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Subject: Forcible Entry |
Series Number
Change 309 03 Effective
Date July 03, 1986
Revision
Date * |
The purpose of this
order is to establish the policy and procedures for reporting and repairing
doors and other areas damaged as a result of Forcible entries" by members
of this department. This order consists of the following parts:
PART I Responsibilities and Procedures for Members
of the Department.
A. Policy.
B. Procedures.
PART II Responsibilities
and Procedures for Supervisory and Command Personnel
A. Commanders/Directors.
B. Director,
Property Division.
PART I
A.
Policy.
1. It
is the policy of this department to repair any door or other place of entry
that is damaged as a result of a forcible entry by a member, or members of the
department, when a member, or members may have
acted upon misinformation, misinterpretation, or erroneous judgment.
2. When
information or tips are given to members of the department by citizens or
informers, and such tips lead to forcible entries which later prove to be a
result of erroneous information, any damage to the premises shall be repaired
at the department’s expense.
3. Simply
because a search or seizure proves fruitless does not mean in itself that there
was misinformation, misinterpretation, or erroneous judge-
4. The
spirit of this policy is directed at making amends to innocent parties
who have had their doors or other places ‘of entry damaged accidentally by
members of the department who conducted a forcible entry.
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Publication |
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Effective Date |
Page Number |
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General
Order 309.03 |
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July
03, 1986 |
2
of 4 |
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5. it
is also the policy of this department that, circumstances permitting, an
official shall be present every time a member of the department serves a search
warrant or arrest warrant when there is the possibility that a forcible entry
will be sought, or could be necessary.
6. In
forcible entries where there is no apparent negligence, or error on the part of
the Metropolitan Police Department, the department assumes no obligation
whatsoever in arranging for repairs.
B. Procedures.
Members
of the department conducting a forcible entry shall:
1. Enter
the premises by the most expeditious, most cautious, and least destructive
manner.
2. As
soon as it is practical to do so, inform the occupants of the nature of
the entry and notify the senior official on duty In
the district of occurrence.
3. In
cases where he/she acted upon misinformation, misinterpretation, or erroneous
judgment, offer the occupants or owners of the premises an explanation for the
intrusion and advise them that the damage will be repaired by the police
department as soon as possible. However, members shall not express any
opinion as to the liability of the District of Columbia Government for the
damage incurred.
4. In
cases where there is no apparent negligence or error on the part of the MPD,
inform the occupants or owners of the premises that the department assumes no
obligation whatsoever in arranging for repairs. when,
after being informed, a citizen requests information regarding the procedure to
assert a claim against the District of Columbia for the damage, members should
refer the citizen to the investigation Unit of the Office of the Corporation
Counsel.
5. Upon
leaving, ensure that the premises is secured as best
as possible. This is especially important In cases of
unoccupied premises. in situations such as these, it
may be necessary to station an officer at the premises until a friend or
relative can assume responsibility.
|
Publication |
|
Effective Date |
Page Number |
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|
General
Order 309.03 |
|
July
03, 1986 |
3
of 4 |
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6. In
cases where the premises is unoccupied, and upon securing the premises, leave a
note in a conspicuous place that will identify those members responsible
for the entry and that will have instructions on how the occupant can contact
them. This notification is not required, however, when it may interfere with an
Investigation.
7. After
securing the premises and making the aforementioned notifications, submit a
completed PD Form 240 (Report of a Forcible Entry), to the Chief of Police,
through channels, giving a brief report of the incident. The report shall be
forwarded as expeditiously as possible and shall be in the Office of the Chief
of Police not later than 0900 hours the next business day.
PART II
A. Commanders / Directors.
The
commanding officer or director of the unit responsible for the forcible entry
shall:
1. Ensure
that the official responsible for the entry or the official notified of the
entry notifies the Director, Property Division, during normal working hours,
but no later than 0900 hours the next business day.
2. Ensure
that, immediately after the notification is made, a PD Form 160 (Requisition
for Supplies and Services), Part 2, is completed with a notation as to the
extent of the damages, and that it is hand-carried (with an attached copy of
the PD Form 240) to the Support Services Branch, Property Division.
B. Director, Property Division shall:
1. Immediately
upon being notified that repairs are needed as a result of a forcible entry,
dispatch the police department carpenter to repair the damage.
2. In
those cases where the police department carpenter cannot repair the damage,
notify the Director, Office 0f Finance and Management and arrange
for a private general contractor to complete repairs.
