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Subject: Vice
Complaints, Investigations, & Arrests |
Series Number
Change 307 01 Effective
Date April 05, 1974
Revision
Date October 29, 1979 |
The purpose of this
order is to establish the procedures to be followed by members of the force in
handling vice complaints, investigations, and arrests. This order consists of
the following parts:
PART I Responsibilities and Procedures for Members
of the Department
PART II Responsibilities and Procedures for Special Assignment Personnel
PART III Responsibilities
and Procedures for Supervisory and Command Personnel
PART I
A. Morals Division Vice Control Number.
1. Whenever any member of the force, other than Morals Division personnel, arrests any person for violation of the vice laws; receives a vice compliant; cakes a vice visit; makes any seizure of whiskey, drugs, narcotic paraphernalia, gambling paraphernalia, or obscene material; or receives information concerning narcotic violations, that member shall, as soon as possible, notify a member assigned to the Vice Enforcement Unit or Gambling Enforcement Unit, whichever is appropriate, of the district in which the incident occurred.
2. In cases of the following type, the reporting member shall, in addition to the notification. prescribed in paragraph Al, obtain a Morals Division vice control number from the station clerk on duty in the Morals Division. The requirement to obtain a vice control number also applies to Morals Division personnel.
a. An arrest for violation of the vice lava.
b.
Seizure
of whiskey, drugs, narcotic paraphernalia, gambling paraphernalia or obscene
material.
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3. in
the case of vice arrests, the Morals Division vice control number shall be
recorded on the arrest records at the arresting members assigned organizational
element with a notation that PD Form 68 has been prepared.
4. Under
these procedures, the Morals Division shall not be contacted by district
personnel for a Vice Control Number for a vice complaint that is to be
investigated by a district vice unit and in which neither an arrest nor a vice
related seizure has been made.
B. PD Torn 6b (Vice Report).
1. All vice arrests, vice complaints, vice violations, and vice visits shall be reported to the commander of the district in which the incident occurs on PD Form 68, a separate report being prepared for each incident. (NOTE: For the purpose of this order, “vice” shall include all forms of vice activity including gambling, with the distinction between vice and gambling being made only in the enforcement responsibilities.) In addition to PD Form 68, an offense report shall be prepared when applicable. both reports shall include the Morals Division vice control number, when applicable, and the name of the member in the district Vice or Gambling Enforcement Unit who was notified. These reports shall be reviewed by an official of the appropriate vice unit in the district of occurrence.
2. PD Form 68 shall be distributed as follows when the reporting officer is assigned to the district in which the incident occurred and the case is of the type delineated in paragraph A2 above:
a. Original
and one copy shall be forwarded by the district commander, in a sealed
envelope, to the Director, Morals Division.
b. One
copy shall be retained by the reporting district and shall be filed in the
districts vice street address file.
3. When
the case does not involve one of the two conditions delineated in paragraph A2,
only an original of PD Form 68 is necessary to be retained in the district’s
vice street address file.
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4. In
cases where an incident occurs in a district other than the district to which
the reporting officer is assigned, and the incident is of the type delineated
in paragraph A2, the reporting officer shall advise the station clerk on duty
in the Morals Division of this fact upon obtaining a vice control number. The
reporting officer shall then submit, through channels, to the commander of his
assigned district an original and three copies of PD Form 68. The district
Commander shall retain one copy to be filed in a folder for “forwarded vice
complaints” in the district’s vice street address file and shall forward one
copy in a sealed envelope to the commander of the district in which the
complaint occurred. The original and remaining copy shall be forwarded as
outlined in part I, paragraph 62a above.
C. Classification of Vice Complaints.
1. Vice Complaints shall be classified in the following manner:
a.
Active - all cases which are currently under
investigation.
b.
inactive - all cases that have been terminated by
arrest, but have the potential of reoccurring at the location.
c. Closed
- all cases which have been determined to
be unfounded complaints or in which the arrest of the violator can be
classified as a one-time occurrence. Also inactive cases which have been
reclassified as closed.
2. Classification of these cases shall be subject to review by the Director, Morals Division.
D. Personnel Seizing Telephones.
1. All units removing telephones shall notify the secretary of the Gambling Section on the day of removal unless removal occurs after 1600 hours, in which case notification shall be made by 0900 hours the following morning. Notification shall include:
a.
Location
of seizure,
b.
Telephone
number at location,
c. Name
of person the telephone is listed under,
d. Number
of telephones removed, and
e. Whether
or not the telephone is the property of C
& P Telephone Company.
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2. If
the phone is the property of C & P, it shall not be put on the unit’s
Property Book. Instead, it shall be delivered by the seizing officer to the
Gambling Section office the day following the seizure.
3. If
the telephone is not the property of C & P, it shall be put on the unit’s
Property Book and processed according to General Order 601.1.
4. if
the telephone to be removed is a public coin telephone, the investigating
officer shall notify the secretary at the Gambling Section to arrange removal.
PART II
A.
District
Vice Files.
There shall be established and maintained
in each district the following files in connection with the enforcement of vice laws:
1. Vice
Street Address File.
This
file shall be kept locked and shall consist of a complete record of the
premises suspected or known to be in violation of the vice laws. A folder for
each premises shall be established to include all applicable PD Forms 68 and
copies of all reports of incidents concerning the premises or persons suspected
in connection with the premises (e.g., ABC violations, General License Law
violations, altercations, and arrests). In cases involving arrests on public
space only PD Form 68 need be filed. All folders shall remain in this file
whether the case is active, inactive, or closed.
2. Cross
Index Vice File.
The cross index vice file shall consist of a name file and an address tile. The name file shall be made up of 3 z 5 inch fan fold cards filed alphabetically by the last name of each person suspected of or involved in the violation of vice laws. The address file shall be made up of 3 x 5 fan fold cards filed alphabetically and numerically by the street address or the location of each vice complaint. These cards shall be retained in accordance with the department’s Record Disposition and Retention Schedule and the following information: Name and address of person involved (separate cards for each person if more than one), address of vice complaint, Morals Division vice control number when applicable, kind of violation (e.g., narcotics, gambling, P & P), and date of report. If a vice activity should change location, a new card shall be prepared for the new location. The old location card shall be retained in the file with a notation referring to the new address.
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B. Disposition of Closed Cases.
When
a case is closed, this fact shall be noted on all cards pertaining to the case.
The date that the closed case is forwarded to the Morals Division shall also be
noted on the cards. These cards shall be retained in accordance with the
department’s Records disposition and Retention Schedule and shall be available
to the watch commander at all times to enable verification of new complaints.
PART III.
A. District Commanders.
1. Each district commander is responsible for vice conditions within the geographic area of his command. He shall work in close cooperation with the Director, Morals Division, and shall discuss vice matters periodically with him with a view toward suppressing vice within his particular district, in the event the Morals Division needs assistance, the director may call upon district commanders.
2. District commanders shall establish within their commands a Vice Enforcement Unit which shall be responsible for the enforcement of all vice laws except gambling, and a separate Gambling Enforcement Unit which shall be responsible lot the enforcement of all gambling laws. Assignments to these units shall be in accordance with the provisions of General Order 201.1 (Selection and Compensation of Police Personnel for Non-Uniformed Assignments). The Field Operations Officer shall review and approve the number of personnel assigned to each district Vice and Gambling Unit. Each unit shall be headed by an official who shall report directly to the district commander. District commanders shall assign all vice and gambling complaints to the officials in charge of the Vice and Gambling Enforcement Units for investigation.
3. District commanders shall insure that an up-to-date list of all known or suspected places of vice activity within their district is made readily available to all members under their command by the officials in charge of the Vice and Gambling Enforcement Units, unless such disclosure might jeopardize an active investigation.
4. in
instances where suspects move from one district to another during the course of
an investigation, commanders shall have PD Form 68 prepared reporting this
fact. One copy of PD Form 68 shall be forwarded to the commander of the
district to which the suspect has moved along with all available information on
the suspect. One copy of PD Form 68 shall be retained in the originating
district’s vice street address file.
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5. District
commanders shall have all PD Forms 68 reporting vice arrests forwarded to the
Director, Morals Division, as soon as possible, but no later than the fifth
calendar day following the date the arrest occurred.
B. District
Vice and Gambling Enforcement Officials.
1. The officials assigned as heads of the district Vice and Gambling Enforcement Units shall conduct intensive investigations using every legal means to complete action on all cases assigned to them by the district commander. They shall be authorized to utilize the lull resources of the district, to include officers and officials not assigned to the enforcement units. They shall call upon the district commander to furnish undercover personnel when such personnel are required. They shall submit a progress report on PD Form 68 on each new active complaint within 90 days after receiving such complaint. These reports shall be distributed as provided in part lB.
2. If
the officials are unable to complete action in any given case, they shall
report this fact on PD Form 68 to the district commander, stating any and all
action taken and other information in the case. The district commander shall in
turn forward, as set forth in part IB, such vice reports stating his reason as
to why it has not been possible for the district to handle the violation and,
if necessary, request the assistance of the Morals Division. The district shall
continue efforts to abate the violation. Where appropriate, commanders shall
initiate action under the provisions of the D.C. Criminal Code, Section 25-139
(Alcoholic Beverage Nuisance) and Section 22-27 12 (Abatement of Nuisance).
3. Unless
instructed otherwise by an official of this department, the assignment of vice
complaints to the Vice and Gambling Enforcement Units shall not prevent other
members of the force from taking action against the premises or persons
involved in the complaint.
C. The official-in-charge of the Gambling
Section shall ensure that a liaison
is maintained with C & P and that:
1. Telephonic
and written notification is made to C & P of all seizures;
2. Arrangements
with C & P to disconnect public telephones are made;
3. All
C & P telephones which are seized are placed on the Morals Division
Property Book;
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4. C
& P is notified when there is an accumulation of 15 or more telephones so
that they can be picked up;
5. Following
removal by C & P of telephones, PD 81A's, signed by the C & P
personnel, are attached next to the appropriate entry in the Property Book; and
6. Requests
from C & P concerning the status of a case are honored.
D. Undercover Officers.
During
times of civil disturbances, the Morals Division undercover officers and the
undercover officers assigned to the districts shall be used in intelligence
gathering under the supervision of the inspectional Services Officer.
Undercover officers shall not be put into uniform for any reason while so
assigned.
E. Director, Morals Division.
1. The
Director, Morals Division, and the District Commanders are hereby assigned
joint responsibility for vice conditions throughout the District of Columbia.
2. Officials
of the Morals Division and of the Patrol Districts shall maintain close
liaison, through appropriate channels, regarding vice conditions and the need
for improved enforcement.
3. The
Director, Morals Division, shall keep the Chief of Police and other appropriate
officials advised as to the status of drug, gambling, liquor, and obscenity law
enforcement within the District of Columbia. He shall submit to the Chief of
Police a report in triplicate, on or before the fifth day of each month, as to
vice enforcement activities for the preceding month.
4. In
addition to his operational responsibility for vice enforcement, the Director,
Morals Division, is also assigned staff responsibility for developing,
proposing, and instituting new programs, techniques, and procedures for vice
enforcement and for developing and proposing relevant, updated training in vice
enforcement for all police personnel.
5. The
Director, Morals Division, upon receiving a request for assistance, shall, if
justification exists, assign the complaint to a member of his division who
shall investigate and report the results of the investigation on PD Form 68 to
the Director, Morals Division. A copy shall be forwarded to the district
commander requesting assistance.
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6. The
Director, Morals Division, shall have staff supervision over all officers
assigned to undercover vice investigations. All requests for the services of an
officer for vice undercover investigations shall be submitted in writing to the
Chief of Police, Attention: The Director, Morals Division, at least 7 days
prior to the effective date. The Director, Morals Division, shall maintain a
current list of potential undercover officers for use by all elements of the
department and will coordinate with the Director, Training Division, with a
view toward avoiding conflict with Training Division commitments.
7. The
Director, Morals Division, shall act as liaison in all matters pertaining to
vice enforcement which require communication or cooperative effort between an
organizational element of this department and any other agency (government or
private). Members of this department shall not contact any other agency
(government or private) regarding matters pertaining to vice enforcement
without first notifying the Director, Morals Division. The provisions of this
paragraph shall not apply to members assigned to the Inspectional Services
Bureau.
