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Subject: METROPOLITAN POLICE DEPARTMENT’S |
Series Number Change 310
07 Effective Date
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The purpose of this order is to define the jurisdictional
and operational responsibilities of the Metropolitan Police Department in
relation to the District of Columbia Housing Authority Police Department. This
order consists of the following parts:
PART I Responsibilities and Procedures for
Members of the Department
A. Policy.
B. Definitions.
C. General.
D. Arrests and Prisoner Processing.
E. Records and Information Systems.
F. Warrants.
G. Reporting Requirements/Notifications.
H. Criminal Investigations.
I. Administrative Investigations.
J. Property and Evidence.
K. Juveniles.
L. Traffic and Towing.
M. Radio Communications.
PART II Responsibilities and Procedures for Special
Assignment Personnel
A. Court Liaison Division.
B. Resolution of Conflicts.
PART I
A. Policy.
1. It
is the policy of the Metropolitan Police Department to support the District of
Columbia Housing Authority Police Department’s ability to execute its mission
to prevent crime, protect life and property, and preserve the peace and safety
of the residents, buildings and grounds of the District of Columbia Housing
Authority.
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B. Definitions.
1. “DCHA” means the District of Columbia Housing
Authority.
2. “HAPD”
means the District of Columbia Housing Authority Police Department.
3. “HAPD
officer” means a sworn police officer, of any rank, of the District of Columbia
Housing Authority Police Department.
4. “HAPD
special police officer” means a commissioned special police officer employed by
the District of Columbia Housing Authority Police Department.
5. “Housing
Authority community” means the area within 300 feet of a public housing complex
or other real property owned or managed by the DCHA.
6. “Housing
properties” means any of the public housing complexes owned or managed by the
DCHA.
7. “Housing
Authority property” means actual property owned or operated by the DCHA, not
including any public space or the area within 300 feet of DCHA property
that is included in the legal definition of “Housing Authority community.”
C. General.
1. The
HAPD is charged by the “District of Columbia Housing Authority Act of 1994”
with “the duty of enforcing the laws, ordinances, rules and regulations of the
District of Columbia in the Housing Authority Community, and the rules and
regulations of the Authority.”
2. The
Metropolitan Police Department and the HAPD have concurrent jurisdiction within
any Housing Authority community.
3. HAPD officers and special police officers
have full powers of
arrest within Housing authority
communities.
a. HAPD
arrest authority is limited to offenses committed upon or against Housing
Authority communities.
b. The
arrest authority of HAPD special police officers is limited to the property
owned and/or administered by the DCHA, and does not include the area
within 300 feet of a public housing complex or property.
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c. These
limitations do not prevent HAPD officers or special police officers from making
arrests outside of Housing Authority communities when in fresh pursuit of a
suspect.
4. HAPD
officers have the power to execute any Notice of Infraction or criminal process
issued by any court of the District of Columbia within Housing Authority
communities.
5. HAPD
special police officers may issue Notices of Infraction for parking violations
committed on Housing Authority property.
6. Except
in minor situations, the MPD shall provide crowd control services for
demonstrations or disturbances within Housing Authority communities.
a. Upon
receipt of a request from the HAPD for assistance with a demonstration or
disturbance, members shall
immediately notify the patrol district watch
commander.
b. The
watch commander shall notify the watch commander, Special Operations Division,
if assistance is required beyond the resources available in the patrol
district.
7. Upon
request and as available, the MPD shall provide the services of police canine
teams to the HAPD.
D. Processing Prisoners.
1. HAPD
officers and special police officers will respond to the patrol district
headquarters in which an arrest occurs to process their prisoners.
2. HAPD
sworn officers will process HAPD special police officer arrests that are not
handled by the special police officer.
NOTE: In instances when HAPD sworn officers
cannot handle an arrest because they are not available, or because they are on
an assignment that does not permit them to assist the HAPD special police
officer, an MPD officer shall process the case.
3. The MPD shall provide to the HAPD:
a. All
arrest booking services through the Criminal Justice Information System;
b. Support
services such as fingerprinting and photographing prisoners;
c. Detention
and confinement facilities for all prisoners;
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d. Prisoner
transportation services, upon request, for the purpose of on-scene viewing, booking,
and processing
through the courts; and
e. Medical
treatment and/or hospitalization for prisoners in accordance with the
procedures outlined in General Order 502.7 (Medical Treatment and
Hospitalization for Prisoners).
NOTE: Prisoner transports and guard details for
prisoners requiring medical treatment or hospitalization must be
provided by MPD officers; HAPD officers and special police officers have no
police authority/powers outside Housing Authority communities.
4. Station
personnel shall accept and process collateral for regulations enforced by the
HAPD according to existing MPD procedures.
5. Station
clerks shall arrange for the release of persons arrested by the HAPD, if the
arrested person qualifies for release under the provisions of the Citation
Release Program.
6. HAPD
detention journal cases shall be handled in accordance with the procedures for
releasing persons arrested by other law enforcement agencies, as outlined in
General Order 502.5 (Use of the Detention Journal).
E. Records and Information Systems.
1. HAPD
officers and special police officers shall have access to all MPD records
necessary for the performance of their duties and to prosecute HAPD cases. HAPD
members are responsible for obtaining such records as are required to prosecute
their cases in court.
2. The HAPD is authorized access to the
Washington Area Law
Enforcement
System (WALES) and the National Crime Information Center (NCIC). HAPD officers and special police officers are
authorized access to MPD WALES/NCIC terminals and records generated for law
enforcement purposes.
3. HAPD
records which may be necessary for the prosecution of criminal cases will be
available to sworn members of the department.
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F. Warrants.
1. The
HAPD has the authority to secure and execute warrants and other criminal
process within Housing Authority communities for offenses committed upon or
against Housing Authority communities.
a. The
HAPD does not have the authority to secure and execute warrants for offense
committed outside of
Housing Authority communities.
b. The
HAPD has the authority to secure and execute warrants against individuals who
are not residents of Housing Authority properties, but is not authorized to
execute them outside of Housing Authority communities.
2. When
requested, the HAPD shall provide assistance to the MPD within Housing
Authority communities for the execution of warrants or other criminal process
obtained by the MPD for offenses committed upon or against Housing Authority
property.
3. When
requested, the MPD shall provide assistance for the service of HAPD warrants
within Housing Authorities communities.
4. Prior
to obtaining a warrant prior to execution, HAPD officers will contact the Major
Narcotics Branch, Criminal Investigations Division, and the U.S. Attorney’s
Office to ensure that an HAPD warrant will not jeopardize an on-going MPD
investigation.
G. Reporting Requirements/Notifications.
1. HAPD
officers are responsible for reporting events occurring within Housing
Authority communities when given the primary assignment by the MPD dispatcher
to handle a call for service.
2. When preparing reports, HAPD officers will:
a. Utilize
MPD official report forms;
b. Utilize
MPD central complaint numbers; and
c. Make
and record such notifications as are required by MPD policies and procedures.
3. At
the expiration of each tour of duty, original field reports prepared by HAPD
officers will be delivered to the MPD patrol district in which the offense or
incident occurred.
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4. MPD
shall review field reports submitted by HAPD officers for accuracy of content
and classification and return them to HAPD for correction as necessary. The
HAPD will make corrections when appropriate and resubmit the report within 24
hours of receipt.
5. MPD
patrol districts shall provide the HAPD with copies of reports prepared by MPD
officers reporting offenses and incidents occurring within Housing Authority
communities.
H. Criminal Investigations.
1. The
Criminal Investigations Division shall be responsible for the follow-up
investigation of all felony offenses which occur on Housing Authority property
that fall within the investigative responsibilities of that division.
2. The
follow-up investigation of all other felony and misdemeanor offenses which
occur on Housing Authority property shall be conducted by investigators
assigned to the patrol district in which the offense occurs in accordance with
existing MPD procedures.
3. MPD officers shall:
a. Investigate
all deaths occurring on Housing Authority property;
b.
Make all
death notifications in accordance with the procedures
outlined in General Order 401 .8
(Notification
to Next of Kin in Cases of Serious Injuries
or Fatalities);
c. Investigate
all bomb threats or suspected explosive devices in accordance with the
procedures outlined in General Order 309.2 (Bomb Threats and Explosive
Devices).
Administrative
Investigations.
1. The HAPD will:
a. Receive
and investigate all citizen complaints made against HAPD officers and special
police officers;
b. Conduct
the administrative investigation of all uses of force by HAPD officers and
special police officers; and
c. Conduct
the investigation of any alleged criminal uses of force by HAPD sworn members
and special police officers
which occur within Housing Authority
communities.
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NOTE: Should a HAPD use of force case involve a
death or other serious crime requiring a follow-up investigation by MPD
investigators, the MPD shall assume responsibility for the criminal
investigation.
2. The
MPD shall conduct the investigation of any alleged criminal uses of force by
HAPD officers and special police officers which occur outside HAPD
jurisdiction.
3. The
HAPD may request the assistance of the Office of Internal Affairs to conduct
investigations of serious and sensitive matters, which the HAPD considers
beyond its ability to properly and effectively handle.
4. Administrative
investigations of special police officer commission violations by HAPD special
police officers will be conducted by the
HAPD.
a.
Violations
which involve a criminal matter occurring within Housing Authority
communities will be investigated by the HAPD.
b.
MPD
officials who observe violations within Housing Authority communities
which do not require immediate action shall report the violation to a
HAPD supervisor for investigation.
c. MPD
officials who observe violations within Housing Authority communities requiring
immediate action shall stop the offending special police officer, conduct a
preliminary investigation, and request through the radio dispatcher that a HAPD
supervisor respond and assume responsibility for the investigation.
d. MPD
officials who observe a violation by a HAPD special police officer outside
of Housing Authority communities
shall take appropriate action.
(1) If
the matter involves a criminal act, the MPD official shall handle the criminal
aspect, as well as any immediate administrative procedures. The official shall
immediately notify the HAPD which will assume responsibility for the
administrative investigation.
(2) If
the matter involves a violation of the D.C. Municipal Regulations, the MPD
official may cite the offending special police officer and report the violation
to a HAPD supervisor for further administrative action.
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e. Nothing
in this section precludes an MPD official from fully investigating a special
police officer commission
violation which he/she observes.
(1)
Such
action shall be approved by the official’s watch
commander.
(2) The
watch commander shall notify the HAPD of the incident and the fact that the
violation will be fully investigated by the MPD official.
(3) A
complete copy of the investigation shall be forwarded to the HAPD upon the
conclusion of the investigation.
f. The
HAPD will forward a copy of all completed special police officer commission
violation investigations to the Security Officers Management Branch,
Identification and Records Division.
J. Property and Evidence.
1. The
MPD shall retain and process prisoner property resulting from arrests by HAPD
officers and special police officers.
2. The
HAPD will handle all property classified as “found property” recovered by HAPD
officers or special police officers on Housing Authority property, including
the public space located within Housing Authority property.
a. In
situations where the found property is valuable, in large quantity, sensitive,
or otherwise significant and a HAPD supervisor believes the property cannot be
secured adequately by the HAPD, the supervisor may request that the MPD recover
the property.
(1) The
HAPD official will contact the appropriate patrol district watch commander to
request approval.
(2) If
the MPD watch commander approves the HAPD official’s request, the recovering
HAPD officer or special police officer shall respond to the patrol district
headquarters and process the property in accordance with the procedures
outlined in General Order 601.1 (Recording, Handling and Disposition of
Property Coming into the Custody of the Department.)
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b. Found
property recovered outside of Housing Authority property by HAPD
officers will be processed by the recovering officer in accordance with General
Order 601.1 and retained by the MPD.
c.
Found
property recovered by an MPD officer within Housing Authority property
shall be processed in accordance with General Order 601 .1 by the recovering
officer.
3. Household
goods and furniture, etc., classified as “property set out for eviction” within
Housing Authority property will be handled and monitored by HAPD personnel
NOTE: MPD involvement is limited to the extent
required to assist HAPD officers and special police officers with maintaining
public order and preventing breaches of the peace.
4. The
MPD shall retain all property recovered by HAPD officers and special police
officers that is classified as “evidence” and “suspected proceeds of crime.”
5. All
other types of property not specifically addressed in this order shall be
recovered and processed according to the procedures outlined in Part I-J-2 of
this order.
6. The
MPD shall provide services to the HAPD for processing crime scenes, evidence
collection and processing, firearms exarnnation and ballistics testing,
chemical testing, and narcotics testing.
7. Firearms
and narcotics evidence recovered by HAPD officers and special police officers
shall be processed in accordance with existing MPD policies and procedures.
8. The
MPD shall permit HAPD special police officers to sign for and transport
evidence for presentation in court or for required laboratory testing, with the
exception of firearms, narcotics and dangerous drugs, and drug paraphernalia.
a. HAPD
special police officers are prohibited from signing for or transporting
firearms, narcotics and dangerous drugs, and drug paraphernalia that are in MPD
custody classified as evidence.
b. HAPD
special police officers are authorized only to sign for evidence in
cases they will present to court.
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(Missing letter c. in original, renumbered)
d.
Since
HAPD special police officers would be listed on case documents as witnesses and
not as arresting officers, they will bring with them the following documents to
verify that they are presenting the case in court:
(1) PD
Forms 251, 252, 163, and 81;
(2) A
subpoena, if applicable; and
(3) A
DCHAPD Form 003 (Request for Release of Evidence to a DCHAPD Special Police
Officer),signed by a HAPD supervisor.
K. Juveniles.
1. HAPD
officers and special police officers arresting, contacting, or otherwise
interacting with juveniles will be guided by the procedures outlined in General
Order 305.1 (Handling Juveniles).
2. The
MPD shall provide transport services for juveniles upon the request of a HAPD
officer, special police officer, or official.
L. Traffic and Towing.
1. The
MPD and the HAPD have concurrent jurisdiction regarding traffic enforcement
responsibilities within Housing Authority communities.
2. The HAPD will:
a. Handle
all traffic accidents occurring on Housing Authority property, including
the public space located within Housing Authority property, with the
exception of:
(1) Accidents
involving fatalities,
(2) Accidents
involving MPD vehicles, and
(3) Accidents
involving serious injuries that would be more effectively handled by accident
investigators assigned to the Traffic Enforcement Branch, Special Operations
Division, subject to the agreement of the on-scene MPD and HAPD officials.
b. Handle the towing of all impounded vehicles,
except vehicles impounded as evidence;
(1) The
HAPD officer or special police officer will request MPD crane service to
impound all vehicles being held for evidence.
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(2) Vehicles
impounded as evidence will be recovered and processed in accordance with the
procedures outlined in General Order 601.1.
(3) The
HAPD officer or special police officer will notify the Telecommunications
Branch, Communications Division, of all towed vehicles.
c. Provide
towing service for all HAPD-owned vehicles.
M. Radio Communications.
1. The
HAPD is authorized to operate on the radio frequencies assigned by the Federal
Communications Commission (FCC) to the MPD, as determined by the Technical
Services Officer and approved by the Chief of Police.
2. HAPD officers and special police officers
will:
a. Transmit
and receive on the radio zones and tactical channels assigned to the patrol
districts in which their
assigned Housing Authority communities are
located; and
b. Observe all applicable FCC and MPD rules,
regulations, and protocols when transmitting and receiving radio
communications. HAPD supervisors will monitor radio transmissions by HAPD
personnel and take appropriate corrective action when necessary.
3. The Communications Division shall assign
calls for service on
Housing
Authority property, including the public space located within Housing Authority
property, to available HAPD units in accordance with the procedures contained
in General Orders 302.1 (Calls for Police Services) and 302.5 (Radio
Communications).
4. The
HAPD will be fully incorporated into the MPD Computer Aided Dispatch (CAD)
System and will provide the Communications Division and the patrol districts
with a personnel/unit deployment schedule on a daily basis.
5. If
a HAPD unit is on the scene or can respond to a call for service more quickly
than an MPD unit:
a. The
HAPD handle the advised to unit will advise the radio dispatcher that it can
call and the primary MPD unit shall then be disregard the call.
b. The same procedure applies to secondary
units; a secondary MPD unit shall only respond if a HAPD unit is not on the
scene or cannot respond more quickly than a secondary MPD unit.
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6. MPD personnel are not precluded from taking police action on Authority properties, should circumstances warrant such action.
PART II
A. Court Liaison
Division.
1. The
HAPD will utilize the Court Liaison Division (CLD) facilities and follow CLD
procedures when HAPD officers and special police officers attend court.
2. The
Computer-Assisted Notification System will be used to notify HAPD officers and
special police officers of court commitments.
3. The
Director, CLD, shall provide liaison with the HAPD concerning appropriate
procedures for use of CANS and other CLD standard operating policies and
procedures.
B. Resolution of Conflicts.
1.
When a
disagreement arises on the scene of an incident relating to the appropriate
procedure to be followed or service to be provided, by either or both agencies,
the situation shall be resolved by the MPD and HAPD supervisors. If the
on-scene officials are unable to reach an agreement, the patrol district watch
commander shall be requested to respond to the scene. In the event that the
watch commander cannot resolve the disagreement with HAPD officials, he/she
shall notify the official then in command of the department.
2.
All
incidents referred to the district watch commander or the official in command
of the department shall be documented on the official’s PD Form 150 (Tour of
Duty Supervisor’s Report). A copy of the PD Form 1 50 shall be forwarded to the
appropriate bureau head for informational purposes.
