GENERAL ORDER

Use of the Detention Journal

July 16, 1990

The purpose of this order is to establish the policy and procedures for implementing the provisions of D.C. Code $4-140 and for use of the detention journal. This order consists of the following parts:

 

PART I    Responsibilities and Procedures for

          Members of the Department

 

A.   Policy.

B.   Implementing D.C. Code §4— 140.

C.   Detention Journal.

D.   Processing of Persons Arrested by Other Law Enforcement

Agencies.

E.   John Doe Procedure.

F.   Invalid Arrests.

 

PART II Responsibilities and Procedures for Supervisory and Command

Personnel

 

A.   Watch Commanders.

B.   Commanding Officers.

C.   Director, Identification and Records Division

D.   Patrol Operations Officer.

E.   Chief of Police.

 

 

Part I

 

A.   Policy

 

1.   It shall be the policy of this department to implement the provisions of D.C. Code §4-1 40, with the utmost concern for the protection of rights of accused persons, and with positive emphasis on the legislative intent of Congress, that arrested persons be accorded all applicable Constitutional and statutory protection in connection with any arrest or questioning.

 

 

 

 

 

 

 

 

 

 

2.   DC. Code §4-140 (Arrests-Limitation on the period of questioning; advisement of rights; release uncharged; admissibility of confessions) is quoted in its entirety for the information and guidance of members of the department:

 

“(a) Any person arrested in the District of Columbia may be ques­tioned with respect to any netter for a period rot to exceed 3 hours immediately following his arrest. Such person shall be advised of, and accorded his rights under applicable law respecting any such interrogation. In the case of any such arrested person who is released without being charged with a crime, his detention shall not be recorded as an arrest in any official record.”

 

“(b) Any statement, admission, or confession made by an arrested person within 3 hours immediately following his arrest shall rot be excluded from evidence in the courts of the District of Columbia solely because of delay in presentment."

 

B.   Implementing D.C. Code §4—140.

 

1.   This statute does not expand or increase the authority of police officers to make arrests. Members shall make arrests only an the basis of prob­able cause or the authority of a warrant.

 

2.   Whenever any person is arrested by a member of this department, he / she shall be transported to a police facility without unreasonable delay and the arrest shall be entered on the arrest bock. The only exception shall be, if is determined before transporting to a police facility that the arrested perso­n is entitled to be released without being charged. In such cases an official shall:

 

a.   Respond to the scene of the arrest;

 

b.   Take the information necessary to make an entry in the de­tention journal;

 

c.   Provide the arrested person with a copy of the PD Form 731 (Information to Arrestee Released Without charge);

 

d.   Authorize the release of the arrested person at the scene;

 

e.   Be responsible for making an entry in the detention journal; and

 

f.   Have the arresting officer prepare a PD Form 728 (Detention Report), which shall be reviewed and signed by the official who authorized the release.

 

 

 

3.   If the arrestee is taken to a station arid booked on the arrest ok, arid within three hours following the arrest it appears that the arrestee is entitled to be released without charge (sixth as when an alibi is offered, checked t, arid found to be valid), the watch commander shall designate a member to literate the arrest book entry and transfer the appropriate information from e arrest book to the detention journal, causing the release of the arrestee.

 

a.   If it is determined that a person arrested is entitled to be released and more than three hours have passed since the time of arrest, the person shall nevertheless be released.

 

b.   The official who authorizes the release shall ensure that a detailed explanation of the reason or reasons for the delay

is included on the PD Form 728.

 

c.   All detention reports in which persons were held for more than three hours prior to release shall be forwarded through the Patrol Operations Officer to the thief of Police for re­view.

 

d.   Under no circumstances shall an arrestee who is to be re­leased via the detention journal be required to sign the PD Form 731, or any other document, as a condition of release.

 

4.   In those cases where an arrestee has been transported to an orga­nizational element other than the element to which the arresting officer is as­signed (e.g., from a district to CID), arid it is determined by a member of that element that the arrestee should be released without being charged, the official then in command of the element to which the arrestee has been transported shall authorize the release of the arrestee.

 

a.   official who authorizes the release is responsible for ensuring that all arrest book entries pertaining to the arrestee are obliterated and that a detention journal entry is made at every organizational element where there was an arrest book entry, as well as at the element where the re­lease is authorized.

 

b.   The member who determined that the arrestee should be re­leased shall complete the PD Form 728.

 

5.   At the time of release, the arrestee shall be furnished with a copy of the PD Form 731 (setting forth basic facts relating to his/her arrest and release). He / she shall be advised that, with respect to this detention, he! she is entitled to respond negatively to any future inquiry regarding whether he/she has an arrest record.

 

 

6.   The arrest book case number shall be accounted for by forwarding the PD Form 255 (Arrest Report) to the Central Cellblock (CCB), Identification and Records Division (without any personal identification data), noting the case as one transferred to the detention journal.

 

7.   In those instances where a person is arrested arid transported to CCB, then found to be a Detention Journal Case, the supervisor shall:

 

a.   Advise the arrestee it has been determined that he/she is a Detention Journal Case and the following steps will be taken:

 

(1)  If desired, he/she will be provided with transportation back to the arresting officer’s element; or

 

(2)  If so desired, he/she may leave directly from CCB. A PD Form 731 shall be prepared in triplicate by the CCB. per­sonnel:

 

(a)  original arid one copy shall be retained for pick up by a representative of the arresting officer’s element; and

 

(b)         The remaining copy shall be given to the

arrestee.

 

b.   Notify the arresting officer’ s element watch commander of the change in the arrestee's status and whether the arrestee wishes to be transported back to the arresting element

 

c.   When applicable, allow the arrestee to make the necessary

telephone calls to secure transportation from CCB; and

 

d.   Obliterate the arrestee’s name from the Log Book.

 

8.   Neither the detention journal nor the PD 728 records shall be open to public inspection, but such record shall be available to the arrestee or his attorney.

 

 

 

 

 

 

 

 

 

 

C.   Detention Journal.

 

1.   Each organizational element of the department that maintains an arrest book shall maintain an additional record, in log book form, which shall be designated as the “detention journal.”

 

2.   The detention journal shall be used to record information on individuals that have been arrested, then released without charge, from the arrest­ing element arid shall contain the following information:

 

a. A detention journal case number;

b.   arrest book case number, if the case was transferred f ran the arrest book;

c.   Crime for which he/she was arrested;

d.   Name and element of arresting officer;

e.   Time of arrest;

f.   Time of release;

g.   Initials of official entering information on detention jour­nal; arid

h.   Signature of official authorizing the release. If the re­lease is authorized by an official of another organizational element or outside agency, his/her name arid unit shall be entered.

 

3.   Arrestees who are to be released via the detention journal shall not be unnecessarily detained while an entry is made in the detention journal.

 

a.   Once the information needed to make an entry has been obtained, the arrestee shall be given a copy of the PD Form 731 and released.

 

b.   The official who authorizes the release via the detention journal shall be responsible for:

 

(1)  Ensuring that proper entries are made in the detention journal; and

 

(2)  Causing the identifying data to be obliterated from the arrest book and transferred to the detention journal, when appropriate.

 

 

 

 

 

 

 

 

 

 

D.   Processing of Persons Arrested by Other Law Enforcement Agencies.

In all cases where a person has been arrested by another law enforce­ment agency arid it is subsequently determined that the person should be released without charge, the element watch commander shall:

 

1.   Upon being notified of an outside agency detention journal case:

 

a.   Notify the official in charge of the arresting officer’s agency to respond or cause an official of that agency to respond to the scene of the arrest or the booking element, as applicable. When the arrestee is booked by an element of this department, the responding agency official shall:

 

(1)  Make the determination to release the person; arid

 

(2)  Record all appropriate information on the element detention journal (to include his/her name and agency) and execute PD Forms 728 arid 731.

 

b.   Ensure that other law enforcement agency officials who re­spond to authorize the release of a person arrested and booked on a Metropolitan Police Department arrest book comply with the procedures set forth in this general order.

 

c.   When the arrestee is rot brought to a booking element (e.g., field arrest), it will be the responsibility of the arresting officer’s official to determine whether the person should be released without charge.

 

(1)         In this case, rx entry shall be made on the detention journal; and

(2)  The agency concerned may record such detention informa­tion in any manner it deems appropriate.

 

d.   Authorize the release of the arrested person, in compliance with this order, when the outside agency’s official does not respond within a reasonable amount of time.

 

2.   Ensure that the originals of PD Forms 728 arid 731 (outside agency cases inclusive) are forwarded to the Patrol Operations Officer, for review, with the morning papers, no later than 0900 hours on the next business day following the release of an arrestee.

 

E.   John Doe Procedure.

 

1.   If it is determined that an unidentified person who has been arrested is entitled to be released via the detention journal, arid the arrestee has refused to establish his identity, there shall be no further detention for the sole purpose of identification.

 

2.   In such cases, a John Doe entry shall be made on the detention journal.

 

 

3.   The fact that a John Doe entry was made, with a physical description of the individual and the reasons why, shall be noted on the PD Form 728.

 

F.   Invalid Arrests.

The detention journal shall be used to record the release of arrestees in every case in which it is determined that the arrestee is entitled to be re­leased without being charged and held for presentment in court. (As stated earlier, an officer’s arrest authority is unchanged by §4-140 of the D.C. Code.)

 

1.   When it is determined that an arrest was made without the reason­able belief that a valid warrant was outstanding (when one is required), or that an arrest was made without adequate probable cause, the arrestee shall be re­leased via the detention journal.

 

2.   The official who authorizes the release shall ensure that the PD Form 728 contains a detailed account of the circumstances of the arrest arid re­lease.

 

3.   In detention journal cases involving other law enforcement agen­cies, the watch commander shall ensure that the releasing official complies with Parts IC and ID of this order.

 

4.   All such reports shall be reviewed personally by the Patrol Operations Officer and the Chief of Police.

 

PART II

 

A.   Watch Commander.

The watch commander of an organizational element who authorizes the release of an arrestee via the detention journal shall:

 

1.   Cause a PD Form 731 to be prepared in triplicate, arid a PD Form 728 to be prepared in duplicate.

 

2.   Ensure that the PD Forms 728 and 731 are properly completed arid forwarded with the morning papers to the Patrol Operations Officers.

 

3.   Ensure that proper entries are made in the detention journal.

 

4.   Ensure that the identifying data is obliterated from the arrest book arid transferred to the detention journal, when appropriate.

 

5.   Ensure that the arrestee is provided with a cow of the PD Form 731 at the time of his/her release, and that the arrestee has been apprised of the following:

 

a.   The PD Form 728 arid the detention journal information is available upon request of the arrestee or his/her attorney, arid that all arrest information pertaining to this arrest is rot available to the public; arid

 

b.   All arrest information pertaining to the arrestee has been obliterated, and he/she may respond negatively to the fact that he/she has an arrest record with regard to this case.

 

6.   Ensure that the procedures in Part ID of this order are adhered to when handling outside agency detention journal cases.

 

7.   Assign an official, when appropriate, to:

 

a.   Respond to CCB to:

 

(1)  Transport the citizen back to the district station (when applicable) and complete the detention journal reports; or

 

(2)  Pick up two copies of the PD Form 731 (completed by CCB personnel upon the release of the arrestee from CXI) arid complete the PD Form 728.

 

b.   Ensure that all arrest reports and information pertaining to this arrest are destroyed and that PD Forms 728 arid 731 and a new PD Form 255 are completed.

 

 

 

 

 

 

 

 

 

 

 

 

 

B.   Commanding Officers shall:

 

1.   Investigate all cases of improper arrests or unreasonable delays in the release of arrested persons involving the detention journal, and initiate remedial or disciplinary action appropriately;

 

2.   In cases where an official f ran another law enforcement agency is not reasonably available to respond or fails to respond after being notified, cause such facts to be brought to the attention of the respective commanding

officer of the agency involved; and

 

3.   Ensure that members of their command are familiar with the information contained in this order, and monitor the use of the detention journal for strict compliance.

 

C.   Director, Identification and Records Division shall ensure that members of his/her command are familiar with this order, and adhere to the policy set forth.

 

D.   Patrol Operations Officer.

The Patrol Operations Officer shall forward to the Chief of Police those PD Forms 728 initiated as a result of the release of an arrestee who was held for more than three hours prior to his/her release, or the release of an individual due to an invalid arrest made without probable cause or the reasonable belief that a valid warrant was outstanding when one was required.

 

E.   Chief of Police shall review:

 

1.   All detention reports in which persons were detained for more than three hours prior to release; and

 

2.   All detention reports involving invalid arrests.

 

 

 

Isaac Fulwood, Jr.

Chief of Police

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