. Once alerted to a missing King William County Sheriff’s

Office: Project Lifesaver Program client, the following
will be implemented:

1. The team leader or designee will verify all

response personnel have received the alert.

2. The primary and secondary response personnel will

respond immediately to the scene and establish an
electronic search.

a. The primary response unit will assume search

command until relieved by a qualified unit
Team Leader.

b. Off duty members will not respond unless

directed by the scene officer-in-charge (OIC).

D. The OIC will insure Police and Emergency Medical

support is notified, as necessary.

E. After no less than 20 minutes and no more than 30

minutes, the missing client’s frequency is not
detected, the OIC will request air support from the
Virginia State Police Helicopter.

1. At this point, the OIC will also request

additional unit personnel to assist in the search
via paging system.

2. The OIC will then give the Aerial support Unit the
 last known location where the Project Lifesaver
client was last seen.

3. One ground unit vehicle with support personnel

will trail the Aerial Unit maintaining
communications. The air search unit will direct
this unit when a signal is detected.

F. AT NO TIME will any unit tracking equipment be given to

any non-qualified unit member or other personnel for the
purpose of participating in the search.

G. Upon locating and recovery of the missing client, the

Officer-in-charge (OIC) member at the location scene will
determine if medical treatment and/or transport home is
appropriate and insure its completion.

H. The OIC will determine when the electronic search is to

be terminated.

I. An After-Action Report will be completed and filed by

the search OIC upon completion of the search.

IV. Monthly Maintenance Procedures of Equipment:

A. Team members will complete monthly maintenance checks

on all wrist transmitters of clients that belong to the
King William Sheriff’s Office: Project Lifesaver Program.

B. Batteries will be replaced in each wrist transmitter

ever 30 days from the date installed.

C. Client wristbands will also be replaced and adjusted

during monthly maintenance process.

D. Wrist transmitters will be checked with a Transmitter

Tester to insure that they are functioning properly.

E. Care Trak Receivers (CTR-1000) will be checked monthly

to insure they are functioning properly and that
batteries are charged.

F. All monthly maintenance of equipment will be logged in

the Lifesaver Maintenance Log.
V. Client Installment and Removal from the King William
Sheriff's Office: Project Lifesaver Program:

A. The Trained Personnel will meet with the family or

caregiver of a potential client and discuss the King
William Sheriff's Office: Project Lifesaver Program.

B. After the family or caregiver has signed the contract

which gives the King William Sheriff's Office: Project
Lifesaver Program permission to fit the new client with
a transmitter, Trained Personnel from the King William
Sheriff's Office: Project Lifesaver Program will fit the
new client with a wrist transmitter, and the family
member or caregiver will be given a Transmitter Tester.
The family member or caregiver will be instructed on
how to use the transmitter tester.

C. When a family member or caregiver requests to have the

person released from the program, a member from the
King William Sheriff's Office: Project Lifesaver Program
will remove the transmitter from the Client and
retrieve all equipment.

D. Family members or caregivers will be responsible for

the cost of equipment replacement from any damaged or
lost equipment belonging to the King William Sheriff's
Office: Project Lifesaver Program.

VI. Training for the King William Sheriff's Office: Project

Lifesaver Program

A. Initial training will be through Project Lifesaver

International and shall meet the requirements as set
forth by this organization.

B. Re-certification training may be in-house and shall

consist of at a minimum 2 hours of training which
shall meet the requirements as set forth by Project
Lifesaver International. This may include two actual
tracks or two simulated tracks, with successful
completions. The re-certification training shall be
completed annually.
C. Training records shall be maintained by the chief
deputy.
 POLICY & PROCEDURE SERIES # 248 PAGE 1 OF 8
SUBJECT EFFECTIVE DATE
ACCIDENT INVESTIGATION 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE:
This rule or regulation is for internal use only, and
does not enlarge an officer's civil or criminal liability
in any way. It should not be construed as the creation
of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims.
Violations of this directive, if proven, can only form
the basis of a complaint by this department, and then
only in a non-judicial administrative setting.
_________________________________________________________________
INDEX WORDS:
Accident
Traffic accident

I. POLICY:

An objective of the department is the reduction of

motor vehicle accidents. To accomplish this, the department
performs a variety of functions such as providing emergency
service to the injured, protecting the accident scene,
conducting accident investigations and follow-ups, preparing
reports and taking proper enforcement action. The purpose
of accident investigation is to determine the cause of an
automobile crash and use the information to develop
enforcement that will reduce accidents. Accident reports
are used by the Division of Motor Vehicles, the Department
of State Police and the Department of Highways at the state
level and by the county locally to study the frequency of
crashes at a given location and time, the causes, and the
road conditions that existed at the time. The reports are
also used to develop selective enforcement programs,
engineering studies, and to promote street and highway
safety.
II. PURPOSE:

The purpose of this policy is to establish guidelines

for the proper handling of traffic accidents and for the
collection and use of data that will reduce automobile
accidents resulting in property damage, injury or death.

III. PROCEDURES:- General

A. Accident report and investigation, general:

1. Virginia Code requirements concerning the

reporting of traffic accidents include:

a. The driver of any vehicle involved in an

accident resulting in death or injury shall
immediately notify law enforcement.

b. Deputies who investigate an accident for

which a report must be made, either at the
time of and at the scene of the accident, or
thereafter and elsewhere, by interviewing
participants or witnesses, shall within 24
hours after completing the investigation
forward a written report of the accident.

2. The terminology used in the above laws requires

"reports of accidents." For departmental
purposes, a report is made by a deputy who has
investigated an accident at the scene or
elsewhere, the length, duration and depth of
investigative effort proportionate to the
seriousness or harm done.

3. A deputy shall respond to and prepare a report of

accident involving any of the following:

a. death or injury;

b. property damage in excess of one thousand five

hundred dollars ($1,500.00);
 c. hit and run;

d. impairment due to alcohol and drugs;

e. hazardous materials;

f. any accident involving county property,

vehicles, equipment or facilities.

4. Deputies shall also be assigned to respond to any

accident involving disturbances between parties or
which create major traffic congestion as a result of
the accident or where vehicles are damaged to the
extent that towing is required. Patrol vehicles
may be assigned to any other accident, not listed
above, to assist persons involved with information
exchange. Time permitting, deputies may
investigate and report such accidents for
departmental use.

B. Accident scene responsibilities of the first deputy at

the scene include:

1. administering emergency medical care (basic life

support measures) pending arrival of rescue squad;

2. summoning additional help as required (deputies,

rescue, tow truck, etc .);

3. protecting the accident scene;

4. preserving short-lived evidence (broken parts,

skid marks, etc.);

5. establishing a safe traffic pattern around the

scene;

6. locating witnesses and recording key accident

information (license numbers, observation of
damage only accidents, where possible, getting
vehicles off roadway immediately to get traffic
moving);
 7. expediting removal from roadway of vehicles,
persons, and debris (in property-damage-only
accidents, when possible, get vehicles off roadway
immediately to get traffic moving).

C. The deputy assigned to an accident shall have the

responsibility and authority to request assistance from
any other deputies as needed. He or she becomes the
primary investigating deputy in charge at the scene,
unless the supervisor deems it more appropriate to assign
another deputy these responsibilities.

D. In case of extremely inclement weather where an

accident involves only property damage, the dispatcher
or deputy may, with the supervisor's approval (sergeant
or above):

1. obtain information over the phone to complete the

accident report (FR 300) and request that the
involved parties come to the department and file a
report in person within 48 hours of the incident.
The employee taking the telephone report shall
record the name, address, operator license number,
and telephone number of all involved drivers and
shall forward them to the Sheriff (or his designee)
who will confirm the filing of the required reports.

IV. PROCEDURES - Accident scene

A. Accident scene information collection:

1. At the scene of the accident, the investigating

deputy must gather information concerning the
accident for subsequent use in completing
necessary report forms. Information to be
collected at the scene may include, but is not
limited to:

a. interviewing principals and witnesses and

securing necessary identity/address
information;
 b. examining/recording vehicle damage;

c. examining/recording effects of the accident on

the roadway or off the roadway on other
property/structures, etc.;

d. taking measurements as appropriate;

e. taking photographs as appropriate;

f. collecting/processing evidence;

g. exchanging information among principals.

B. Accident investigation follow-up activities:

1. Follow-up activities which may be necessary

include:

a. collecting of scene data;

b. obtaining/recording formal statements from

witnesses;

c. reconstructing accidents;

d. submitting evidentiary materials for

laboratory examination;

e. preparing accident or offense reports to

support criminal charges arising from the
accident.

2. In a particularly serious accident involving

severe injuries, fatalities, multiple vehicles,
etc., it may be necessary to summon expert or
technical assistance from photographers,
surveyors, mechanics, physicians, accident crash
team specialists, or other specialists. Such
expert assistance shall be requested through the
Sheriff.

a. At the scene of the accident, the deputy may

 take immediate enforcement action and issue a
summons for violations which resulted in or
contributed to the accident.

b. If the deputy at the scene concludes the DUI

and the defendant is still there, the DUI
arrest shall be made before transport.

c. If the driver is transported to the hospital

before arrival of a deputy, and the deputy
later concludes DUI, an arrest warrant shall
be obtained.

d. In other traffic-related investigations, when

the deputy leaves the scene of the offense and
follows up and later identifies an offender or
offense, arrest warrants shall be obtained.

C. Accident scene procedures:

1. Upon the receipt of a report of a motor vehicle

accident that requires the services of a deputy
the deputy assigned shall proceed immediately.
The patrol vehicle shall not be parked at the
scene in a manner that will endanger other
pedestrians, motorists, or citizens. The deputy
shall consider using the patrol vehicle as a
shield to protect the scene as well as himself.
The deputy shall leave his vehicle emergency
lights on.

2. Deputies shall put on a reflector safety vest or

other reflective clothing item before leaving the
vehicle. Flares are available in each patrol
vehicle for use in creating an illuminated warning
pattern to alert other drivers.

3. In case of danger of fire from leaking or ruptured

gas tanks or where there is any major crash of two
or more vehicles with any sign of hazardous
materials having been transported, the fire
department shall be called out.
 4. All patrol vehicles are equipped with a copy of
the current emergency response guidebook which
permits both rapid identification of DOT vehicles,
and contains placards for hazardous materials
giving information concerning the nature of the
hazard, emergency procedures, and evacuation
disasters. Any deputy arriving at the scene of
such an accident and seeing hazardous materials
placards shall immediately request the fire
department. The fire chief will assume control of
any scene involving hazardous materials and all
deputies shall provide support as required. Any
investigation of the accident shall occur after
approval by the fire chief.

5. Any property belonging to accident victims shall

be protected from theft or pilferage and, if
owners are not present or unable to be secured in
the vehicle, it shall be brought to the Sheriff’s
Department, properly tagged, and held for the
victims.

6. Virginia Code requires any person clearing a

wrecked or damaged vehicle from a highway to
remove any glass or other injurious substance
dropped upon the highway. Where the quantity of
accident debris is too great for the wrecker
operator to do this, the county public works
services shall be requested. The fire department
shall assist in removing combustible substances.

D. Accident report (State Form FR 300):

1. The Motor Vehicle Laws of Virginia states "Every

law enforcement deputy who, in the course of duty,
investigates a motor vehicle accident, or in which
a report must be made either at the time of and at
the scene of the accident or thereafter and
elsewhere, by interviewing participants or
witnesses, within 24 hours after completing the
investigation, forward a written report of the
accident to the Division of Motor Vehicles."
 2. An accident report shall be filed on all accidents
that occur on public property within the county.
Public property is defined, for the purpose of
accident reports, as any highway, roadway, street
or public parking lot maintained by the state, or
county.

3. In the event of an accident that occurs on private

property, an accident report shall be filed if it
meets any of the normal reporting criteria (death,
personal injury, non-vehicle property damage in
excess of $1,500.00, or involves government-
operated vehicles). The reports filed on any other
type of an accident on private property shall be
for departmental use only and not forwarded to the
Division of Motor Vehicles.

4. Coding of the Virginia Police Accident Report is

standardized as well as mandated by the Virginia
Division of Motor Vehicles.

E. Disabled vehicles:

1. Deputies shall direct motorists who are low on gas

to the nearest station. If completely out of gas
the deputy may give the motorist a courtesy ride
to procure gas
2. Vehicles needing to be towed will be towed by the
service the owner request and if no service is
preferred then the next available service on the
departments authorized list shall be contacted.
 POLICY & PROCEDURE SERIES # 249 PAGE 1 OF 13
SUBJECT EFFECTIVE DATE
4/1/2020
BODY WORN CAMERAS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE: This general order is for internal use only and does not enlarge a deputy's civil
or criminal liability in any way. It should not be construed as the creation of a
higher standard of safety or care in an evidentiary sense, with respect to third
party claims. Violations of this directive, if proven, can only form the basis of a
complaint by the Sheriff's Office, and then only in a non-judicial administrative
setting.

I. POLICY:

The use of body worn cameras are a valuable tool for promoting transparency in law
enforcement by accurately recording contacts and interactions between members of the
public and deputies, documenting evidence, deputy training, preventing and resolving
complaints of deputy misconduct brought by members of the public, defending against
civil litigation and strengthening the sheriff’s office performance and accountability. The
King William County Sheriff’s Office employs body cameras for the benefit of law
enforcement and the community we serve, including simultaneously and objectively
documenting information about the details of contacts and interactions between
members of the public and deputies, increasing, professionalism, helping the sheriff’s
office evaluate and improve deputy performance, allow the sheriff’s office to identify,
correct larger structural problems within the sheriff’s office and demonstrate that all
deputies are engaged in constitutional law enforcement on a consistent basis.

II. PURPOSE:

To enhance the services provided to the community, the King William County Sheriff’s
Office authorizes the use of body worn camera technology as an additional layer of
documentation of events, actions, conditions and statements made during critical
incidents to assure the public that the sheriff’s office is earnest about transparency and
deputy accountability and facilitate the strengthening of trust and the sheriff’s office
authenticity within the community and to improve deputy’s reports, collection of
evidence and testimony in court. The use of body worn camera technology is meant to
assist and compliment deputies in the performance of their duties and is not meant to
replace or relieve the deputy of submitting all required written reports.
III. LEGAL AUTHORIZATION TO RECORD:

A. In conformity with Virginia Code 19.2-61, Definitions and Virginia Code 19.2-62,
Interception of Wire, Electronic or Oral Communications, an individual that is a
party to a conversation may record that conversation. Additionally, the Supreme
Court ruled in Pennsylvania vs. Muniz, that a deputy has the right to observe
what the deputy can see if the deputy has a legal right to be present. It follows
that if a deputy may observe, a deputy also has a right to photograph or
videotape. The recording of an interaction between a member of the public and
a deputy, whether recorded by the deputy or the member of the public is
protected and allowed by virtue of "one party consent."

IV. OBJECTIVES:

A. To augment the wellbeing of deputies and the public.

B. To accurately document statements and events during the course of an incident

and elevate the behavior on both sides of the body worn camera.

C. To enhance a deputy’s ability to document and review statements and actions

for both internal reporting requirements and for courtroom preparation and
testimony.

D. To preserve visual and audio information for the use in current and future
investigations.

E. To provide an impartial measurement for self-critique and field evaluation during

deputy field training, coaching, counseling sessions, and the opportunity to
raise standards of performance when it relates to tactics, communication, and
community service.

F. To enhance the public trust by building positive relationships with the community
and the professionalism of deputies by preserving and making available factual
and accurate representations of deputy-citizen interactions in the form of audio
and video recordings.

G. To assure the public that the King William Sheriff’s Office is earnest about
transparency and deputy accountability and facilitate the strengthening of trust
and the sheriff’s office authenticity within the community.

H. To increase the perceived legitimacy and sense of procedural justice that the
community has about the King William County Sheriff’s Office.
V. EQUIPMENT:

A. The approved Body Worn Camera, hereafter referred to as “BWC”, shall be the
WATCHGUARD V300.

1. The BWC has 1080p HD resolution, 130-degree wide-angle field of

view, with an extended capacity battery providing twelve hours of
continuous HD recording.

2.The approved BWC mounting hardware is the auto-aligning

magnetic undershirt base front assembly with locking pins for
uniformed agency members and approved mounts for outer carrier
style vest.
VI. PROCEDURES:

A. Mandated Training:

1. All patrol deputies are required to wear the BWC during their
assigned shift.

2. Prior to a deputy being issued equipped and utilizing a BWC, the

deputy shall be required to attend a sheriff’s office in-house training
program addressing the following points at a minimum:

a. All practices and protocols contained within this policy, which

will be distributed to all deputies during the training.

b. An overview of relevant Virginia laws governing consent,

evidence, privacy and disclosure to the public.

c. Enumerate the procedures for operating the BWC’s safely

and efficiently.

d. Enumerate the procedures for tagging recorded data.

e. Enumerate the procedures for uploading, accessing and

reviewing data.

f. Enumerate the procedures for documenting and reporting a

malfunctioning device or a supporting system.

3. An annual refresher class will be required to address the following:

a. Usage and protocols

b. Technology updates on equipment

 c. Liability and legal issues

d. Community feedback

e. Audit review discoveries

f. Policy changes pertaining to BWC use

B. BWC Body Location:

1. To produce an effective recording, the tested and approved location

for the BWC, is the top of the BWC shall be placed in the center of
the chest area in line with the shirt pocket flap.

a. The BWC undershirt magnetic base can be affixed to the

Velcro portion of the deputy’s body armor with Velcro straps
for BWC stability.

b. The deputy will adjust the BWC lens for optimal aiming.

c. The same location will be utilized for the winter jacket.

2. The BWC shall be affixed to the Class A uniform shirt or winter

jacket utilizing the issued chest mount magnetic undershirt base
and the front assembly with locking pins.

C. Deputy BWC Maintenance and Care:

1. It is the exclusive responsibility of the deputy to ensure that their

BWC is fully charged prior to the start of their shift, its function
ability, and adequate event storage is available. The deputy will be
required to activate the record button to confirm the above is
functional and will tag the event as TEST.

2. In the event the BWC has been lost, stolen, damaged or sustains a
malfunction, the deputy will immediately contact their immediate
supervisor, who in turn will contact the Sheriff or his designee to
resolve the issue.

3. To prevent damage when the cleaning of the BWC lens is

necessary, only an approved lens cleaning fluid and cleaning tissue
will be applied.

D. Operational Procedures for BWC use:

1. Whenever practical deputies shall inform members of the public

that they are being recorded as close to the inception of the
encounter as is reasonably possible, unless an immediate threat to
the enforcement member’s life or safety makes notification
impossible or dangerous.
 2. Deputies shall cease recording an event, situation or circumstance
at the request of a member of the public in the following
circumstances:

a. During consensual encounters in locations where members

of the public have a reasonable expectation of privacy, such
as a residence or hospital room, a deputy shall offer the
member of the public the option to have the BWC
discontinue its recording. If the member of the public
requests the recording be discontinued the deputy shall
immediately discontinue use of the BWC unless the
recording is being made pursuant to an investigation, arrest,
or search of a residence or individuals within the residence.

b. When interacting with a person seeking to anonymously

report a crime or assist in ongoing law enforcement
investigation, a deputy shall, as soon as feasible, ask the
person seeking to remain anonymous, if they would like to
remain anonymous and would like the deputy to discontinue
use of the BWC. If the person seeking to remain anonymous
responds affirmatively, the deputy shall immediately
discontinue use of the BWC.

c. All offers by deputies to discontinue the use of the BWC, and

the responses thereto shall be recorded by the BWC prior to
discontinuing the use of the BWC.

3. Deputies while on duty or assigned to a sheriff’s office sanctioned

off duty assignment where law enforcement powers may be
anticipated, shall wear the BWC. The use of a privately owned body
worn camera, under any circumstances is not permitted and
therefore is PROHIBITED.

4. During the hours of darkness and/or prior to entering an unlit

structure, a deputy may activate and sustain the covert mode of the
BWC.

5. To thwart allegations of discretionary recording or tampering,

unless otherwise documented within this general order, the deputy
will continue to record the event uninterrupted until the event is
concluded or the deputy has departed the scene.

a. If a deputy activates his or her BWC during an event, the

deputy shall document within the narrative portion of the
offense report of its existence.

b. If it is a non-reportable event, it will be noted within the CFS

report of its existence.

E. Required Activation of the BWC:

1. Although deputies are not required to record all encounters with
citizens, deputies are required to record all law enforcement related
encounters and activities. This policy does not have the intent to
describe every possible circumstance; however, the following
examples of incidents shall be recorded.

a. All calls for service where citizen contact is made.

b. All traffic stops.

c. All vehicle pursuits

d. All citizen, victim, witness transports

e. All investigatory stops

f. All foot pursuits

g. Any and all arrests

h. Any and all searches

i. Evidence seizure

j. Miranda warnings and the response from the in custody

individual

k. Any and all statements uttered by citizens, victims,

witnesses and suspects

l. K-9 searches of vehicles

m. Search warrants

n. Any incident that the deputy believes should be recorded for

the official purposes of law enforcement.

o. During the course of any encounter with the public that

becomes adversarial after initial contact

NOTE: IF IN DOUBT RECORD IT

A. Prohibited Recording:

1. BWC’s will not be utilized to record the following situations:

a. Surreptitiously record communications with any King William

County Sheriff’s Office employees.

b. When deputies and other Sheriff’s Office employees are on

break or are otherwise engaged in personal or non-work
related activities.

c. Encounters with undercover law enforcement or informants.

d. In any location where individuals have a reasonable

expectation of privacy, such as a restroom, or locker room.

e. In any location where deputies and other King William

County Sheriff’s Office employees have a reasonable
expectation of privacy, such as a restroom, locker room, or
station house office, hallway or break room.

f. Conversations with other sheriff’s office personnel that

involve case tactics or strategy.

g. The purposeful and intentional activation of BWC’s during

personal conversations between supervisors and deputies
involving counseling, guidance sessions, or personnel
evaluations.

h. In any public, private or parochial elementary or secondary

school, except when responding to an imminent threat to life
or health or when taking law enforcement action.

i. Courts, to include appearing before a Magistrate

j. Correctional Facilities.

B. Event Category Tagging:

1. The event tag function is used to classify a recorded event and is

used to control how Evidence Library Software applies preset
retention policies to recorded events. Some events are
automatically archived or purged at the end of their configured
retention period. It is compulsory that deputies correctly tag their
events to prevent being archived or improperly purged.

2. The following is a list of category event tags, which may be used

alone or in combination as events warrant:

a. Test

b. Domestic
 c. Arrest

d. Use of Force

e. Vehicle Pursuit

f. DUI/DUID

g. Traffic Accident

h. Traffic Stop/Summons/Warning

i. Civil Issues

j. Evidentiary

k. Non Evidentiary

l. ECO and TDO

C. Uploading, Viewing, Duplication and Ownership of BWC Data:

1. Prior to the conclusion of a deputies shift assignment, he or she will

place their BWC into a docking base to upload the BWC data.

a. In the event due to time constraints at the completion of the

deputies assigned shift or location within the county, the
deputy will be permitted to upload the BWC at the beginning
of his or hers next assigned shift as long as that shift is
within (12) hours.

2. Regardless if the BWC is in the on or off mode, the data is

automatically transferred to the Evidence Library.

3. Due to the technological advancements and data encryption of the

BWC, the deputy is unable to edit copy or otherwise tamper with
the data from the BWC.

4. Deputies will be assigned a unique user name and password to

access the Evidence Library to view only their event recordings.

a. Deputies shall have unlimited access to their BWC data.

b. The deputy may request copies of the event to the Sheriff or

his designee.

c. Deputies should review the BWC media prior to completing

offense reports to ensure accuracy.
5. In the event a deputy is involved in any incident involving use of
force, the deputy will immediately relinquish the physical custody of
their BWC to a supervisor in order to maintain chain of custody, and
the supervisor will upload the BWC data.

a. The involved deputy will be not be permitted to view the

recorded event, prior to making a written statement or report,
which may or may not be utilized in an administrative review
or a criminal or civil proceeding.

b. Viewing a video prior to preparing and providing a written

statement influences a deputy’s representation of his or her
perspective of the event at the time that he or she used
force. It is the deputy’s ability to articulate his or her
perception of the event, not match his or her perception to
that of the recorded event.

c. The deputy shall complete his or her use of force

documentation, then immediately sit down with the
supervisor, and view the video.

d. If there are any discrepancies between the deputy’s written

documentation and the event video, the supervisor will
provide an explanation within the supervisor’s investigatory
report.

e. Regarding deadly force incidents, after the deputy provides a

written statement of his or her perceived version of the
event, the video can be viewed during the deputy’s interview
with a supervisor and any discrepancies shall be addressed
at that time within the supervisor’s investigatory report.

6. Supervisory Review of Event Data:

a. Field Training officers will be permitted to view the recruits

BWC media to provide immediate training or remedial
training.

b. A supervisor is authorized to view a deputy’s BWC data in

relation to the following circumstances:

1) To investigate a complaint against a deputy or a specific

incident in which the deputy was involved.

2) To identify data for training purposes or for instructional

value.

3) When deputies are within a probationary review period or

while the deputy is active in a field-training program.
 4) When a pattern of verbal or physical abuse is alleged or
determined in an early intervention.

5) The Sheriff or his designee will conduct a monthly

random review of BWC data to ensure compliance with
this general order and an overall evaluation of a deputy’s
performance.

6) Any member of the public, parent, or legal guardian of a

minor, or a deceased subject’s next of kin or legally
authorized designee who is a subject of video footage,
has the right to review that footage pursuant to the
Government Data Collection and Dissemination Practices
Act, Virginia Code Section 2.2-3800 et seq and shall be
permitted to review that specific video footage at any time
during regular business hours.

7. All data, images, video, audio, and metadata, (“BWC data”)

captured, recorded, or otherwise produced by the BWC is the sole
property of the King William County Sheriff’s Office.

a. Deputies are not authorized and will not make copies of any
recordings for their personal use, distribution to unauthorized
persons, or posting on social media sites and are prohibited
from using a recording device (such as a phone camera or
secondary video and audio camera) to record media from
the Evidence Library Software. Violations will be subject to
disciplinary recourse.

8. The Sheriff or his designee shall make DVD copies of BWC data as
requested in accordance with this general order.

a. Requests for BWC metadata from other law enforcement

agencies shall be made on that agencies official letterhead
and signed by the agency head.

b. Requests from the media, a non-law enforcement agency or

an individual will be subject to the FOIA laws. All such
requests will be in writing and from individuals entitled to
view such recordings in accordance with this policy and
applicable law. Records will be kept of all requests, all
duplicates made, and the distribution of such duplicates.
VII. The preservation, Management, and Information Technology, (IT) regarding
Stored Metadata.

A. Preservation:

1. All BWC data related to any criminal proceeding, civil complaint

filed and/or pending litigation or an employee complaint will be
preserved in accordance with the Library of Virginia, GS-17.

2. Evidentiary:

a. BWC data that captures any incident or encounter, a crime,

arrest, summons, use of force, or a confrontational
encounter with a citizen will be flagged and retained for a
minimum of five (5) years or the applicable statute of
limitations period if the video is relevant to a criminal
complaint, charge or investigation, whichever is greater to
allow the conclusion of an investigation, court proceedings,
or an administrative investigation for which they might be
used.

b. BWC shall also be flagged and retained for a minimum five

(5) years from the date of the recorded incident if requested
by:

1) An enforcement member, if the video footage is being

retained solely and exclusively for training purposes;

2) Any member of the public who is a subject of the

video footage.

3) Any parent or legal guardian of a minor who is the

subject of the video footage; or

4) A deceased subject person’s next of kin or legally

authorized designee.

c. If a deputy is involved in a shooting, in custody death or any

incident that results in a person’s bodily harm or death, the
BWC recording will be archived and maintained for
perpetuity.

d. Use of force BWC recordings where civil litigation is

anticipated, traffic accidents, etc., will be archived for a
period of five years, unless there is litigation, whereas the
event will be purged at the conclusion of the litigation and
the appeals process is concluded.
 3. Non-Evidentiary:

a. BWC data that captures innocuous events such as test,

assisting a motorist, clearing a roadway hazard, civil
process, etc. will be flagged for one hundred eighty (180)
days and will subsequently be purged on day 181.

b. If a deputy is involved in an incident where he or she

reasonably believes a citizen may allege a complaint against
him or her, the deputy will compose an inter-office
memorandum to their immediate supervisor providing a
synopsis of the circumstances and requesting additional time
to be added to the event to delay purging.
The memorandum will be forwarded through the chain of
command to the Sheriff or his designee.

B. Management:

1. The Operations Captain will maintain the BWC digital metadata

files that are archived within the secured encrypted Evidence
Library.

2. The Sheriff shall designate a supervisor of the BWC evidence

library who has full access to all use rights. The responsibilities of
the supervisor are as follows and at a minimum:

a. Assigning and tracking the inventory of equipment.

b. User and password issuance

c. User access rights

d. Quality control

e. Maintaining and conducting an audit trail

f. This supervisor serves as the sheriff’s office liaison to the

manufacturer in relation to equipment operation, equipment
that is non-operational and all related matters.
C. Information Technology, (IT):

1. Storage:

a. Data is uploaded to cloud based servers operated in the

United States using the provided Evidence Library software.

b. The BWC Evidence Library software access will be

permitted through Logon permissions solely based on
Security Groups.

c. All access will be controlled by the login policy.

2. Back-Up:

a. Data redundancy is achieved by maintaining three data

replicas in separate servers located in the data centers.

b. All data is backed up daily, the metadata is encrypted, and

limited access is provided based on the access control.

c. All data from this replication will be stored on secured

servers and will be removed based on the Watch Guard
Video software’s retention policies set by the agency.

3. Security:

a. All data is encrypted “point to point” and is compliant with the

FBI’s Criminal Justice Information Services (“CJIS”)
requirements for storage and encryption.

b. Sheriff’s Office internet access is further protected by Watch

Guard firewall and anti-virus software.
 POLICY & PROCEDURE SERIES # 301 PAGE 1 OF 10
SUBJECT EFFECTIVE DATE
CRIMINAL INVESTIGATIONS 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.02.01 d, e, f
OPR.02.02a-b
OPR.02.03a-e
OPR.02.04a-d
OPR.02.05
OPR.03.01a-c
OPR.03.02
OPR.03.03a-c
OPR.03.04
ADM.02.02a, b

I. POLICY:

All members of this department must clearly understand their responsibility for the
conduct of a police investigation to include organized crime, vice/narcotics activity,
and intelligence gathering in order to organize and present the facts of the
investigation for a successful prosecution. The single most important criterion
which determines a successful investigation is correctly obtaining and handling
information supplied by a victim or witness after the crime. The department expects
officers to treat investigations as a skill developed through training and experience,
a skill that demands intelligence, logic, and discipline.

II. PURPOSE:

The purpose of this policy is to establish areas of responsibility for conduct of all
criminal investigations to achieve a more effective utilization of manpower and
maintain a line of communication between all investigative components.

III. PROCEDURES - PRELIMINARY INVESTIGATIONS:

A. The preliminary investigation begins when the first police unit arrives at the
scene of a crime or information is taken over the phone concerning a crime.
Normally, this is a uniformed patrol officer. The preliminary investigation
continues until postponement pending the intervention of specialized
investigators, assuming that postponement will not jeopardize the successful
completion of the investigation.

B. A preliminary investigation by the officer consists of, but is not limited to, the
following responsibilities:

1. Providing aid to the injured.

POLICY & PROCEDURE SERIES #301 Page 2 of 11

2. Protecting the crime scene to ensure that evidence is not lost or

contaminated.

3. Determining if an offense has actually been committed and, if so, the

exact nature of the offense.

4. Determining the identity of the suspect or suspects and effect an

arrest if it can be accomplished either at the scene or through
immediate pursuit.

5. Furnishing other units with descriptions, method, and direction of

flight of suspects, and other relevant information concerning wanted
suspect(s) or vehicles.

6. Obtaining complete identification of all victims and witnesses to

include all phone numbers and employment information.

7. Documenting in detail the exact circumstances of the offense,

observing all conditions, events, and remarks.

8. Arranging for the collection of evidence through the use of

department personnel or through the assistance of outside agencies.

9. Legally obtaining written statements from victim(s), witness(s), and

suspect(s). (OPR.02.01d, e, f)

10. Deciding the necessity of some degree of follow-up surveillance of

the crime scene.

11. Accurately and completely recording all pertinent information on the

prescribed report forms.

The initial stages of all preliminary investigations, including crime scene

processing, shall be conducted by patrol officers unless it fits the criteria
covered in section IV A of this policy.

C. Follow-up:

In certain serious crimes as defined in Section IV an investigator shall be

called, shall respond, and shall assume responsibility for completion of the
preliminary investigation.

D. Supervisory responsibilities:

The supervisor on duty shall ensure that an adequate and complete

POLICY & PROCEDURE SERIES #301 Page 3 of 11

preliminary investigation has been made to review, screen, and approve the
officer's report. Screening shall include a review of facts to ensure that all
essential information indicating a criminal act is included, along with legibility,
clarity, and completeness. Supervisors shall review and approve crime
reports.

E. Crime scene control:

Officers shall limit access to crime scenes to those persons immediately and
directly connected with the investigation. Investigating officers shall apply
this rule to other officers of the department, other agencies, or the
community regardless of rank or position.

F. Suspension of cases:

A patrol officer making an initial report of a crime shall indicate in the report
whether or not the case should be suspended. The officer shall notify the
reporting party of his or her decision to suspend the case. The reviewing
supervisor shall endorse or deny this recommendation. This endorsement
to suspend a case may change at such time the circumstances of the case
change. Such a recommendation shall be based on the following:

1. Availability of witnesses;

2. Lack of suspect information; location, description, vehicle, identity;

3. Lack of information about traceable property;

4. Lack of information about significant modus operandi;

5. Lack of information about significant physical evidence;

6. Lack of usable physical evidence;

7. Lack of any other investigative leads.

IV. PROCEDURES - FOLLOW-UP INVESTIGATIONS:

A. Incidents, cases, investigations, or crime scene processing for which an

investigator will normally handle, be contacted on, or be called out to follow-
up shall include, but not limited to the following:

1. Homicides, suspicious deaths, and assaults resulting in death.

2. Rape.
POLICY & PROCEDURE SERIES #301 Page 4 of 11

3. Armed robberies.

4. Any major disasters where investigations can assist in the

identification of victims.

5. Hostage situations.

6. Kidnapping, extortion.

7. Bombings.

8. Sexual assaults involving juveniles.

9. Shootings or stabbings or any assault with a weapon.

10. Missing persons when foul play or violence is suspected.

11. Serial-type incidents.

12. Police involved shootings.

Officers conducting preliminary investigations of such offenses shall contact

an investigator as soon as practicable. Other cases may be assigned to an
investigator by the Sheriff or Captain depending upon the circumstances. In
case of any of the above referenced incidences, the Sheriff shall be notified
immediately.

B. An Investigator is placed on a call out status to allow for 24-hour coverage

as needed. The investigator must be accessible by phone at all times and
will respond, if needed, to the scene within one hour of receiving the
notification from Communications.
(OPR.02.05)

C. Other investigative activities for which an investigator may be utilized as

assigned by the Sheriff include, but are not limited to:

1. Vice, organized crime, and intelligence activities.

2. Conducting applicant background investigations.

3. Internal affairs investigations.

4. Assistance of patrol officers in the conduct of their investigations as

directed.

5. Providing investigative support for the Commonwealth’s Attorney as

POLICY & PROCEDURE SERIES #301 Page 5 of 11

requested.

6. Performing liaison with and providing assistance to other law

enforcement agencies or elements of the criminal justice system.

7. In such situations where a case number has not been assigned

through CAD, an investigator will obtain such and maintain the
necessary files and reports in a safe and secure manner. Prior to the
case being presented to the Commonwealth’s Attorney for
prosecution, the investigator will ensure all required documents are
filed to meet reporting mandates.

D. Occasionally, additional investigation will be required at the end of the tour of

duty of the assigned officer. In such cases, the assigned officer's supervisor
shall determine whether the investigation should be discontinued until the
assigned officer's next tour of duty or continued by the investigating officer,
or the officer on the relieving shift.

E. Except in cases where the investigation would be jeopardized by its

temporary discontinuance, it shall remain the responsibility of the assigned
officer.

F. A supplemental report must be prepared by each officer who works on the

case, but not necessarily for each occasion he works on it. The investigator
shall maintain a file to ascertain that supplemental reports are submitted as
required.

G. On major offenses, supervisors shall ensure that each officer who responds
submits a supplement detailing what that officer saw and heard as it pertains
to the offense.

H. A follow-up investigation report is required for, but is not limited to, the
following activities:

FOR A NON-CRIMINAL CASE:

1. Interviewing complainants and witnesses.

2. Locating missing persons.

3. Locating lost property and returning same to the owner.

4. Investigating deaths, overdoses, suicides and injuries to determine if

a crime was committed.

FOR A CRIMINAL CASE:

POLICY & PROCEDURE SERIES #301 Page 6 of 11

1. Reviewing departmental records for investigative leads.

(OPR.02.03a)

2. Seeking additional information (from other officers, informants,

contacts in community, other investigators/agencies, etc.).

3. Interviewing victims and witnesses. (OPR.02.03b)

4. Interrogating suspects. (OPR.02.03b)

5. Collecting, properly packaging, and storing physical evidence.

(OPR.02.03c)
6. Recovering stolen property.

7. Identifying and apprehending the offender.

(OPR.02.03d)
8. Determining if other crimes may have been committed by the
suspect.

9. Plan, organize, obtain warrants for, and conduct searches and

prepare case files.
(OPR.02.03e)

V. INTERVIEWS AND INTEROGATIONS:

A. Field interviews:

Field interviews are a productive tool and source of information for the police
department. They shall be used only in the pursuit of legitimate goals for the
department and not to harass citizens. When used properly they can
discourage criminal activity, identify suspects or witnesses, and add
intelligence information to the files of known criminals. Officers shall take
necessary steps to ensure constitutional requirements are met.
(ADM.02.02a)

B. Victim-witness interviews:

1. The trauma/stress to which the victim or witness has been subjected

shall be considered and the interview conducted in such a manner as
to reduce stress and minimize further problems.

2. The age, physical limitations, and credibility of witnesses shall also be

considered.

C. Interrogation of suspects:
POLICY & PROCEDURE SERIES #301 Page 7 of 11

Interrogations to obtain investigative leads can be very useful, but all

constitutional precautions must be taken and recorded if the interrogation is
to be used in court later. (ADM.02.02b)

Detailed notes or a recorded tape shall be made of the interrogation for court
giving time, date, location, officers present, waiver of rights, time
interrogation ended. Preprinted Miranda Waiver cards will be utilized prior to
custodial interrogation. Statements obtained during an interrogation must
not be based on coercion, promises, delays in arraignment, or deprivation of
counsel. In order to use a statement in court, a suspect shall be advised of
his or her Miranda rights, and the officer must be able to demonstrate that
the suspect understood those rights. Juvenile suspects must be given the
same constitutional protection as adults. The following additional
safeguards shall be followed:

1. Parents or guardians shall be notified whenever a juvenile is

interrogated, taken into custody, or charged or every attempt to notify
a parent or legal guardian must be made.

2. The number of officers engaged in the interrogation shall be kept to a

minimum.

3. A brief explanation of the juvenile justice system and departmental

procedures shall be provided.

VI. ORGANIZED, VICE, OR NARCOTICS CRIMES AND POLICE

INTELLIGENCE INFORMATION AND COMPLAINTS:

A. Officers may receive information on or complaints regarding organized

crime, vice, narcotics, or matters of law enforcement intelligence demanding
investigation. Organized crime, vice/narcotics activities, and areas of police
intelligence interest may include any of the following: (OPR.03.01a)

1. Corruption, extortion, bribery;

2. Illegal sale and distribution of liquor, tobacco, firearms, or controlled

substances;

3. Prostitution, pornography;

4. Gambling;

5. Theft/fencing rings;
POLICY & PROCEDURE SERIES #301 Page 8 of 11

6. Loan sharking or labor racketeering;

7. Terrorism, subversive activities, civil disorders;

B. Officers receiving such information shall prepare an incident/information

report which shall include the following information: (OPR.03.01b)

1. Type of illegal/suspected activity, location, names and addresses of

suspects involved and information concerning the activities.

2. If there is a complainant, name, address, and telephone number are

needed honoring the request to remain anonymous.

C. Initially, the reporting officer shall conduct no preliminary or follow-up

investigation, but shall personally contact the supervisor, who will then
contact the Sheriff concerning the reported information. (OPR.03.04)

1. The Sheriff or his designee shall confer on the case with appropriate
state, federal, or local law enforcement agencies.
(OPR.03.01c)
2. Records and reports relating to active vice, drug, and organized crime
investigations shall be securely filed and maintained separately from
the central records system. (OPR.03.02) The Sheriff will designate a
record’s custodian for such files and that designee will maintain these
in his/her office. This is to include records for the authorization,
distribution, and use of any surveillance and/or undercover
equipment owned or issued to the agency.

VII. UNDERCOVER OPERATIONS

A. Undercover operations can include organized crime, vice, narcotics,

surveillance, and decoy operations.

B. The Sheriff, or his designee, shall coordinate and provide

operational supervision for all department undercover operations.

C. Although every undercover operation is unique in its scope and

implementation, the following general guidelines should be followed
and documented in the form of an operational plan:

1. All officers involved in the undercover operation shall be

familiarized with the objective, operational details, and the
target/neighborhood area.

2. Procedures shall be established prior to commencement of

the operation for observation, arrests, surveillance, and high-risk
POLICY & PROCEDURE SERIES #301 Page 9 of 11

entries.

3. Contingency plans shall be established for providing

emergency relief, backup security, and perimeter protection
for officers.

4. If necessary and following guidelines set forth in Virginia

Code, the Sheriff, or his designee, shall arrange for supplying
officers with false identities, disguises, and necessary
credentials.

5. The Sheriff or his designee shall authorize and distribute

any surveillance or undercover equipment needed for the
operation. (OPR.03.03a, b)

6. The undercover or surveillance equipment shall be used for

the prescribed operation and then returned to the Sheriff or his
designee. (OPR.03.03c)

7. All efforts shall be made to ensure operational security to

protect overall confidentiality and cover.

8. An evidence/contraband recovery plan shall be established for

each operation. Except in exigent circumstances, only
designated personnel will handle evidence/contraband.

9. When deemed necessary by the Sheriff or his designee,

rescue personnel shall be alerted and standing by during
undercover operations. No operational details will be
released to rescue personnel unless authorized by the
Sheriff or his designee.

10. Provisions shall be made for constant radio communications

capability. Officers participating in the operation shall be
informed of radio frequencies, duress signals, and other
special codes.

11. All undercover operations shall be properly documented by the

operational commander and forwarded to the Sheriff or his
designee.

VII. CASE MANAGEMENT AND DISPOSITION

A. All case reports will be reviewed by the Sheriff or his designee. A

determination shall be made if the case is assigned to an officer,
POLICY & PROCEDURE SERIES #301 Page 10 of 11

investigator, or placed in an inactive status.

(OPR.02.02a, b)

B. Supervisors will ensure that case follow-up is completed and reported to

ensure proper closure of cases. The Sheriff or his designee shall complete
an audit of cases to ensure proper closure of cases every 90 days.

C. The records management section shall maintain files of all cases. All case
files shall be appropriately labeled with the corresponding case number.

1. The file shall contain the original incident report, any supplementary
reports, statements, reports of disposition of any property stolen,
confiscated, recovered, or otherwise pertinent to the case, plus arrest
reports, and anything else the investigating officer deems pertinent. It
is the responsibility of the investigating officer to ensure that all
necessary documents are in the case file.

2. Access to files shall be limited to sworn law enforcement personnel

and administrative support staff. (OPR.02.04d)

3. Files shall be maintained until ordered purged by the local courts.

D. When the investigation is complete, the investigating officer (his/her own

case coordinator) (OPR.02.04b) shall close the case, and include in the file
a statement, giving one of the following labels to indicate the status of the
case: (OPR.02.04a) (OPR.02.04c)

1. Cleared by Arrest - all arrests have been made in this case.

2. Exceptional Clearance - the identity and address or exact location of

the culprit is known and sufficient evidence to obtain a warrant exists.
However, due to some reason outside the control of the police, no
arrest will be made. Examples: Complainant will not prosecute;
Commonwealth's Attorney will not prosecute; perpetrator is dead;
subject arrested by another jurisdiction and no charges will be placed
by the department.

3. Pending – the investigating officer is still pursuing leads in this case

until all leads have been exhausted and it is made inactive or the
case is closed by some other means.

4. Inactive - all leads have been exhausted. No further investigation is

possible or practical until new leads develop.

5. Unfounded – the offense did not actually occur, although at the time
of the report it was believed to have occurred.
POLICY & PROCEDURE SERIES #301 Page 11 of 11
 POLICY & PROCEDURE SERIES # 302 PAGE 1 OF 13
SUBJECT EFFECTIVE DATE
SEXUAL ASSAULT INVESTIGATIONS 7/1/2018
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. POLICY:

The department recognizes the fact that sexual assaults (rape, forcible sodomy,
incest, child molestation, exploitation of children, and attempts thereof) are
personal violent crimes that have great psychological or physical effects on the
victims. It is the policy of the department to assist sexual assault victims in a
supportive manner, using appropriate crisis intervention skills. Because of the
seriousness of these offenses and the delicate nature of the investigations involved,
it is important for the department to undertake diligent investigations in order to
increase the reporting of these crimes. Reducing recidivism through the
apprehension and prosecution of the assailants is a department priority.

II. PROCEDURES:

A. General responsibilities:

1. "Sexual assault" means those offenses involving sexual penetration

or contact with any person by force or threat of force, fear, or
intimidation, or any attempts to force sexual penetration or contact on
any person.

2. Department personnel shall be aware of community services

available (sexual assault crisis centers/hotlines, mental health
centers, medical clinics, victim assistance program) to victims of
sexual assault.

3. Department personnel shall be trained and knowledgeable about

sexual assault investigation and its impact on victims.

4. Department personnel shall use appropriate communication skills

when interacting with sexual assault victims.

B. Patrol responsibilities:

1. The patrol officer has certain immediate responsibilities, as follows;

POLICY & PROCEDURE SERIES #302 Page 2 of 13

a. The primary concern is the victim's physical well-being. Give

attention to the victim's emergency medical needs. Ensure
safety.
b. Preserve the crime scene. Call additional personnel for
evidence recovery.

c. The officer shall be alert to any suspect in the vicinity. Alert

surrounding jurisdictions if necessary.

d. The officer shall explain to the victim his or her role and what
will be done at the scene and through follow-up.

2. The patrol officer shall obtain detailed information essential to

determine what offense (or offenses) actually occurred.

Abduction: Code Sections 18.2-47, 48, 49

Assault: Code Sections 18.2-57, 51, 53, 56

Child abuse, neglect: Code Sections 18.2-314, 18.2-371, 18.2-371.1

Conspiracy: Code Sections 18.2-22, 23

Murder: Code Sections 18.2-31, 32

Sexual offenses: Code Sections 18.2-355, 359, 361, 366, 370, 379,
387, 1802-61, 18.2-63, 18.2-67.1, .2, .3, .4

3. Obtain preliminary statements from victim and witnesses. Try to

establish a rapport and get only the needed information.

4. The officer shall inform the victim, preferably in writing, of counseling

services available in the area. (Inform the victim that the Division of
Crime Victims' Compensation now pays counseling fees, if needed.)
Ask whether the victim would prefer to have a support person (sexual
assault worker, family member, or friend) present if this has not
already been done by dispatcher.

5. The patrol officer shall arrange for transportation or transport the

victim to the hospital for a sexual assault examination, if appropriate
(if the assault occurred within the last 120 hours). Explain the
medical and legal necessity of this exam. Inform the victim to take a
change of clothing along. The officer may provide transportation
back home following the exam.

C. Investigator responsibilities:
POLICY & PROCEDURE SERIES #302 Page 3 of 13

1. The detective or investigating officer shall obtain a complete report

from the patrol officer assigned to the case.
2. The initial contact with the victim may happen in different ways:

a. At the crime scene: The patrol officer shall protect crime

scene and the detective or investigating officer shall establish
rapport with the victim, transport the victim to the hospital, and
begin the preliminary investigation.

b. At the hospital: Arrange for the collection of evidence needed

for prosecution. Explain sexual assault exam procedures, and
establish rapport for further interviews. The detective or
investigating officer shall not be in the room during the sexual
assault exam but shall have the victim sign a consent form in
order to obtain a copy of the hospital report.

c. Before interviewing, review the patrol officer's report and

establish rapport with the victim by allowing her or him to
ventilate.

3. The detective or investigating officer shall be trained in sexual assault

procedures.

a. The detective or investigating officer shall allow the sexual

assault crisis worker to be with the victim as support if the
victim desires.

b. If the victim prefers a woman officer, every attempt to provide

one should be made, but if one is not available, the detective
or investigating officer shall nevertheless encourage the
victim's cooperation.

c. Prepare the victim for each phase of the investigation. By

explaining what must be done and the reasons why, the officer
will encourage the victim's cooperation.

4. Follow-up interviews.

a. Privacy is a necessity for follow-up interviews. Choose a quiet

room at the department or go to the victim's home. A support
person to aid the victim may be helpful to the investigation.
Advise this person of his or her role and ask the person not to
interfere with questioning.

b. Questions which must be addressed include the following;

POLICY & PROCEDURE SERIES #302 Page 4 of 13

(1) Assault circumstances: Where approached? How?

Where occurred? When and why?

(2) Assailant: Name, if known? Color of hair? Clothing?

Height? Weight? Identifying marks?

(3) Multiple assaults?

(4) What happened during the assault? Were weapons

used? Describe them. Were threats made? What
were they? Was there a fight or struggle? Injuries
sustained? Drugs/alcohol involved? Sexual detail--
what did he try/obtain? Other degrading acts? Did he
ejaculate? Was there talk? What was said?

(5) How long was assailant with you?

(6) What was done immediately after attack?

(7) Feelings about prosecuting?

c. At the conclusion of the interview, the detective or

investigating officer shall ask about any additional assistance
needed. (Counseling services are always recommended.)

d. Encourage the victim to call later with additional details or to

ask questions. The detective or investigating officer should
provide a business card or cards.

e. Interviewing child sexual assault victims requires special

guidelines.
POLICY & PROCEDURE SERIES #302 Page 5 of 13

Appendices to P & P 302

1. Sexual Assaults/Victim Impact

2. Evidence Collection - Sexual Assaults

3. Interviewing Child Victims

POLICY & PROCEDURE SERIES #302 Page 6 of 13

Appendix 1 to P & P 302

Sexual Assaults/Victim Impact

Sexual Assault is one of the most frightening crimes that can be committed against
a person. It is a crime of violence. Any forced sexual contact or unwanted sexual
touching is a crime, whether persons are married to each other or not. Indirect
assaults include obscene phone calls, exhibitionism, and indecent exposure. Direct
assaults include rape, incest, child molestation, sodomy, and attempts thereof. The
two highest level felony sexual assaults are discussed below.

Incest is a sexual involvement with a blood or step relative. The most frequent
offender is the father and the most frequent victim is the daughter, but other
possibilities exist: mother/son, grandfather/granddaughter, uncle/niece, etc.
Coercion is built on trust and love rather than violence. The offender is often
immature with low self-esteem and unsure of his own sexual needs. The victim
doesn't want to be rejected. Incest can range from fondling to full intercourse. The
victim's feelings are very confused because of the relationship with the offender and
the rewards/threats by the offender.

Rape is forced sexual attack against the will of the victim. It may include many
different sexual acts--vaginal, oral, anal intercourse, foreign object intercourse, plus
other humiliating acts (urination by offender, lewd remarks, physical injury). Rapists
commonly have low self-esteem, desire for dominance, frustration and instability.
They may be anti-social and violent. Social pressures many times trigger a rape.
Common reactions of victims are shock, embarrassment, anger, fear, guilt,
confusion, and lack of power (control).

These attacks are usually emotionally traumatizing experiences from which it may
take months or years to recover. Initial concerns will be venereal disease,
pregnancy and injuries. At first, the victim will experience confusion, shame, and
fear. Later on, the helplessness, worthlessness, isolation, distrust, anger, fear, and
guilt will become strong feelings. Trouble may persist in the form of inability to
express affection, relate sexually, or relate to family members. Crisis counselors
trained to deal with sexual assault can help the victim cope with the assault and find
a resolution to the incident and the inappropriate feelings. An active support
system and building new strengths and relationships are positive factors in post-
rape recovery.
 POLICY & PROCEDURE SERIES #302 Page 7 of 13

Appendix 2 to P & P 302

Evidence Collection--Sexual Assaults

General Rules

1. Safeguard crime scene and evidence that is collected.

2. Call an evidence technician, if available.

3. Use caution not to damage, mark, or contaminate evidence.

4. Initial and date all items seized.

5. Document chain of evidence in report.

6. Place all evidence in appropriate containers, seal and initial.

At the Crime Scene

1. Collect undergarments, clothing, bedding, rugs, or other appropriate items which

may contain semen, blood or be damaged.

2. Collect wash cloths or towels which may have been used.

3. Collect bottles, glasses, or other objects which may contain latent prints.

4. Search scene for foreign objects (buttons, hair, pieces of torn clothing).

5. If crime occurred outdoors, take soil samples from several areas and sketch the
location of each sample taken.

6. If crime occurred in a car, gather sweepings form seats and floors, search floor
mats for stains along with seat covers.

7. If entry was forced into the victim's house, gather samples of broken glass, paint
samples, and note any pry marks.

8. Photograph crime scene.

9. Photograph bite marks, scratch marks, or other signs of brutality or injury to victim.
Only female officers or medical personnel should photograph private sexual areas.
 POLICY & PROCEDURE SERIES #302 Page 8 of 13

Notes to be Prepared

1. Description of exact location where each piece of evidence was found. [Example:
one white bra, left strap torn, found on the ground in rear yard of (address), 6 feet
south of rear stairs.]

2. Description of victim's appearance and behavior.

Note: bruises or marks, facial discoloration, disarrayed clothing, smeared makeup,
hair disheveled, confused or dazed behavior, bewilderment or disorientation,
apparent hysteria or crying, incoherent speech.

3. Description of victim's clothing. Note locations of torn garments, dirt, stains--blood,

semen, grass.

4. Description of suspect. Physical description as provided by victim with special

attention to items which would not be readily visible if the suspect were clothed:
scars, tattoos, moles.

5. Have all signs of trauma or injury, as well as emotional state of the victim, recorded
on hospital record. Be certain that smears are taken from vagina, anus, and mouth
of victim.
 POLICY & PROCEDURE SERIES #302 Page 9 of 13

Appendix 3 to P & P 302

INTERVIEWING CHILD VICTIMS

GUIDELINES FOR CRIMINAL JUSTICE SYSTEM PERSONNEL

I. Preparing for Interview.

Before interviewing the child, obtain relevant information from parents/guardian,

and if applicable, Child Protective Services case worker, physician, and/or Sexual
Assault Center/Rape Relief counselor.

A. Explain your role and procedures to above personnel and enlist their
cooperation.

B. Determine child's general development status: age, grade, siblings, family

composition, capabilities, ability to write, read, count, ride a bike, tell time,
remember events, any unusual problems, physical, intellectual, behavioral,
knowledge of anatomy and sexual behavior, family terminology for genital
areas.

C. Review circumstances of assault (as reported already by child to other

person): what, where, when, by whom, and to whom reported; exact words
of child; other persons told by child; how many have interviewed child; child's
reaction to assault; how child feels about it and what, if any, behavioral signs
of distress (nightmares, withdrawal, regression, acting out) have occurred.

D. Determine what reactions and changes child has been exposed to following
revelation of the assault(s); believing; supportive; blaming; angry;
ambivalent; parents getting a divorce; move to a new home.

II. Beginning the Interview.

A. Setting: The more comfortable for the child, the more information she/he is
likely to share.

1. Flexibility: A child likes to move around the room, explore and touch,
sit on the floor or adult's lap.

2. Activity: Playing or coloring occupy child's physical needs and allows

her/him to talk with less guardedness.

3. Privacy: Interruption, distract an already short attention span, divert

focus of interview, and make self-conscious or apprehensive child
withdraw.
 POLICY & PROCEDURE SERIES #302 Page 10 of 13

4. Support: If the child wishes a parent or other person present, allow it.
A frightened or insecure child will not give a complete statement.

B. Establishing a Relationship.

1. Introduction: Name, brief and simple explanation of role and

purpose: "I am the police officer here to help you. My job is to talk to
children about these things because we want them to stop
happening."

2. General exchange: Ask about name (last name), age, grade school
and teacher's name, siblings, family composition, pets, friends,
activities, favorite games/TV shows. (It often helps to share personal
information when appropriate, e.g., children, pets.)

3. Assess level of sophistication and ability to understand concepts:

does child read, write, count, tell time, know colors or shapes; know
the day or date: know birthdate; remember past events (breakfast,
yesterday, last year); understand before and after; know about
money; assume responsibilities (goes around neighborhood alone,
stays at home alone, makes dinner, etc.)

III. Obtaining History of Sexual Assault.

A. Preliminaries.

1. Use language appropriate to child's level; be sure child understands

words. (Watch for signs of confusion, blankness or embarrassment,
be careful with the following words: incident; occur; penetration;
ejaculation; etc.)

2. Do not ask WHY questions ("Why did you go to the house?" "Why
didn't you tell?") They sound accusatory.

3. Never threaten or try to force a reluctant child to talk. Pressure

causes a child to clam up and may further traumatize him/her.

4. Be aware that the child who has been instructed or threatened not to
tell by the offender (ESPECIALLY if a parent) will be very reluctant
and full of anxiety (you will usually notice a change in the child's affect
while talking about the assault). The fears often need to be allayed.

- "It's not bad to tell what happened."

- "You won't get in trouble."
- "You can help your dad by telling what happened."
- "It wasn't your fault."
POLICY & PROCEDURE SERIES #302 Page 11 of 13

- "You're not to blame."

5. Interviewer's affective response should correspond with child's
perception of assault (e.g., don't emphasize jail for the offender if the
child has expressed positive feelings toward him.)

6. Ask direct, simple questions as open-ended as allowed by the child's

level of comprehension and ability to talk about the assault.

B. Statement.

1. WHAT

- "Can you tell me what happened?"

- "I need to know what the man did."
- "Did he ever touch you? Where?"
- "Where did he put his finger?"
- "Have you ever seen him with his clothes off?"
- "Did you ever see his penis (thing, pee pee, weiner) get big?"
- "Did anything ever come out of it?"

Once basic information is elicited, ask specifically about other types

of sexual contact.

- "Did he ever put it into your mouth?"

- "Did he ever make you touch him on his penis?"

2. WHO

Child's response here will probably not be elaborate. Most children

know the offender and can name him, although in some cases the
child may not understand relationship to self or family. Ascertain from
other sources what is the exact nature/extent of the relationship.

3. WHEN

The response to this question will depend on child's ability, how

recently assault happened, lapse between last incident and report,
number of assaults (children will tend to confuse or mix separate
incidents). If the child is under six, information re: time is unlikely to
be reliable. An older child can often narrow down dates and times
using recognizable events or associating assault with other incidents.

- "Was it before your birthday, the weekend, Valentine's Day?"

- "Was it nighttime or daytime?"

 POLICY & PROCEDURE SERIES #302 Page 12 of 13

- "Did it happen after dinner, cartoons, your brother's bedtime?"

4. WHERE

The assault usually occurs in the child's and/or offender's home.

Information about which room, where other family members were,
where child was before assault may be learned.

5. COERCION

What kind of force, threat, enticement, pressure was used to insure

cooperation and secrecy?

- "Did he tell you not to tell? What did he say?

- "Did he say something bad would happen or you would get in

trouble if you told?"

- "Did the man say it was a secret?"

C. Assessing Credibility and Competency.

1. Does child describe acts or experiences to which s/he would not have
normally been exposed? (Average child is not familiar with erection
or ejaculation until adolescence at the earliest.)

2. Does child describe circumstances and characteristics typical of

sexual assault situation? ("He told me that it was our secret"; "He
said I couldn't go out if I didn't do it"; "He told me it was sex
education.")

3. How and under what circumstances did child tell? What were exact
words?

4. How many times has child given history and how consistent is it
regarding the basic facts of the assault?

5. How much spontaneous information can child provide? How much

prompting is required?

6. Can child define difference between truth and a lie? (This question is
not actually very useful with young children because they learn this
by role but may not understand the concepts.)

IV. Closing the Interview.

POLICY & PROCEDURE SERIES #302 Page 13 of 13

A. Praise/Thank Child for Information/Cooperation.

B. Provide Information.

1. Child: Do not extract promises from a child regarding testifying. Most

children cannot project themselves into an unknown situation and
predict how they will behave. Questions about testifying in court or
undue emphasis on trial will have little meaning and often frightens
the child (causing nightmares and apprehension).

2. Parent: Provide simple, straightforward information about what will

happen next in the criminal justice system and approximately when,
the likelihood of trial, etc.

C. Enlist cooperation: Let them know who to contact for status reports or in an
emergency, express appreciation and understanding for the effort they are
making by reporting and following through on process. Provide
Victim/Witness contact information and let both the parent and child know
that Victim/Witness will help with courtroom tours, court preparation and
notification of court dates.

D. Answer questions; solicit responses.

Adapted form information by Chief Fred F. Drenkham, Executive Director of

the Cuyahoga County Police Chiefs Association in Cleveland, Ohio.
 POLICY & PROCEDURE SERIES # 303 PAGE 1 OF 6

SUBJECT EFFECTIVE DATE

CRIME SCENE PROTECTION AND 7/1/2018
PROCESSING APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.02.01a, b, c

I. PURPOSE:

The purpose of this policy is to establish procedures for collecting, processing

and protecting of crime scenes to preserve physical evidence and to define the
responsibilities of police and Forensic Technicians at such scenes.

II. POLICY:

It is the policy of the King William Sheriff’s Office to process crime scenes in an
expedient manner. The success or failure of a criminal investigation largely
depends upon the thoroughness and promptness of the crime scene
investigation. What an officer or technician does or fails to do may well
determine the outcome of the case. Positive action in this stage is an important
factor in determining the outcome of the case in the courtroom.

The value of the crime scene can diminish rapidly. Rain, snow, wind or the
actions of people may destroy evidence of value. A matter of minutes or an
unobservant step may mean the difference between locating valuable evidence
or a fruitless search by the crime scene Detective.

III. DEFINITION:

Crime Scene: Any structure, location or area where evidence of a crime may be
located. Evidence located at this scene can and will determine the subsequent
investigative efforts. Physical evidence from the scene includes: fingerprints, tool
marks, shoe/tire impressions, hair/fibers, paint/glass fragments, biological fluids,
weapons and cartridges/casings. This evidence can be associated with the
perpetrator of the crime.

IV. PROCEDURE:

A. RESPONSE

1. Crime scene protection and preservation is the responsibility of the

first officer on the scene. His swift arrival, ability to take control and
POLICY & PROCEDURE SERIES #303 Page 2 of 6

secure the area from any outside interference may prevent the
destruction or contamination of physical evidence, prevent further
injury/loss of life, or loss of witnesses.

2. If aid is delayed, victims may die, evidence may be lost or

contaminated, or witnesses may leave. In order for the police
officer to solve these problems, he must arrive safely. The Police
officer’s primary concern must be that of his safety and that of
individuals at the scene. An officer responding must:

a. Respond to the assignment properly using only a reasonable

speed.
b. Evaluate and enter the scene safely
c. Aid the injured
d. Arrest the suspect (if found at the scene)
e. Secure and protect the scene (OPR.02.01b)
f. Make proper notifications
g. Locate, identify, separate and detain any witnesses
(OPR.02.01e)
h. Note all conditions, events and remarks (OPR.02.01a)
i. If Forensic Technician response is necessary, brief the
technician on all information gathered to include any items
moved or changes made to the scene to include lights
turned on, doors opened, items touched, etc.
j. Brief and yield responsibility to the responding Investigator.

B. ARRIVAL AT THE CRIME SCENE

1. Do not rush into the crime scene, an armed suspect may still be
present. Rushing into the crime scene will result in the destruction
and contamination of evidence.

2. Officers, on arrival, must decide how to approach the crime scene

in a manner that is least destructive to potential evidence. Only the
minimum number of officers absolutely necessary to make sure a
crime scene is free of any suspects should enter the scene.

3. Preservation of evidence entails keeping the crime scene in the

same condition it was left by the perpetrator. Touching objects,
walking on stains, blood and shoe/tire prints will destroy the value
of the otherwise critical evidence.
(OPR.02.01b)

4. A primary responsibility of the officer(s) entering a crime scene is to

render assistance to the victim. This may entail calling an
ambulance or administering first aid. If the victim is dead, do not
POLICY & PROCEDURE SERIES #303 Page 3 of 6

disturb the body. The officer’s approach to the victim should be in

such a way that any physical evidence in the vicinity remains
untouched and protected.

5. Any subjects in the scene who can be removed should be removed

to a safe area. Any witnesses found at the scene upon the officer’s
arrival should be separated and detained in a safe location away
from the scene. Obtain their names, addresses, home and work
phone numbers.

If a witness must leave prior to the arrival of an Investigator, the

officer will need to ascertain where they can be contacted. Even
witnesses who state they know nothing are important and should
be listed.

6. If a suspect(s) is found at or near the scene, the officer must protect

himself. If the officer reasonably believes the suspect has
committed the offense, he should detain the suspect, frisk for
weapons, and make note of any spontaneous statements. If a
Investigator is responding, the officer will turn the suspect over to
them for further questioning. To prevent any possibility of additional
contamination of the scene, any possible suspect must be removed
from the crime scene immediately. At no time will a suspect be
taken into or through a working crime scene.

7. The officer will notify his supervisor as to the circumstances so that

any other necessary notifications can be made, (i.e.; Investigator,
Forensic Technicians).

C. PROTECTING THE SCENE (OPR.02.01b)

1. The first officer on the scene must secure the initial point of the
incident and then extend the area of protection out toward the
perimeters where any possible evidence may have been thrown or
dropped. This may entail securing entire structures or blocks. The
officer should establish one point which will be used by all
necessary personnel for entry and exit.

2. A crime scene entry log must be initiated. All person’s entering and
exiting will be entered on the log. Each entry will contain the
person’s name, unit number, time entered and time exited. All
personnel entering the scene should restrict themselves to the one
established path while in the scene to reduce contamination of
evidence.
POLICY & PROCEDURE SERIES #303 Page 4 of 6

3. All unauthorized or unnecessary persons must be kept from

entering the area. Critical evidence may be obliterated or
contaminated by permitting persons or officers to wander about the
area before the crime scene Investigator has completed his work. If
contamination occurs in any way, the Investigator may reach false
conclusions which could needlessly side track the investigation

4. At no time will there be any eating, drinking or smoking in or near

the crime scene. Personnel will not use telephone, toilet or sink
areas in the crime scene. Not only is this dangerous due to
possible blood and air borne pathogen exposure but can also lead
to contamination of the evidence.

5. The officer must prevent anyone, including himself from picking up

or moving objects, which appear to be in disarray. The crime scene
must remain in its original condition. Often in businesses the owner
will want to clean up the place. This must be prevented until after
the scene has been thoroughly processed for evidence.

6. Patrol Officers and Supervisors arriving at the scene must have

their responsibilities for crime scene protection clearly in mind.
Until the scene is turned over to the Investigator or Forensic
Technician, the senior officer present is responsible for the crime
scene and its preservation.

7. Once the Investigator or Forensic Technician arrives at the scene,

they will assume responsibility for the scene. The officer will brief
them on all information obtained, any actions taken, follow their
instructions and assist them in any manner indicated.

D. PROCESSING THE CRIME SCENE (OPR.02.01c)

1. The officer or technician processing the scene must always be

mindful that nothing within the scene can be overlooked or
considered insignificant. Items that may have initially appeared
trivial may lead to successful closure of the case.

2. All Officers and Forensic Technicians processing scenes and

collecting evidence will do so according to King William County
Sheriff’s Office training guidelines (Training Academy) and
guidelines set forth by the Virginia Division of Forensic Science
Laboratories.
POLICY & PROCEDURE SERIES #303 Page 5 of 6

E. SPECIAL CONSIDERATIONS

1. Weapons - weapons found in a crime scene should not be moved

unless it is a matter of the officer’s or rescue squad personnel’s
safety. If it is moved, the exact location and position it was
originally in should be documented and the Investigator and
Forensic Technician advised upon their arrival. Do not unload any
weapon found in a crime scene. Location and order of cartridges
may be of critical value.

2. Cartridges, Bullets and Casings - When located at a crime scene,

these can easily be lost or damaged eliminating any chance for
comparison. Officers must be aware of where they are walking and
standing. Do not attempt to remove bullet from hole until it is time
for recovery. Objects, fingers etc., should not be placed in the hole
in an attempt to locate the bullet or trajectory prior to the completion
of the crime scene investigation.

3. Fingerprints - Officers should avoid handling anything in the scene.

If it becomes necessary to do so, the officer must use gloves and
advise the Investigator/Forensic Technician so that their prints may
be eliminated if any latents are recovered.

4 Shoe/Tire Impressions - Often over looked, these may be extremely

valuable. Officers should be cognizant of possible impressions left
on the floor or ground in dust, dirt, blood or other substance and
must make every effort to protect these areas. Excess tracking into
and out of the scene will obliterate any of this type evidence. This
evidence requires specialized photography and sometimes special
collection methods, although it may at times be recovered with
fingerprint powder.

5. Tool Impressions - These may be found at point of entry to a

structure, safe or vehicle and must be cast with specialized
material. If the suspect tool is found the working end of the tool
must be protected and must not be placed back into the tool mark
to see if it fits. This will destroy the mark and any trace left in it.

6. Glass Fragments - Glass Fragments can be used to show trajectory

or associate the suspect with the scene. If trajectory analysis is
necessary, all glass inside, outside and still left in the frame must
be collected. When comparing glass from a crime to samples
taken from a suspect, known glass should be collected from all
panes that are broken since they may not be the same. The best
evidence from the suspect can be obtained from his clothing, and
by combing his hair. If shoes are collected they must be packaged
POLICY & PROCEDURE SERIES #303 Page 6 of 6

separately from the clothing to prevent contamination from glass he

has stepped on at other locations.

7. Spatter and Staining - Fluid pattern interpretation can be of major

importance when reconstructing the crime. It can determine many
things to include type of weapon, number of blows, and movement
of suspect or victim. This takes specialized equipment and
training. Officers must make sure not to touch, or step on any
spatter or staining within the crime scene.

F. NOTE TAKING

1. Any actions or observations made by an officer at a crime scene

must be documented as soon as possible. This should be done in
compliance with King William Sheriff’s Office report writing
guidelines. It should include other officers present, Investigator or
Forensic Technician responding (if appropriate), witness/
suspect/victim information, and any spontaneous remarks.
(OPR.02.01a)

2. All evidence collected must be documented to include thorough

description, item number, and location collected from as well as the
address of the crime scene. Officer or Technician collecting the
evidence should also annotate information such as the weather
conditions or climate in the structure, observation of lights, windows
and door.

3. All items of evidence collected must be properly packaged and

must, at a minimum, be labeled with:

a. Item #
b. date collected
c. description
d. location collected from
e. officer’s name
f. case number
 SERIES #305
POLICY & PROCEDURE PAGE 1 OF 3

SUBJECT EFFECTIVE DATE

INVESTIGATIVE FUND 9/1/2020
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. POLICY:

To properly document all investigative funds and expenditures. To maintain

records for all transactions, use receipts and ledger and audits to ensure the
proper handling and accountability of these funds.

II. PURPOSE:

To set forth guidelines for the handling of official Sheriff's Office investigative
funds.

A. Accountability:

1. The Sheriff shall have control over the investigative funds.

2. The Sheriff shall designate those persons who may distribute funds
for investigation.

3. The total amount of funds to be maintained on hand is set by the

Sheriff. The Sheriff will maintain this amount and it will include
funds on hand, held by investigators.

4. Funds for undercover operations and special investigations will be

requested based on the operation. At the conclusion of the
operation, the funds account will be audited and the excess funds
will be returned to the investigative account.

B. Covert Fund:

1. It shall be the policy of this office to allow sworn members of the

King William County Sheriff's Office the latitude to be issued
confidential official funds to cover investigative expenses incurred
while in the performance of their assigned duties. Expenditures will
 be for investigative purposes only. Members receiving funds will
be held accountable for the issued funds.
2. Personnel will not carry excessive amounts of funds as they usually
have time to draw funds for probable cause buys and buy/bust
situations, etc.

C. Documentation:

All disbursements made by personnel will be documented in detail.

D. Request/Disbursement of Funds:

1. Requests for funds by officers will have been approved by the

Sheriff.

2. All funds will be kept in the safe located in an investigators office.

3. All records and books will be maintained and audited, at least

quarterly, by the Sheriff or his designee.

4. Any disbursement in excess of $100 per transaction shall be

requested of and approved by the Sheriff.

5. If large sums of money are needed for an operation, the Sheriff

shall be apprised in a timely fashion so that arrangements can be
made to obtain the funds.

E. Informant Expenses:

See Managing Confidential Informants.

F. Audit:

All records indicating both funds received as well as those disbursed, shall
be subject to inspection at any time deemed appropriate by a
representative to the office of the Sheriff.

An annual audit will be conducted on the investigative fund by an external

auditor who is selected by the County to do its annual audit.
 POLICY & PROCEDURE SERIES #306 PAGE 1 OF 4
SUBJECT EFFECTIVE DATE
7/1/18
MANAGING CONFIDENTIAL APPROVED
INFORMANTS J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.02.06a-i

I. PURPOSE:

The department encourages development and use of informants. The proper legal
use of an informant can greatly assist the efforts of the officer in obtaining vital
information that may be used in any investigation.

II. POLICY:

The purpose of this order is to set forth procedures to help members of the
department develop and effectively use informants and the information obtained.

III. PROCEDURES:

A. Definition:

1. By definition, an informant is a person who provides information. A

citizen giving an officer information about neighborhood activities is
an informant. An arrested person who provides information about
other participants in a crime is an informant. A "snitch" who provides
information about who committed a particular crime and who receives
money from an officer as payment is an informant.

2. Officers shall develop a variety of information sources or informants.

In many cases, information will flow as a result of friendly, courteous
conversations and questioning, by building rapport, by providing
efficient police response, and by just listening and talking.

3. For purposes of this order, an informant is defined as someone who

provides useful information concerning criminal activity including vice,
organized crime, or intelligence and who expects some kind of return.
Return is defined as payment in money or assisting the
Commonwealth's Attorney or the courts or the satisfaction of a
personal need to contribute to the improvement of the neighborhood.

4. In developing informants, officers shall ensure confidentiality of

informant identities and transactions, but observe lawful
accountability.
POLICY & PROCEDURE SERIES #306 Page 2 of 4

B. Identity of informants:

1. Each officer who wishes to develop and use an informant, as defined

above, will prepare a confidential file on the informant as follows:

(OPR.02.06a,i)

a. In the file, place the following information: officer's name and

the informant's number, Informant’s number shall consist of
the following C15-XXX (last four digits of the Informant’s social
security number or driver’s license number.

b. Prepare or collect the following and place inside file:

(1) Biographical and background information: name,

aliases, address, telephone number, known
acquaintances, habits, etc.

(2) Criminal history record, if any.

(3) Information the informant has or can be expected to

provide.

(4) Record of any payments made.

(5) Degree of involvement of informants in any operation.

(6) Driver’s Transcript

(OPR.02.06b)

c. The prepared file shall be forwarded to the Sheriff. The Sheriff

will maintain these files in a locked and secure location.

2. The Sheriff will review the file and determine if they are suitable for
use as an informant. If an emergency arises which makes it
essential to identify people the Sheriff will authorize disclosure of
information. Files will be released only to the officer preparing the
file or in response to a legal subpoena.

3. Once an informant file has been prepared, all future references to the
informant in any reports will be by informant number only. Informant
names will not be used. (OPR.02.06e)

4. Once the informant file has been prepared, the officer is responsible
POLICY & PROCEDURE SERIES #306 Page 3 of 4

for keeping the file up-to-date. The officer simply requests the
numbered file from the Sheriff, places the additional information
within, and returns it.
5. Informant files are to be kept separate and secure from all other
criminal files. Access to the files is limited to the Sheriff or his/her
designee. Files are to be kept in numerical order under two
headings, “Active and Non-Active.” Retention of the files shall be in
accordance with Library of Virginia Retention Schedule.
(OPR.02.06c, d)

6. All informants who will be rendering services for the King William
Sheriff’s Office shall enter into the written agreement provided by the
Virginia State Police regardless of previous registration with other
agencies.

C. Use of police informants:

1. Police officers shall not make any deals with people concerning
charging, pleading, or sentencing. Police officers may, however,
consult with the Commonwealth's Attorney regarding these matters.

2. Informant information may become the basis for a variety of legal and
police processes. The officer shall carefully consider the possibilities
of being required to identify an informant in the courtroom, possibly
placing the informant in jeopardy.

3. Informants as participants in offenses must be willing to testify in

court.

4. Officers shall deal with informants very carefully and with

circumspection, particularly with those of a different sex or those
whose sexual preferences may make an investigation susceptible to
compromise. (OPR.02.06g)

5. Use of juvenile informants is particularly sensitive so officers must

obtain parental permission and consult with the Commonwealth's
Attorney or juvenile court personnel. (OPR.02.06h)

6. The Sheriff can provide information on the availability of funds to pay

informants.

7. Specific guidelines exist through case law regarding the legal use of
informants. The following points are offered to help officers judge the
usefulness of their informants.

a. If possible, corroborate informant tips through independent

POLICY & PROCEDURE SERIES #306 Page 4 of 4

investigation.

b. If informant tips form probable cause to arrest or search, the

officer involved must be prepared to justify to the court why the
informant is credible and his information reliable.

D. Paying Informants: (OPR.02.06f)

1. When an officer has an informant who wishes to be paid for

information or participation, the officer shall follow all procedures
found in the Investigative Fund policy and procedure, before any
money or agreement between the informant and the officer is
reached. Informants will only be paid with the approval of the
Sheriff or his designee.

2. Informants will be paid from the designated Investigative fund

account and only by the Sheriff or his designee. The officer
responsible for the informant shall be present when payment is
received and all applicable forms shall be filled out.
 POLICY & PROCEDURE SERIES # 307 PAGE 1 OF 14
SUBJECT EFFECTIVE DATE
VICTIM/WITNESS SERVICES 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.23.01
ADM.23.02 a-f
ADM.23.03 a-c

I. PURPOSE:

To purpose of the policy is to establish guidelines, responsibilities, and

procedures for crime victim assistance.

II. POLICY:

The rights of suspects and defendants involved in the criminal process are
unquestionably important; yet it is equally important to protect the rights of the
victims of crime. Victims have a need and an expectation to obtain fair and
humane treatment from law enforcement personnel. Crime victims often suffer
physical, psychological, and financial injuries. The first source of protection for
most victims is the police officer. A victim treated well during crisis provides the
officer with a better witness who will give a more accurate account of what
happened. The department recognizes the importance of adequate victim services.
Responsiveness to the needs of crime victims is a department priority.

III. PROCEDURES-General

A. General responsibilities:

1. "Victim" means a person who suffers as a direct result of a crime

committed upon his/her property or person. (Virginia Code 19.2-368-
2)

2. All members of the department have responsibilities for and shall

support crime victim assistance procedures.

3. Department personnel shall consider victims as clients of the criminal

justice system who are to be treated with respect and fairness.

4. Department personnel shall view victim assistance as a partnership.

Better treatment of victims will result in better investigations leading to
more convictions.
 POLICY & PROCEDURE SERIES #307 Page 2 of 15

5. Cultural/language differences may exist. Personnel are encouraged

to use interpreters and translator services, if needed. Such services,
if not provided by the department, may be found at local colleges and
universities or certain ethnic agencies. (Virginia Code, 19.2-164).

6. All personnel shall receive periodic in-service training on the nature

and impact of victimization.

a. The Sheriff, or his designee, shall arrange formal or informal

in-service training concerning victim assistance.

b. Training will include recognition of symptoms of crisis (shock,

disbelief, denial, anger, fear, guilt, frustration); suggested
approaches to interviewing victims; resources available to the
officers. (See Appendices to this policy.)

c. The Sheriff shall ensure that department personnel are trained

periodically about current procedures used locally in the
processing of a victim's case and the victim's role in each
stage.

7. Officers are required to render assistance to victims, unless victims

refuse it. An officer who has a duty to act to assist a victim may be
liable for negligence for improperly performing, or failing to perform, a
duty. (Federal and state courts have decided recently that victims of
crime have a right to equal protection of the law under the 14th
Amendment of the Constitution and that victims, under certain
circumstances, may have a special relationship with law enforcement
agencies. Failure to provide either an appropriate response to
victims or to respond upon the pleading of a victim for help may be
judged as malfeasance or nonfeasance of official law enforcement
duties and obligations.)
(ADM.23.01)

IV. PATROL RESPONSIBILITIES

A. Arrival at scene.

1. Patrol officers shall:

a. record date and time of arrival;

b. determine location and condition of victim;

c. determine if suspect is still at crime scene (initiate crime

broadcast, if applicable);
POLICY & PROCEDURE SERIES #307 Page 3 of 15

d. summon ambulance, if indicated.

2. Patrol officers must explain their role to crime victims and why they
need to ask questions.

3. Patrol officers shall know and practice crisis intervention skills. (See
Appendix 1 to this Policy.)

B. Crime scene preservation:

1. First officer on the scene is responsible for preserving crime scene

and to fully explain to the victim what the investigation will entail.

2. Ensure that evidence is not destroyed or contaminated. Further, an

officer must remain at the crime scene until evidence is processed.

3. Victim must be informed of the necessity of taking photographs of the

person and removing personal belongings for evidence. Officers
shall use tact in explaining evidence collection procedures because
the victim may well be upset or distraught.

C. Officers shall demonstrate concern for the victim after the crime has
occurred. To this end, officers shall freely provide information about
available social services, the criminal justice process, or accommodate any
other reasonable need.

D. Identify and separate witnesses:

1. Record names and addresses of witnesses and other persons at the

scene.

2. Obtain valid identification, if possible.

3. Obtain preliminary statements.

E. Interview victim separately from witnesses and in privacy.

1. Victims are interviewed; suspects are interrogated. Interviews with

victims require patience, firm but not overbearing control, tact, and a
demonstrated concern for their discomfort.

2. Establish rapport with the victim. Explain the necessity of asking

specific personal questions.
POLICY & PROCEDURE SERIES #307 Page 4 of 15

3. Use appropriate interview techniques.

4. For further instruction, see Appendix 2 to this Policy.

F. Assess medical/psychological needs of victim.

1. Arrange for appropriate treatment as soon as possible. The victim

may want or need to be examined and reassured of his or her
physical condition. Similarly, the victim may want or need to speak to
someone for psychological support (relative, friend, or counselor).

2. The victim may be confused or unable to express his or her needs.

Use good judgment and, if appropriate, refer victim to another
agency.

G. Transportation of crime victims.

1. Victims may be transported in department vehicles when necessary

to accomplish a police purpose: to a medical facility, to the
department or other criminal justice agency, to a safe shelter.
(ADM.023.02f)

2. Once the victim is taken to the necessary destination, an officer will

escort the victim inside, ensuring that the proper authority is notified
of arrival.

H. Completing the crime (incident) report.

1. The purpose of the crime report is to document the incident for further
investigation and prosecution.

2. Reports must be factual, clear, concise, and unbiased.

3. Be specific. Use victim's own terminology in report.

4. Avoid personal opinions regarding any comments made by victims or

witnesses.

5. Use effective communicative skills which are both easy to understand

and supportive of the victim. (See Appendix 1 to this Policy.)

6. At completion of the initial investigation, provide the victim with the

case number, officer's name and badge number, classification of
crime, date of report, and phone number to obtain or relay additional
information. Advise victim of how to obtain a copy of incident report.
(ADM.23.02c, d)
 POLICY & PROCEDURE SERIES #307 Page 5 of 15

I. Officers shall give brochures to the victim or victim's representative that

explain the next steps to be taken in the case, as well as where victims can
go to receive information and assistance in accordance with § 19.2-11.1 of
the Code of Virginia (ADM.23.01)

J. Determine where the victim will be over the next several months: obtain
addresses for any temporary or permanent residence, place of business, or
other place to contact.

K. Officers shall distribute the following to crime victims or their representatives.

1. Victim and witness information brochures;

2. Victim/witness program brochure.

L. Property control: If an officer takes property from the victim for purposes of
investigation, he or she shall provide a written receipt for the property to the
victim accompanied by an explanation of why it is required as evidence.

M. Notify the victim of the department's interest in protection from intimidation or

threats by defendant, his family or friends. Instruct the victim to call the
department if this occurs. Assist victim in obtaining a protective order, if
required by law. (ADM.23.02e)

N. Media relations:

1. Use discretion with media personnel. Do not give reporters specific

information about the case that might impede its investigation and
prosecution.

2. Protect the victim's identity by not releasing the victim's name or

address. Advise reporters to contact the Sheriff.

O. When the Investigating officer or Investigator arrives, the officer will report all
that has been done.

V. INVESTIGATOR RESPONSIBILITIES

A. The investigating officer’s purpose is to follow-up the preliminary

investigation, to provide additional investigation to effect an arrest, and to
prepare the case for prosecution. Immediate assignment of an Investigator
may occur following personal violent crimes.

B. Arrival at scene.
POLICY & PROCEDURE SERIES #307 Page 6 of 15

1. Upon arrival, the Investigator shall receive a report from the officer
who completed the preliminary investigation.

2. The Investigator must explain their role to crime victims and why they
need to ask additional questions, perhaps repeating the officer's
questions. Also explain the need for and procedures concerning
crime lab tests.

3. The Investigator shall be able to apply crisis intervention skills. (See

Appendix 1 to this Policy.)

C. Collection of additional evidence.

1. Investigator or investigating officer shall gather all pertinent evidence

at the scene which will lead to the apprehension of the criminal.

2. Make the necessary arrangements for forensic tests, drawings, and

photographs.

3. Use proper collection techniques.

4. Record all information with accuracy, clarity, and completeness.

5. Review test results after their return from lab.

D. Care and return of victim's property used as evidence.

1. Notify victim where the property is stored, when it can be reclaimed,

and how to reclaim it.

2. The victim shall not be charged any fees for the collection, storage,
and preservation of property.

3. Expedite the return of property. Photograph as much as possible in

order to return the property to its owner sooner. (ADM.23.03c)

E. Seek other pertinent information from other officers.

Review preliminary reports and prepare notes concerning items/information

needed.

F. Conduct any further interviews of victims (and witnesses) several hours or

days following the incident. Choose a time and place convenient for the
victim, if possible. (See Appendices 1 and 2.)

1. Obtain additional information which the victim was reluctant or forgot

POLICY & PROCEDURE SERIES #307 Page 7 of 15

to provide during the preliminary investigation.

2. Clarify any inconsistencies in the original report.

3. Check for bruises or injuries which were not initially visible or not
photographed and have photos taken.

G. Transportation of crime victims. (See paragraph IV.G)

H. Attempt to determine the identity of the suspect(s), if unknown, throughout

he use of one or more of the following:

1. Arrange for the victim to develop a composite drawing. Contact

Virginia State Police for assistance.

2. Arrange for victim to review police photographs. Provide necessary

transportation. To assure an accurate identification, a reasonable
number of photos shall be shown to the victim, even if suspect is
selected almost immediately. (ADM.23.03b)

I. Arrest of suspect. The victim shall be notified as soon as possible about the
arrest, custody status, and charges filed.

J. The Investigator or investigating shall prepare a case presentation to include

any available evidence and lab results, for use in court. Remember, the
investigator will be with the victim through all court proceedings while
prosecutors and defense attorneys may change.

K. It is the investigating officer’s responsibility to:

1. maintain victim's case confidentiality;

2. provide support for the victim;

3. protect the victim/take action regarding intimidation or threats by the

defendant and his family or friends; (ADM.23.02b)

4. keep the victim informed of results of hospital/lab tests;

5. notify the victim if defendant makes bond or has a bond reduction

hearing scheduled;

6. explain the criminal justice procedures pending. Remind the victim

that he or she will see the accused in court and reassure the victim's
safety; (ADM.23.03a)
POLICY & PROCEDURE SERIES #307 Page 8 of 15

7. work closely with prosecuting attorneys in retrial and trial

preparations;

8. give victim one's name and phone number for further contacts;

9. Advise victim of social service agencies, including the victim

assistance program (such as victim/witness assistance program,
domestic violence shelter, or sexual assault center and the criminal
compensation fund). (ADM.23.02a)

L. The investigating officer shall notify the victim when the department closes
(clears) the case by any of these means:

1. Victim non-cooperation, which should happen rarely if victims are

encouraged and supported during the investigation.

2. Cases of non-prosecution: Explain to the victim that a lack of

prosecution or legal insufficiency does not reflect on his or her
credibility.

3. Unfounded cases--only when it is proven that the offense did not

occur.

4. Exceptional clearance--consult the UCR guidelines for this procedure

and explain reasons to the victim.
POLICY & PROCEDURE SERIES #307 Page 9 of 15

Appendices to

1. Crisis Intervention Skills

2. Interviewing

Appendix 1 to P&P 307

Crisis Intervention Skills

A crisis is any situation where stress (the crime) leads to a breakdown of

usual coping (problem-solving) methods. Morton Bard defines the crisis of
victimization as the sudden, arbitrary, unpredictable violation of self that leaves a
victim feeling so shattered that he or she cannot continue to function the way he or
she did before the crime occurred.

A victim's response to crisis is the series of reactions to the stress of a

sudden or unexpected trauma. The response may include the following:

1. Immediate response to crisis--shock, disbelief, denial, helplessness.

2. Post-trauma display of emotions--anger, fear, frustration, guilt, depression.

Examples: screaming, crying, hysterics

severe depression
uncontrolled body trembling
anger, clenched fists, locked jaws
rapid speech and breathing
frozen into immobility
overtly calm after violence
physical opposites--e.g. calm vocal tone and wringing
of hands

3. Re-experiencing the incident--nightmares

flashbacks (especially on month/year anniversaries)
tunnel vision (think only of the crime)
unresponsive, immobile
confrontation with reality bit by bit
mind avoids details (self-doubt, self-denial)

4. Resolution--coming to terms with reality of victimization

regaining lost control over life
resuming a normal existence
may take 2 months to 2 years to reach

It is very important for victims to know this reaction can occur (they aren't going
 POLICY & PROCEDURE SERIES #307 Page 10 of 15

crazy). To know that these are normal symptoms can help the victim predict and
prepare. To understand this reaction will help them move toward a resolution.
Most victims can resolve this crisis reaction by themselves or with the assistance or
short-term counseling.

Crisis intervention means to alleviate the discomfort a person is feeling due to the
impact of a crisis. It is psychological first aid meant to focus on immediate help. It
helps the person function by mobilizing resources and finding successful ways to
cope with the incident.

The key to crisis intervention is active listening. It involves listening to the words
spoken and the feelings expressed--sometimes they are incongruous. Listening
with empathy, which is listening from the speaker's viewpoint, not the listener's, is
very important. The listener's reflection and clarification of feelings, summaries,
and understanding is part of the process as well. The appearance of genuine
caring and trust is essential in the relationship.

Objectives of Crisis Intervention

1. To appear genuinely interested in helping (for rapport).

2. To get victim to talk freely and frankly and to assess a problem (includes identifying
and clarifying the problem).

3. To be aware of and respect the person's responsibility to make own decisions.

4. To be accepting, objective, and non-judgmental toward the victim's account.

5. To assist the person in putting things into perspective by helping to focus on needs
and to be aware of alternatives and resources including person's own emotional
strengths.

6. To listen carefully to what the person has to say, allowing him or her to tell the story
in their own way and to ventilate feelings (active listening).

7. To reassure the person and offer emotional support along with assistance and
guidance.

8. To provide pertinent information regarding the crisis.

9. To refer to the appropriate agency (agencies) which can best meet the person's
needs.

Victims can give clearer, more accurate accounts of the incident if their intense
feelings have been replaced with feelings of calm and trust. Help the victims to
help themselves and they will also help you.
POLICY & PROCEDURE SERIES #307 Page 11 of 15

Appendix 2

Interviewing

"Interviewing is the questioning of a person who is believed to possess

knowledge that is of official interest of the investigator." (O'Hara, C., Fundamentals
of Criminal Investigation).

Several factors influence interviewing skills at the crime scene and at later
investigations. They include an understanding of crisis/stress theory, personality of
the victim, type of response given to the victim, and knowledge of interviewing
procedures.

Stages of the interview process:

1. Preparation--build security and rapport, focus on victim needs, emphasize

feelings

2. Information--obtain good reconstruction of incident by use of good

communication skills

3. Supportive closure--develop partnership with victim, explain future criminal

justice contacts

Principles of Interviewing

1. Interview should occur as soon as possible after crime.

2. Setting must be as safe, comfortable, and private as possible (more

information will be shared).

3. Introduce self and state reason for your presence.

4. Establish an honest rapport with victim.

5. Listen to what the victim says (requests) and react to his/her needs.

6. Remember the goal of interviewing is to get information from the other

person. Talk only enough to keep him talking and to maintain necessary
control over the interview.

7. Observe both verbal and non-verbal communication.

8. Ask the victim to state in his/her own words what happened.

9. Do not argue with the victim.

POLICY & PROCEDURE SERIES #307 Page 12 of 15

10. Maintain strict impartiality. Don't pass judgment.

11. Avoid making any suggestions during the interview.

12. Don't jump to conclusions in an effort to summarize.

13. Help prepare victim for future contact with the justice system.

Techniques of Questioning

1. Questions should be simple.

2. Questions should be asked one at a time to avoid confusion.

3. Questions should not be worked to give the impression of an implied

answer.

4. Allow the victim to "save face" if a mistake is made in answering.

5. Project a positive attitude and ask questions in a positive manner.

6. Silence is not to be taken as a negative attitude. It allows time to think and

clarify responses.

7. Interviewer must not dominate the interview. The victim needs to regain
control lost during the crime.

8. Ask open-ended questions to increase the amount of information that will be

given. Do not ask "yes" or "no" closed questions except at the beginning of
interview when it is important for victim to gain some measure of control by
simple decision making.

Verbal/Non-Verbal Techniques

1. Eye contact--Direct eye contact is important for communicating to the victim

that one is listening and concerned.

2. Body posture--Monitor one's body posture to determine what is being

communicated (leaning towards victim indicates interest, sitting upright and
rigid indicates impersonality, arms crossed and stern look provokes anxiety).

3. Uniform--Remove hat and turn down radio.

4. Personal distance--Closeness to victim expresses concern, too close is less

than two feet (can be threatening), greater distance increases formality.
POLICY & PROCEDURE SERIES #307 Page 13 of 15

5. Touching--Help the victim's initiation of touching by putting forth hand or

placing it close on table to allow victim to reach out (as a beacon to the
victim, officer allows the victim to touch for reassurance if he or she so
desires without undue pressure).

6. Vocalization--The volume, speed, pacing of speech is important:

a. Speak to victim in slow, soft voice.

b. Allow a few seconds between questions.
c. Pacing questions slowly gives the impression of patience and
concern.

7. Note taking--Ask permission to take notes first. Explain that note taking is
necessary for accuracy.

8. Active listening--Use the skills of listening:

a. clarification;
b. summarization;
c. allowing silence.
 POLICY & PROCEDURE SERIES #307 Page 14 of 15

Interview Interrogation

Why (purpose)

To gather and to test validity of information to gather and to test validity of information to
to determine the particulars of the matters determine that the subject was responsible for,
under investigation. or involved in, the matter under investigation

Who (subject)

Victims and witnesses who are willing to Persons suspected of crimes as well as others
provide police with any information they who may have information but are reluctant to
possess about the matter under offer it.
investigation.

When (timing)

Interviews should take place as soon as Interrogations should take place ideally when
possible after the event has occurred so the investigation has gathered enough
statements of witnesses are not affected information to know how truthful the subject is.
by memory loss, influence of talking to They are more fruitful after witnesses and
others, and other factors. Immediate victims have been interviewed and physical
gathering of information enables the evidence has been located and evaluated.
investigator to prepare for interrogation of
suspects.

Where (location)
The police station is best since it enables the
At a place convenient and familiar to the officer to control completely the security of the
subject; or in a neutral setting. The subject as well as other factors that might tend
subject's home, place of business, or any to be distracting.
other place where privacy is assured, is
preferred.

How (method)
Basically, the same method as with interviews
Low pressure, informal atmosphere is but the atmosphere is more formal and the
preferred to allow the subject to tell in officer works toward a more specific purpose.
narrative style what he or she has to offer.
Specific questions should be used to
gather more detail and to jog the witness's
memory.
POLICY & PROCEDURE SERIES #307 Page 15 of 15
 POLICY & PROCEDURE SERIES #308 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
7/1/18
ASSET FORFEITURE PROCEDURES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.03.05 a-e

I. PURPOSE:

The purpose of this general order it to outline the department's participation in asset
forfeitures from drug enforcement cases, and to state responsibilities of the asset
forfeiture coordinator.

II. POLICY:

A constitutional amendment to state law permits law enforcement agencies to

benefit directly from the seizures made in narcotics or drug investigations.
Formerly, in order to receive financial assistance through seized assets, law
enforcement agencies had to use the federal forfeiture process. We intend to
aggressively enforce narcotics and dangerous drug laws, and where our personnel
make a substantial seizure of property according to state law, we may begin
forfeiture proceedings. Whatever assets we recover through the forfeiture process,
whether money or property, will be applied to legitimate enforcement needs,
primarily to carry out other drug enforcement strategies. Under no circumstances
will personnel select enforcement targets because of the expected financial gain
accruing to the department: enforcement strategies are not dictated by profit.

III. DEFINITIONS:

A. Asset Forfeiture Coordinator (AFC): the officer designated by the Sheriff to

be conversant in state forfeiture law (to wit, Virginia Code Chapter,
particularly Sections 19.2-386.1 through .22), to identify assets in case
records and implement legal process to appropriate these assets for
department use. The AFC will also perform as liaison to the Forfeiture Asset
Dispute Committee, Criminal Justice Research Board, to other state and
federal agencies, and to the courts, as needed.
(OPR.03.05e)

B. Designated seizing agency: the agency or office which initiates the seizure,
or which retains possession of the seized property. The designated seizing
agency may be the agency chosen by mutual decision of the participating
POLICY & PROCEDURE SERIES #308 Page 3 of 3

agencies.

C. Assets: Includes both in-kind property and proceeds. In-kind property

consists of whatever an agency can put to immediate use. Anything of
value seized in association with a drug transaction is an asset for purposes
of this order. Proceeds refer to whatever money is raised through sale of
property of a kind not immediately useful.

IV. PROCEDURES:

A. Responsibilities of the Asset Forfeiture Coordinator (AFC).

1. Reviews all police reports to identify property subject to forfeiture.

2. Ensures that all seizures for forfeitures are reported to the

Department of Criminal Justice Service
(OPR.03.05a)
3. Reports to the Sheriff on all matters pertaining to forfeiture
proceedings.

4. Chooses and coordinates with vendors hired to manage seized

property. (OPR.03.05b)

5. Coordinates, where possible, with other agency representatives, as

designated by the Sheriff, for "pre-seizure" planning meetings to
evaluate target assets to ascertain ownership and the existence of
liens or encumbrances.

The planning effort will make every reasonable effort to identify

innocent lienholders to avoid inconveniencing them.

If the agency wishes to participate in state forfeiture procedures, the AFC shall:

6. Coordinate with the commonwealth's attorney to enter a default

judgment against persons who fail to respond to the court within 30
days to defend against seizure of their property.

7. Apply to DCJS for return of in-kind property for legitimate law

enforcement use.

8. Coordinate with the commonwealth's attorney, or other officials as

necessary to obtain a commercial sale of property in appropriate
cases.

9. Coordinate with other agencies participating in a joint criminal

investigation to agree on which agency will become the designated
POLICY & PROCEDURE SERIES #308 Page 3 of 3

seizing agency for purposes of forfeiture proceedings. Negotiate with

participating law enforcement agencies for a suitable division of
assets.

a. Where agencies seize property pursuant to membership in a

regional task force, the AFC will forward to DCJS a copy of the
interagency agreement or contract that authorizes the task
force.

b. The AFC will assist inter-jurisdictional coordination to ensure

that localities maintain separate forfeitures accounts and
auditing procedures. Similarly, the AFC will track cases in
which the department is involved but is not the primary seizing
agency.

10. Ensure that the locality's certification (that the proceeds will be used
for law enforcement purposes only and will not supplant existing
resources) is submitted to DCJS, and renewed annually by the town
manager.

11. Ensure that money seized is forwarded to DCJS in check form.

Coordinate with the county treasurer, as necessary. (OPR.03.05c)

B. The Sheriff or his designee shall:

1. Prepare checks to DCJS as soon as possible upon receipt by the

agency of forfeited funds from drug transactions.

2. Prepare and maintain records on all property accruing to the agency

through drug forfeitures and retain these records for a minimum of
three years.

3. Annually conduct an audit of all property seized attendant to drug

transactions, including an audit of all property subjected to forfeiture
proceedings. Forward a copy of all audits to DCJS upon request.

4. Compile and retain a file of all receipts for cash or property obtained
and sold or otherwise disposed of through asset forfeitures
procedures.

5. Ensure compliance with state and federal guidelines for asset

forfeiture.
(OPR.03.05d)

C. If the agency elects to pursue forfeiture through federal proceedings,

then the AFC will not notify DCJS.
POLICY & PROCEDURE SERIES #308 Page 3 of 3
 POLICY & PROCEDURE SERIES #309 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
SEARCH & RESCUE 7/1/18
(Missing and Endangered Persons) APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.05.01g

I. PURPOSE

The purpose of this policy is to establish procedures when dealing with the report of
missing, lost or runaway persons that are believed to be inside the jurisdictional
limits of the county of King William.

II. POLICY

The King William Sheriff’s Office performs search and rescues that deal with
missing persons thought to be located inside the boundaries of the county of
King William. These searches may be for a lost, runaway, or missing child or a
mentally ill patient or elderly person. (OPR.05.01g)

III. PROCEDURES

A. Search:

1. When a report of a missing person has been received, the officer

receiving the complaint will take notes and record all pertinent
information pertaining to the subject in question, such as:

a. the description of the subject (age, height, weight, race)

b. the last seen or known clothing of the subject

c. the last known location of the subject

d. possible destination of the subject

e. name of person who last saw the subject

POLICY & PROCEDURE SERIES #309 Page 2 of 2

f. local addresses of any relatives or friends

g. name, telephone number and address of current guardian;

and

h. any other pertinent information that applies

2. The officer will immediately notify the supervisor.

3. The supervisor will:

a. Inform, or have dispatch advise all on-duty officers of the

information described section A above.

b. Call for assistance from the State Police when needed

(NOTE: Notification of the Sheriff, or his designee, shall be
accomplished as soon as practicable, prior to requesting
assistance from other jurisdictions).

c. Initiate a physical search, utilizing on-duty personnel, of the

area in which the subject was last seen as well as arrange
for follow-up searchers based on any other available
information received.

d. Expand the search when needed, to the route most likely

taken by known family members or friends.

e. Notify a tracking K-9 when needed.

f. Mobilize Emergency Response personnel when needed.

g. Coordinate through the dispatch center, providing periodic

updates to be provided to all personnel involved when new
information is received.

B. Rescue:

In the event the subject is located and is in need of medical treatment

and/or specialized units for rescue, the supervisor will notify the dispatcher
of the units needed on scene. The dispatcher shall direct the units
requested by the supervisor to the scene. These units may include, but
are not limited to: King William Fire Department and Rescue Squad,
Mangohick Fire and Rescue, West Point Fire and Rescue.
 POLICY & PROCEDURE SERIES #310 PAGE 1 OF 10
SUBJECT EFFECTIVE DATE
7/1/18
CHILD ABUSE INVESTIGATIONS APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

NOTE:
This rule or regulation is for internal use only, and
does not enlarge an officer's civil or criminal
liability in any way. It should not be construed as the
creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims.
Violations of this directive, if proven, can only form
the basis of a complaint by this department, and then
only in a non-judicial administrative setting.
__________________________________________________________________

INDEX WORDS:

Child abuse
Child neglect
Dispatcher responsibilities (re: child abuse/neglect)
Interviewing (children)
Investigator responsibilities (re: child abuse/neglect)
Patrol responsibilities (re: child abuse/neglect)

I. POLICY:

It is the policy of the Sheriff’s Office to protect and

ensure the safety and welfare of the children in this
jurisdiction. Coordination with other criminal justice and
social service agencies is a necessity. Initial
responsibility for investigation of such cases lies with the
Sheriff's Office. Law enforcement must assume leadership in
the prevention of child victimization and in the prosecution
of offenders.

II. PURPOSE:

To establish guidelines for investigating crimes in

which the victims are children.
III. PROCEDURES

A. General responsibilities:

1. "Child" refers to any person under the age of 18

years.

2. Agency personnel shall be aware of local social

service agencies for cases involving child victims.
Deputies shall know how and when to contact agency
representatives, especially Child Protective
Services (CPS) and Juvenile and Domestic Relations
Court.

a. CPS--statewide number to call (800) 552-7096

(directly call your local number)

In circumstances involving no imminent danger

to a child, a deputy shall record
complainant's name, address, telephone
number, and pertinent information concerning
the alleged abuse or neglect and transmit
this information immediately to CPS, and they
shall jointly determine the proper course of
action.

b. Juvenile and Domestic Relations Court

If the deputy finds a child in a situation,

which presents an imminent danger to the
child's health or life, the deputy may take
the child into custody without parental
permission if a court order is not
immediately available form the court.
Otherwise, the court may grant the deputy an
emergency removal order, and a hearing shall
be held as soon as practicable, but not later
than 5 days.

3. Agency personnel shall be trained and knowledgeable

about child abuse and neglect, its effects on
children, and how to identify it. (See Appendix 1
to this order.)

4. All personnel interacting with child victims shall

 use appropriate communication skills.

5 All deputies shall know the sections of the

Virginia Code that pertain to crimes most commonly
committed against children:

a. child abuse--VA Code 63.1-248.2, 16.1-228

b. child neglect--VA Code 18.2-371-1, 18.2-371,
18.2-314
c. sexual exploitation of children (rape)--VA
Code 18.2-61
d. child abduction/kidnapping--VA Code 18.2-47-
49

7. The agency shall work with local schools and

agencies to educate children to identify and
prevent their own victimization and to provide
community awareness.

B. Dispatcher (communication center) responsibilities:

1. The dispatcher must refer all calls of this nature

immediately to a deputy

2. The dispatcher shall obtain the following

information to give to the deputy or detective
assigned to the case:

a. child's name, age, and address;

b. child's present location;

c. parents'/guardians' names and addresses;

d. nature and extent of injury or

condition;

e. complainant's name, location, and

relationship to the child.

3. It is important to give support and reassurance to

the complainant regarding the appropriateness of
the report and its confidentiality, if applicable.

4. If there is a report of possible sexual assault,

refer to sexual assault procedures.
C. Patrol responsibilities:

1. Arrival at scene: Obtain all pertinent information

from the dispatcher.

2. Initial contact:

a. If the patrol deputy suspects child abuse, he

or she shall explain the police role in
ensuring the health and safety of the child.

b. If entry to the home is refused and the

deputy feels entry is necessary, he/she may
gain entry in one of several ways.

(1) In a non-emergency, obtain a court order

or a search warrant from a magistrate or
juvenile court judge (VA Code 16.1-246).
(2) In an emergency, forced entry without a
warrant is legal when there is probable
cause that a child is in danger.

c. The deputy shall immediately ensure the

safety of the child. Summon an ambulance or
administer First Aid, if necessary. Reassure
the child that he or she is safe now and that
the child has done nothing wrong.

3. Transport the child victim to a safe place, if

necessary. This may include a local, court-
approved juvenile shelter.

4. If the child is a victim of sexual assault, refer

to sexual assault procedures. Personnel from the
Victim Assistance Program or Quin Rivers Victim
Crisis Center may be summoned to assist.

5. Interviewing the victim.

a. Child victims require special treatment. To

minimize the number of times the child will
have to tell his story, coordinate with other
agencies (example: CPS, the courts) before
interviewing. If the child is the victim of
possible parental abuse, some strategies to
consider include the following.

(1) The child's age--he may be too young to

interview (a child's capacity to deal
with information differs form an
adult's).

(2) Interviewing the child may deteriorate

even further the parent-child
relationship.

(3) Observe and note child's reactions

during the initial contact.

(4) Interviewing the victim of child sexual

abuse requires particular skills.

(5) Usually the parents should not be

present during the interview of the
child (the child may be afraid to tell
the truth).
(6) The deputy must be sensitive to the
emotional stress of the child due to the
interview itself (some children may not
even understand that the behavior of the
parents has been abusive or neglectful).

(7) Inform the child of the parents'

awareness of the interview.

(8) The deputy shall not appear to be taking

sides against the parents. Children
will generally become defensive if
someone criticizes their parents, even
if they agree.

(9) The interview shall be conducted in

language the child understands.

(10) The interview shall always include what

will happen next and how the deputy will
use the child's information.

(11) Provide reassurances to an anxious child

victim by expressing belief in the
child's story and an understanding of
 the child's dilemma.

b. Allow a supportive person to be present

during the interview for a child's emotional
comfort (e.g., non-abusive parent or child
advocate).

c. At the beginning of the interview, the deputy

shall attempt to gain the child's confidence.
The deputy shall introduce himself or herself
to the child, give the purpose of his or her
presence, and attempt to conduct the
interview on an informal, friendly basis with
the child. If the interview is tape-recorded,
allow the child to test his or her voice
before it begins.

d. The deputy must try to determine the

emotional state of the child. Is the child
ready to tell the truth and to talk about the
incident? If not, delay the interview to a
more appropriate time.

e. Encourage young child victims to be active

(play with a toy, draw a picture, hold a
stuffed animal) during the interview. This
will relax the child and allow for a more
thorough interview.
f. If the deputy decides that the child is in
need of supervision he cannot or is not
getting in the home, the deputy shall so
inform the child. In deciding whether
protective custody is needed, the deputy
shall be guided by:

(1) the maltreatment in the home, present or

potential;

(2) evidence of abuse, torture, or neglect

by the parent;

(3) the parents' refusal to obtain needed

medical or psychological care of the
child;

(4) parental anger and discomfort by the

 officer's investigative efforts which
are directed toward the child;

(5) evidence that the parents cannot provide

for the child's basic needs;

(6) there is a history of prior

offenses/allegations in which the child
is the victim.

g. See Victim Services, interviewing the victim

procedures.

6. Interviewing witnesses (including the

parents/guardians).

a. Create an atmosphere of support and

understanding. Remain non-judgmental until
all the facts are known.

b. The deputy must communicate in a friendly

manner and allow the adults to express their
anger and fears concerning the incident.

c. Assess resistance to the interview. It may

be in the form of denial, uncooperative
attitude or explanations of how
uncontrollable the child is.

d. If the deputy prepares to interview the

suspect, he shall give Miranda warnings in
accordance.

e. If parental child abuse is suspected,

interview each parent separately and be alert
to any apparent vagueness or inconsistencies
in the explanations each gives for the
allegation. Parents shall be told the reason
for the interview and be treated with
respect.

f. Witnesses may be reluctant to discuss a

family with a deputy (due to fear of
retaliation or because of breaking
confidentiality). Deputies shall explain the
use of any information provided and that
 efforts will be made to maintain the identity
of witnesses in confidence.

g. See Victim Services, interviewing witnesses

procedures and appendices.

7. See Victim Services, patrol responsibilities,

regarding procedures for:
crime scene preservation;
completing the crime report;
property control;
media relations.

D. Investigator responsibilities:

1. Child victims have little power and depend on

police officers and social service agencies to take
action in whatever way is needed to lessen their
victimization. The Investigator shall determine
whether or not criminal prosecution is the best
means to achieve that end.

2. The Investigator shall place a high priority on

coordinating and communicating with social service
agencies involved in the child victim's case (e.g.,
CPS, Juvenile and Domestic Relations Court, court-
appointed guardian, or child advocate).

3. Either the investigator or the deputy must make an

oral report of child abuse/neglect to the
Department of Social Services. A copy of the
offense report must be sent of Social Services.

a. In severe cases of abuse, the deputy shall

ask the dispatcher to contact Social Services
so that a case-worker can respond.
 Child Abuse and Neglect Guidelines

ABUSE INDICATORS

Recognizing Physical Abuse:

Injuries on several surface areas of the body
Injuries in various stages of healing
Complications arising from old injuries
Non-accidental bruising patterns
The shape of an instrument imprinted on the skin
Cigar/cigarette burns

When the Parent:

Presents an explanation of the injury inconsistent with
appearance of the injury
Is evasive or vague
Presents a contradictory history
Gives a history of repeated injury
Is reluctant to give information
Projects cause of injury onto a sibling/third party
Oral threats against the child
Is psychotic or psychopathic
Personally misusing drugs/alcohol

When the Child:

Has an unexplained injury
Is unusually fearful, non-spontaneous, refuses to speak
in front of parents
Overly eager to please adults
Shows evidence of overall poor health

NEGLECT INDICATORS

Living Conditions
Consider the child's complete environment
Avoid associating low income as synonymous with neglect
Burned-out or condemned building (unsafe housing)
Unsanitary conditions--human and animal waste on floors
Lack of heat in hours during winter months
Danger of fire from open heating units
Children sleeping on cold floors or dirty/wet beds
Infestation of rodents (rats/mice)

HEALTH HAZARDS

Malnutrition--underweight and small in stature

 Undernourishment with poor living conditions
Lack of food in the house for children
Lack of medical care provided for children
Emotional damage from poor conditions, verbal abuse

Physical and Behavioral Indicators of Abuse and Neglect

TYPE OF ABUSE PHYSICAL INDICATORS BEHAVIORAL INDICATORS

PHYSICAL Unexplained Bruises and Welts: Wary of adult contacts
ABUSE - on face, lips, mouth
- on torso, back, buttocks, thighs Apprehensive when other children
- in various stages of healing cry
- clustered, forming regular patterns
- reflecting shape of article used to Behavioral extremes:
inflict (electric cord, belt buckle) - aggressiveness, or
- on several different surface areas - withdrawal
- regularly appear after absence, weekend
or vacation Frightened of parents

Unexplained Burns: Afraid to go home

- cigar, cigarette burns, especially on
soles, palms, back or buttocks Reports injury by parents
- immersion burns (sock-like, glove-like,
doughnut shaped on buttocks or
genitalia)
- patterned like electric burner, iron,
etc.
- rope burns on arms, legs, neck or torso

Unexplained Fractures:
- to skull, nose, facial structure
- in various stages of healing
- multiple or spiral fractures

Unexplained Lacerations or Abrasions:

- to mouth, lips, gums, eyes
- to external genitalia

PHYSICAL Consistent hunger, poor hygiene, Inappropriate Begging, stealing good

NEGLECT dress
Extended stays at school (early
Consistent lack of supervision, especially in arrival and late departure)
dangerous activities or long periods
Constant fatigue, listlessness or
Unattended physical problems or medical needs falling asleep in class

Abandonment Alcohol or drug abuse

Delinquency (e.g. thefts)

States there is no caretaker

TYPE OF ABUSE PHYSICAL INDICATORS BEHAVIORAL INDICATORS
SEXUAL ABUSE Difficulty in walking or sitting Unwilling to change for gym or
participate in physical Education
Torn, stained or bloody underclothing class

Pain or itching in genital area Withdrawal, fantasy or infantile

behavior
Bruises or bleeding in external genitalia,
vaginal or anal areas Bizarre, sophisticated, or unusual
sexual behavior or knowledge
Venereal disease, especially in pre-teens
Poor peer relationships
Pregnancy
Delinquent or run away

Reports sexual assault by caretaker

EMOTIONAL Speech disorders Habit disorders (sucking, biting,

MALTREATMENT rocking, etc.)
Lags in physical development
Conduct disorders (antisocial,
Failure-to-thrive destructive, etc.)

Neurotic traits (sleep disorders,

inhibition of play)

Psychoneurotic Reactions
(hysterias, obsession, compulsion,
phobias, hypochondria)

Behavior extremes:
- compliant, passive
- aggressive, demanding

Overly adaptive behavior:

- inappropriately adult
- inappropriately infant

Developmental lags (mental,

emotional)

Attempted suicide

Important Telephone Numbers

for Assistance in Suspected Child Abuse Case

1. Virginia Child Abuse Hotline 1 (800) 552 – 7096

2. Virginia Missing Child Information 1 (800) 822 - 4453

3. King William Social Services 769 – 4987

4. King William Victim/Witness Director 769 – 4159

5. Quin Rivers Domestic Violence Assistance 966 - 5020

 POLICY & PROCEDURE SERIES #401 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
7/1/2018
TAKE HOME VEHICLE PROGRAM APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS

I. PURPOSE:

The purpose of this policy is to provide guidance in the usage of the police
vehicle as transportation to and from the officer’s primary residence.

II. POLICY:

a. Sworn employees are permitted to use their assigned vehicles for direct
transportation to and from their primary residence providing the one-way
mileage does not exceed twenty (20) miles.

b. For the purpose of this policy, mileage shall be determined by driving from
the residence to the closest county line. A supervisor will measure the
distance.

c. The location where the vehicle is housed will be the officer’s primary
residence and will be subject to approval of the Sheriff.

d. The assignment of police vehicles shall be under the direction of the

Sheriff.

e. Sworn employees are reminded that the police vehicle is an emergency

vehicle and is recognized by the public as such, and shall respond to
emergencies observed during the operation to and from their primary
residence.

f. Because it is an emergency vehicle it will not be used as a source of

transportation for family members or other unauthorized civilians.

g. Use of departmental vehicles is limited to official police business only.

Personal or recreational use is not allowed. Any deviation from this policy
must require prior supervisory approval.

h. All matters of compliance with this policy shall be referred to the Sheriff.
POLICY & PROCEDURE SERIES #104 Page 2 of 2

III. EMPLOYEE RESPONSIBILITIES

a. Each employee is responsible for the care and maintenance of

his/her assigned vehicle. Should maintenance and or repairs be
required it is the officer’s responsibility to ensure the vehicle is
taken to a repair facility that has been approved by the Sheriff.

b. To ensure security of the vehicle and the contents therein, the

vehicle shall be parked at the Sheriff’s Office while on extended
vacation or leave.
 POLICY & PROCEDURE SERIES #402 PAGE 1 OF 2

SUBJECT EFFECTIVE DATE

7/1/18
VEHICLE OPERATIONS
(NON-EMERGENCY) APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.02 a-d
OPR.01.03 a-c
OPR.01.04
OPR.01.06 a-c

I. PURPOSE:

The purpose of this policy is to establish procedures governing the operation of

police department vehicles and accountability and regulation of their use.

II. POLICY:

Personnel of the King William County Sheriff’s Office who operate department
vehicles shall comply with the safe driving procedures and the rules outlined
herein.

III. PROCEDURES:

A. General

1. All vehicles shall be driven safely and properly in full compliance

with all traffic laws and regulations.

2. Under certain conditions, the Code of Virginia authorizes the

disregard of traffic regulations; however, both the operator and the
department are not released from civil liability for failure to use
reasonable care in such operation.

B. Routine Operations

1. Vehicles used in routine or general operations will be those

equipped with radio(s) communications, emergency lights and
siren. Marked vehicles shall be conspicuously marked so a citizen
may recognize the vehicle as a police department vehicle.
(OPR.01.02 a,b,c,d)

2. Prior to beginning a tour of duty vehicles will be inspected by the

operator to ensure all equipment is functional, and also to
determine if any damage to the unit exists. A supervisor shall be
 POLICY & PROCEDURE SERIES #402 Page 2 of 3

notified if any damage is present or equipment is missing.

Unreported damage or missing equipment will be the responsibility
of the officer.

3. Seat belts and shoulder straps shall be worn by all officers and
passengers during operation. Prisoners shall be seat belted
whenever possible.

The only exceptions are:

a. On approach to a scene of an incident or call for service

where the officer believes a rapid departure from the vehicle
may be required. The seat belt shall be worn while the
vehicle is under emergency conditions.

b. Officers who determine that circumstances exist in the

transportation of persons in custody that would render the
seat belt impractical or unsafe. (OPR.01.04)

4. Department vehicles are to be utilized by appointed officers while

engaged in operations or duties pertaining to the business of the
sheriff’s office.

5. Vehicles should not be left running for extended period of time

unless circumstances exist requiring such. Vehicles may
idle in the event of cold temperatures for the purpose of warming the
vehicle.

6. Fuel cards are assigned to the vehicle and should be kept with the
vehicle at all times.

7. Officers shall carry their sheriff’s office identification and weapon

when operating a department vehicle.

8. Officers shall remove weapons and any other sensitive equipment

prior to having the vehicle serviced at a private garage or
dealership.

9. Officers shall be responsible for requesting service for the vehicle

when necessary.

10. Laptop or tablet computers or other wireless communication

devices shall not be used while the vehicle is in motion.
(OPR.01.06b, c)

11. Phone calls may be conducted while operating the vehicle in a non-
 POLICY & PROCEDURE SERIES #402 Page 3 of 3

emergency mode. Texting while driving is strictly prohibited.

(OPR.01.06a)

12. Family members or any unauthorized persons shall be not

transported in a department vehicle without prior approval of the
Sheriff.

C. Unmarked Vehicle Use:

Unmarked vehicles are generally assigned to administration or

investigations personnel. Nothing however precludes them from being
used in patrol operations.

1. Unmarked vehicles shall be equipped with radio(s)

communications, emergency lights and siren. (OPR.01.03 a-c)

D. Accidents Involving Department Vehicles:

1. In the event of a collision with an object or another vehicle on a

highway, a supervisor shall be notified. If possible the
Virginia State Police shall investigate all collisions occurring
on the highway.

2. In the event that the collision occurred on private property the

employee involved shall notify a supervisor. The supervisor
shall make a determination as to the investigation of the accident.

3. In all cases, the employee involved shall submit to their supervisor

a detailed report as to the circumstances involving the
incident.
 POLICY & PROCEDURE SERIES # 403 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
EMERGENCY VEHICLE OPERATION 7/1/18
APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.01 a-c

I. POLICY

A. It shall be the policy of this office that all members operate department
vehicles in the safest manner possible.

B. All members operating organizational vehicles are responsible for observing

the traffic laws of the Commonwealth of Virginia.

C. Any police vehicles being operated as an emergency vehicle must have

both the emergency lighting (blue) and siren systems in operation.
(OPR.01.01c)

II. PURPOSE

The intent of this policy is to provide all police officers with guidelines for the
operation of emergency vehicle in an attempt to increase the safety to all
concerned.

III. PROCEDURE

A. Emergency vehicle operation is authorized in situations which demand the

immediate presence of the officer in order to protect a person from possible
death or serious injury, including but not limited to: (OPR.01.01b)

1. In response to motor vehicle accidents involving death, serious injury,

or likelihood of such injury due to the location/condition of the
accident scene.

2. Calls for emergency assistance from another officer or law

enforcement agency personnel.

3. Response to violence oriented calls, i.e. large fights, civil

disturbances and shootings.
POLICY & PROCEDURE SERIES #403 Page 2 of 2

4. Response to felony in progress calls where the threat of injury or

personal safety is probable.

B. When operating a police unit during emergency response, the officer must
exercise extreme caution at all times and is responsible for the safe
operation of the vehicle when operating as an emergency vehicle. The
safety of the officer and citizen must be of paramount concern. Officers will
operate vehicles in accordance with the Code of Virginia, Section 46.2-920.

1. Proceed past any steady or flashing red signal, traffic light, stop sign,
or device indicating moving traffic shall stop if the speed of the vehicle
is sufficiently reduced to enable it to pass a signal, traffic light, or
device with due regard to the safety of persons and property.

2. During an emergency response, emergency lights and siren shall be

activated as required by law.

3. When emergency signal devices are deactivated, the operator of the

emergency vehicle shall comply with posted speed limits, obey all
traffic control devices and signals, and proceed in a manner
consistent with normal traffic flow.

C. It is not mandatory that an officer operate a police vehicle as an emergency

vehicle when the officer feels because of the distance involved, safety
factors, etc., that response would not be adversely affected.

D. When responding to other than emergency calls, the officer shall respond as
quickly as possible while still cognizant of his/her duty to adhere to the traffic
laws and ordinances. (OPR.01.01a)

E. Officers and passengers shall wear safety belts when driving or riding in
police vehicles, except when circumstances dictate otherwise.
 POLICY & PROCEDURE SERIES #404 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
7/1/2018
MOBILE COMMAND-CRIME SCENE APPROVED
UNIT J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.08 a-c

I. PURPOSE:

The purpose of this policy is to provide guidance in the operation and

usage of the department’s mobile command-crime scene unit.

II. POLICY:

Personnel authorized to operate the mobile command-crime scene unit

shall adhere to the guidelines outlined herein. Certain situations or
incidents may arise facilitating the need for a unified command or detailed
crime scene response.

III. PROCEDURES:

A. Circumstances requiring the use of the Unit (not all inclusive):

(OPR.01.08a)

1. Coverage of Special Events

2. Hostage/Barricade Situations
3. Bomb Threats
4. Active Shooter Incidents
5. Civil Disturbances
6. Natural or Manmade Disasters
7. Homicides or other major crime
8. VIP Security
9. Major Traffic Incidents or Traffic Checking Details
10. Mutual Aid to other agencies

B. Activation & Operation

1. The Sheriff or supervisor may authorize the activation of the unit.

Officers within the department shall follow the chain of command if
requesting the unit.

2. Once the unit has been authorized, the operating officer shall
ensure the vehicle is ready for duty and note any deficiencies in a
memo to the Captain.
POLICY & PROCEDURE SERIES #404 Page 2 of 5

3. The operator shall notify dispatch that they are responding to the
designated scene with the unit.

4. Once on scene the operator shall establish the unit in a safe but
practical area. If the unit is being requested by another agency, the
operator will consult with the requesting agency as to the location of
the unit.

5. The King William County Sheriff’s Office shall maintain operational

control at all times with the unit. Only department personnel
authorized to operate the unit shall do so.

6. The unit shall not be used in any pursuit or high speed

response.

7. If the unit has been designated as a unified command post the

operator shall obey the orders of the official designated as Incident
Commander.

8. The operator shall ensure that the vehicle is secure if left

unattended.

9. The operator shall note in the incident report the use of the unit.

10. When available, the operator should utilize a spotter to aid in the
backing of the unit to minimize the risk of damage.

11. The operator shall ensure all equipment is returned to the unit
once the operation is complete. Any damaged or missing
equipment shall be noted and reported to the Captain as soon as
possible.

C. Training of Authorized Operators (OPR.01.08b)

1. Before any officer may operate the unit, they must complete the
training requirements set forth by the Sheriff. This is to include both
the operation and basic maintenance of the vehicle and its
equipment. See Appendix B

2. Documentation of training shall be maintained by the Training

Officer in the individual officers training record. Continuing
education and training shall be conducted on an as needed basis.
POLICY & PROCEDURE SERIES #404 Page 3 of 5

D. Equipment

1. The unit shall be equipped with emergency lighting, siren, and radio
for communications.

2. Crime scene processing equipment shall be stocked and added as

deemed necessary by the department. See Appendix A for
required equipment. (OPR.01.08c)

3. An inspection of the equipment on board shall be done in

accordance with P&P 116, Inspections.
POLICY & PROCEDURE SERIES #404 Page 4 of 5

Appendix A
 POLICY & PROCEDURE SERIES #404 Page 5 of 5

Appendix B
(OPR.01.08c)
 POLICY & PROCEDURE SERIES #405 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
7/1/18
MARINE UNIT APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.08 a-c

I. PURPOSE:

The purpose of this policy is to provide guidance in the operation and

usage of the department’s Marine Unit.

II. POLICY:

Personnel authorized to operate the Marine Unit shall adhere to the

guidelines outlined herein. Certain situations or incidents may arise
facilitating the need for a unified command or detailed crime scene
response.

III. PROCEDURES:

A. Circumstances requiring the use of the Marine Unit (not all inclusive):

(OPR.01.08a)

1. Search and Rescue

2. Evidence Collection
3. Directed Marine Patrol

B. Activation & Operation

1. The Sheriff or supervisor may authorize the activation of the Marine

unit. Officers within the department shall follow the chain of
command if requesting the unit.

2. Once the unit has been authorized, the operating officer shall
ensure the vehicle is ready for duty and note any deficiencies in a
memo to the Captain.

3. The operator shall notify dispatch that they are responding to the
designated scene with the unit.

4. Once on scene the operator shall establish the unit in a safe but
practical area. If the unit is being requested by another agency, the
operator will consult with the requesting agency as to the location of
POLICY & PROCEDURE SERIES #405 Page 2 of 5
the unit.

5. The King William County Sheriff’s Office shall maintain operational

control at all times with the unit. Only department personnel
authorized to operate the unit shall do so.

6. The operator shall ensure that the vehicle is secure if left

unattended.

7. The operator shall note in the incident report the use of the unit.

8. When available, the operator should utilize a spotter to aid in the

backing of the unit’s trailers to minimize the risk of damage.

9. The operator shall ensure all equipment is returned to the unit

once the operation is complete. Any damaged or missing
equipment shall be noted and reported to the Captain as soon as
possible.

C. Training of Authorized Operators (OPR.01.08b)

1. Before any officer may operate the unit, they must complete the
training requirements set forth by the Sheriff. This is to include both
the operation and basic maintenance of the vehicle and its
equipment. See Appendix B

2. Documentation of training shall be maintained by the Training

Officer in the individual officers training record. Continuing
education and training shall be conducted on an as needed basis.

D. Equipment

1. The unit shall be equipped with emergency lighting, siren, and radio
for communications.

2. Equipment shall be stocked and added as deemed necessary by

the department. See Appendix A for required equipment.
(OPR.01.08c)

3. An inspection of the equipment on board shall be done in

accordance with P&P 116, Inspections.
 POLICY & PROCEDURE SERIES #405 Page 3 of 5

Appendix A
 POLICY & PROCEDURE SERIES #405 Page 4 of 5

Appendix B
(OPR.01.08c)
 POLICY & PROCEDURE SERIES #406 PAGE 1 OF 5
SUBJECT EFFECTIVE DATE
7/1/18
ALL TERRAIN VEHICLES (ATV) APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.08 a-c

I. PURPOSE:

The purpose of this policy is to provide guidance in the operation and

usage of the department’s All Terrain Vehicles (ATV).

II. POLICY:

Personnel authorized to operate ATV’s shall adhere to the guidelines

outlined herein. Certain situations or incidents may arise facilitating the
need for a unified command or detailed crime scene response.

III. PROCEDURES:

A. Circumstances requiring the use of ATV’s (not all inclusive):

(OPR.01.08a)

1. Search and Rescue

2. Evidence Collection
3. Special Events
4. Surveillance

B. Activation & Operation

1. The Sheriff or supervisor may authorize the use of the ATV’s.

Officers within the department shall follow the chain of command if
requesting the ATV’s.

2. Once the ATV’s have been authorized, the operating officer shall
ensure the vehicle is ready for duty and note any deficiencies in a
memo to the Captain.

3. The operator shall notify dispatch that they are responding to the
designated scene with the ATV’s.

4. Once on scene the operator shall establish the unit in a safe but
practical area
POLICY & PROCEDURE SERIES #405 Page 2 of 5
5. The King William County Sheriff’s Office shall maintain operational
control at all times with the units. Only department personnel
authorized to operate the units shall do so.

6. The operator shall ensure that the vehicle is secure if left

unattended.

7. The operator shall note in the incident report the use of the unit. .

8. The operator shall ensure all equipment is returned to the unit

once the operation is complete. Any damaged or missing
equipment shall be noted and reported to the Captain as soon as
possible.

C. Training of Authorized Operators (OPR.01.08b)

1. Before any officer may operate the ATV’s, they must complete the
training requirements set forth by the Sheriff. This is to include both
the operation and basic maintenance of the ATV’s and its
equipment. See Appendix B

2. Documentation of training shall be maintained by the Training

Officer in the individual officers training record. Continuing
education and training shall be conducted on an as needed basis.

D. Equipment

1. The unit shall be equipped with helmets to be used during

operation.

2. Equipment shall be stocked and added as deemed necessary by

the department. See Appendix A for required equipment.
(OPR.01.08c)

3. An inspection of the equipment on board shall be done in

accordance with P&P 116, Inspections.
 POLICY & PROCEDURE SERIES #405 Page 3 of 5

Appendix A
 POLICY & PROCEDURE SERIES #405 Page 4 of 5

Appendix B
(OPR.01.08c)
 POLICY & PROCEDURE SERIES #407 PAGE 1 OF 3
SUBJECT EFFECTIVE DATE
7/1/18
USE OF CELLULAR PHONES/MOBILE
DATA TERMINALS/WIRELESS DEVICES APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS OPR.01.06

I. POLICY:

Cellular telephones will be issued to designated personnel requiring such use

in the performance of their duties. Designated personnel are issued mobile
data terminals to be used in the performance of their duties. Other wireless
devices may also be used in the assigned agency vehicles to assist in the
performance of official duties.

II. PURPOSE:

The purpose of this policy is to provide guidelines for the safe and proper use
of cellular telephones, mobile data terminals and/or other wireless devices in
agency vehicles.

III. PROCEDURES:

A. General Guidelines
1. Personnel will use cellular telephones/mobile data terminals
and/or other wireless devices in a manner that is conducive to
the safe operation of motor vehicles and in accordance with the
manufacture’s instruction. It is recommended that the vehicle be
safely stopped out of the movement of traffic for extended non-hands-
free usage and for the usage of mobile data terminals, and/or other
wireless devices, if made available.
The operator’s main focus shall continue to be safety.
2. Confidential conversations should not be held on cellular
telephones and/or other wireless devices as they are not a secure
means of communication and may be monitored.

B. Cellular Telephone Usage

While it may occasionally be necessary to use issued cellular
telephones for personal calls, the telephones are provided for
business purposes and personal use should be held to a minimum.
C. Abuse of Cellular Telephones
1. The Sheriff or his designee will review cellular
telephone bills.

2. Employees exceeding normal billing rates will be interviewed

to determine if valid justification exists for the overuse.

3. When abuse is detected, the employee will be counseled

and the incident documented. Employees failing to correct
the abuse in a timely manner may have cellular telephone
privileges suspended or terminated. Any overuse charges
may be deemed the responsibility of the individual assigned
the telephone.

D. Mobile Data Terminal System

1. Only approved Sheriff's Office personnel shall have access to
the Mobile Data Terminal System. This is accomplished
through the utilization of an assigned "USER ID" and a user-
defined password as approved by NCIC/VCIN.

2. Under NO CIRCUMSTANCES will any member of this Office

give their password to anyone else or allow anyone else to
log on to the system using their personal information
3. Personnel will secure the system when leaving their
terminal. Personnel must log off the system at the end of
their tour of duty.

4. All users shall be certified at the appropriate level

VCIN/NCIC operator prior to using the mobile data system.

5. Criminal history information shall not be transmitted to

a mobile terminal.

6. All mobile data terminals shall be secured at all times to

prevent all unauthorized persons from accessing the
NCIC/VCIN system or from viewing any information obtained
via the VCIN system.

7. The loss or theft of mobile data equipment shall be

reported in writing to the Chief Deputy immediately so
that notification can be made to the Criminal Justice
Information Services Division Commander at the Virginia
State Police Headquarters.

8. All information obtained via VCIN that resides on the

mobile data terminal must be deleted after it has served
the purpose for which it was obtained.

9. VCIN/NCIC connections shall not be used if the mobile data

terminal is removed from the patrol vehicle or a law
enforcement facility.
 10. Mobile data terminals may be used to communicate from car-
to-car, car-to-base, and to inquire into databases of the
NCIC/VCIN and NLETS systems, except for criminal
histories.

11. All information obtained via the NCIC/VCIN network shall

be for criminal justice purposes only and shall be
disseminated and disposed of in accordance with
NCIC/VCIN policy.

12. Deputies operating Sheriff’s vehicles

equipped with computer terminals should refrain from
operating these terminals while the vehicle is in motion.
There are times, however, when the need for information is
critical to the performance of duty. In these cases, deputies
are advised to use extreme caution when and how they
operate the terminal while the vehicle is in motion.

E. Other wireless devices

All other wireless devices shall be used in a manner that is
conducive to the safe operation of motor vehicles and in
accordance with the manufactures instructions. It is recommended
that the vehicle be safely stopped out of the movement of traffic
for extended non-hands free usage of any wireless device used in
an agency vehicle.
The operator’s main focus shall continue to be safety.
 POLICY & PROCEDURE SERIES #501 PAGE 1 OF 2
SUBJECT EFFECTIVE DATE
7/1/18
PLANNING & RESEARCH APPROVED
J.S. Walton, Sheriff
DISTRIBUTION AMENDS/SUPERSEDES/CANCELS VLEPSC STANDARDS
ALL MANUALS ADM.10.01

I. PURPOSE:

The purpose of this order is to define the planning and research function of the
King William County Sheriff’s Office.

II. POLICY:

In order to remain current and abreast of the latest policies and trends in law
enforcement, the King William County Sheriff’s Office has placed an emphasis on
planning and research. (ADM.10.01)

III. PROCEDURES:

A. It is the responsibility of the Sheriff to make sure that the required planning
and research function is accomplished so decisions can be made for
changes.

B. Changing trends in police work and techniques will be constantly

monitored and changes implemented as necessary.

C. Planning and research shall include awareness in:

1. Changing trends in law enforcement;

2. Changing techniques related to law enforcement;

3. Policy changes;

4. Constitutional law changes;

5. Statutory law changes;

6. County data statistics;

7. Department statistics;

8. Community concerns;
POLICY & PROCEDURE SERIES #501 Page 1 of 2

D. The King William County Sheriff’s Office will allow training to all
department employees to ensure all personnel remain current on changes
of the situations listed above.