Metropolitan Police Department Washington D.C.

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.

 

 

 

Publication

 

Effective Date

Page Number

General Order 309.03

 

July 03, 1986

2 of 4

 

 

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

General Order 309.03

 

July 03, 1986

3 of 4

 

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.