HCSD — Standard Operating Procedures

341.1 PURPOSE AND SCOPE

This policy establishes guidelines for the use of canines to augment police services in the community, including but not limited to locating individuals and contraband and apprehending criminal offenders.

341.2 POLICY

It is the policy of the Hartwell County Sheriff’s Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. All handlers, supervisors, coordinators, and managers will adhere to the use of force policy and guidelines set forth in Supreme Court case law Graham v Connor.

341.3 AUTHORIZATION

Deputy Sheriffs seeking to become Patrol Bureau K9 Unit Deputies must obtain permission before deploying a canine/K9 from the Sheriff. No exceptions.

341.4 CANINE COORDINATOR

The canine coordinator shall be appointed by and directly responsible to the Operations Division or the authorized designee.

The responsibilities of the coordinator include but are not limited to:

• Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program.
• Maintaining a liaison with the vendor kennel.
• Maintaining a liaison with command staff and functional supervisors.
• Maintaining a liaison with other agency canine coordinators.
• Maintaining accurate records to document canine activities.
• Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines.
• Scheduling all canine-related activities.
• Ensuring the canine teams are scheduled for regular training to maximize their capabilities.
• Prepare a year end summary to the Sheriff outlining all canine deployments, training, and narcotics seized.

341.5 REQUESTS FOR CANINE TEAMS

Patrol Operations Division members are, at times, encouraged to request the use of a canine. Requests for a canine team from units outside of the Operations Division shall be reviewed by the on-duty patrol supervisor.

341.5.1 OUTSIDE AGENCY REQUEST

All requests for canine assistance from outside agencies must be approved by the Watch Commander and are subject to the following:

• Canine teams shall not be used for any assignment that is not consistent with this policy.
• The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable.
• Calling out off-duty canine teams is determined by the on-call Duty Officer.
• It shall be the responsibility of the canine handler to coordinate and communicate directly with agency personnel in order to minimize the risk of unintended injury.
• It shall be the responsibility of the canine handler to complete all necessary reports or as directed.

341.5.2 PUBLIC DEMONSTRATION

All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine coordinator prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine coordinator.

341.6 APPREHENSION GUIDELINES

A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has committed, is committing, or is threatening to commit 69 PC, or any serious or violent offenses listed under Penal Code 667.5 or 1192.7(c) and if any of the following conditions exist:

• There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any Law Enforcement Officer, or the handler.
• The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance.
• The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of Law Enforcement Officers or the public.

It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. The handler is responsible for their canine at all times and are accountable for any force that results from use.

Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit a serious offense, mere flight from a pursuing deputy, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Watch Commander. Absent a change in circumstances that presents an imminent threat to deputies, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual.

In all applications, the handler shall constantly reassess use of the canine and adjust deployment during the incident as appropriate. Once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler shall secure the canine as soon as it becomes reasonably practicable.

If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler shall promptly command the canine to release the suspect.

341.6.1 PREPARATION FOR DEPLOYMENT

Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene shall carefully consider all pertinent information reasonably available at the time. The information should include but is not limited to:

• The nature and seriousness of the suspected offense.
• Whether violence or weapons were used or are anticipated.
• The degree of resistance or threatened resistance, if any, the suspect has shown.
• The suspect's known or perceived age.
• The potential for injury to deputies or the public caused by the suspect if the canine is not utilized. A reasonable effort to ensure no other persons are in a search area if the canine is off leash.
• Any potential danger to the public and/or other deputies at the scene if the canine is released.
• The potential for the suspect to escape or flee if the canine is not utilized.
• The containment of the suspect if an established perimeter is present. If perimeter is present, the on-scene supervisor will advise perimeter units to standby until the arrival of the canine.

As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury.

It is the canine handler's responsibility to evaluate each situation prior to deployment and determine whether the use of a canine is appropriate and reasonable. The evaluation may include, but is not limited to, communication with involved deputies, outside agency personnel, witnesses, victims, and/or first-hand observations. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable.

A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine.

341.6.2 WARNINGS AND ANNOUNCEMENTS

Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. This standardized announcement will be provided by the canine coordinator and will be used by all handlers prior to deployment.The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary.

If a warning is not to be given, the canine handler, when practicable, should first advise the supervisor of his/her decision before releasing the canine. In the event of an apprehension, the handler shall document in any related report how the warning was given and, if none was given, the reasons why.

341.6.3 REPORTING DEPLOYMENTS, BITES, AND INJURIES

Handlers should document canine deployments in a canine use report. Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor shall be promptly notified and the injuries documented in the canine use report. The handler shall document in a crime report the circumstances surrounding the use of the canine to apprehend the suspect and the necessity to use force. A report should be sent to the District Attorney requesting charges for the underlying offense and/or resisting arrest. Any injuries associated with the canine deployment shall be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries shall also be included in any related incident or arrest report.

Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the canine coordinator. Unintended bites or injuries caused by a canine should be documented in an administrative report, not in a canine use report.

If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual's injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current Hartwell County Sheriff’s Department evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired.

Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685).

341.7 NON-APPREHENSION GUIDELINES

Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine's suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non-apprehension operation, the following guidelines apply:

• Absent a change in circumstances that presents an imminent threat to deputies, the canine, or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located.
• Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine.
• Throughout the deployment, the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known.
• Once the individual has been located, the handler should place the canine in a down stay or otherwise secure it as soon as reasonably practicable.

341.7.1 ARTICLE DETECTION

A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries.

341.7.2 NARCOTICS DETECTION

A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including:

• The search of vehicles, buildings, bags, and other articles.
• Assisting in the search for narcotics during a search warrant service.
• Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause.

A narcotics-detection trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics.

341.7.3 BOMB/EXPLOSIVE DETECTION

Because of the high risk of danger to the public and deputies when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including:

• Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located.
• Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains).
• Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives.
• Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected.

At no time will an explosive-detection trained canine be used to render a suspected device safe or clear.

341.8 HANDLER SELECTION ( AN AT-WILL ASSIGNMENT AT THE DISCRETION OF THE

SHERIFF) The minimum qualifications for the assignment of canine handler include:

• A deputy who is currently off probation who has demonstrated a history of good decision making.
• Residing in an adequately fenced single-family residence (minimum 5-foot-high fence with locking gates).

(c)

• Living within the Hartwell County Sheriff’s Department County limits.
• Agreeing to be assigned to the position for the working life of the dog.
• Must have no rating below a 3 on the last completed Performance Appraisal Report.
• Must have supervisors recommendation in addition to no sustained use of force violations within a 12 months period.
• Must be sufficient in oral and written communications.
• Must be physically capable for the demands of the position.

341.9 HANDLER RESPONSIBILITIES

The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions.

The canine handler will be responsible for the following:

• Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm.
• The handler shall maintain all office equipment under his/her control in a clean and serviceable condition.
• Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine coordinator so that appropriate arrangements can be made. At no time will a canine be left in the supervision of unqualified personnel.
• When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Hartwell County Sheriff’s Department.
• Handlers shall permit the canine coordinator to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy.
• Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine coordinator as soon as possible.
• When off-duty, the canine shall be in a kennel provided by the County at the home of the handler. When a canine is kenneled at the handler's home, the gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler.
• The canine should be permitted to socialize in the home with the handler's family for short periods of time and under the direct supervision of the handler.
• Under no circumstances will the canine be lodged at another location unless approved by the canine coordinator or Administrative Bureau.
• When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Administrative Bureau.

341.9.1 CANINE IN PUBLIC AREAS

The canine should be kept on a leash when in areas that allow access to the public.

Exceptions to this rule would include specific law enforcement operations for which the canine is trained.

• A canine shall not be left unattended in any area to which the public may have access.
• When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine.

341.10 HANDLER COMPENSATION

The canine handler shall be available for call-out under conditions specified by the canine coordinator.

The canine handler shall be compensated for time spent in the care, feeding, grooming, and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement (29 USC § 207).

341.11 CANINE INJURY AND MEDICAL CARE

In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine coordinator or Administrative Bureau as soon as practicable and appropriately documented.

All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained by the canine coordinator.

341.12 TRAINING

Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified to meet current nationally recognized standards or other recognized and approved certification standards established for their particular skills.

The canine coordinator shall be responsible for scheduling periodic training for all office members in order to familiarize them with how to conduct themselves in the presence of office canines. Because canines may be exposed to dangerous substances such as opioids, as resources are available, the canine coordinator should also schedule periodic training for the canine handlers about the risks of exposure and treatment for it.

All canine training shall be conducted while on-duty unless otherwise approved by the canine coordinator or Administrative Bureau.

341.12.1 CONTINUED TRAINING

Each canine team shall thereafter be recertified to meet POST standards and a current nationally recognized standard or other recognized and approved certification standards on an annual basis.

Additional training considerations are as follows:

• Canine teams should receive training as defined in the current contract with the Hartwell County Sheriff’s Department canine training provider.
• Canine handlers are encouraged to engage in additional training with approval of the canine coordinator.
• To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is not reviewed and approved by the Office.

341.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING

Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties.

341.12.3 TRAINING RECORDS

All canine training records shall be maintained in the canine handler's and the canine's training file. Those records will also be reviewed, stored and maintained by the canine coordinator.

341.12.4 TRAINING AIDS

Training aids are required to effectively train and maintain the skills of canines. deputies possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Hartwell County Sheriff’s Department may work with outside trainers with the applicable licenses or permits.

341.12.5 CONTROLLED SUBSTANCE TRAINING AIDS

Deputies acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(g)). The Sheriff or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Hartwell County Sheriff’s Department to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this office for training purposes, provided the controlled substances are no longer needed as criminal evidence.

As an alternative, the Sheriff or the authorized designee may request narcotics training aids from the Drug Enforcement Administration (DEA).

These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics.

341.12.6 PROCEDURE FOR RELEASE OF CONTROLLED SUBSTANCES FROM

PROPERTY DIVISION FOR K9 TRAINING PROGRAM Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine's accidental ingestion of these controlled substances, the following procedures shall be strictly followed:

The K9 Coordinator will notify the Property Division of intent to seize. The Property Division will confirm the item is available and eligible for K9 disposition.

Once the Property Division has confirmed the item is available, they will notify the K9 Coordinator of such.

The K9 Coordinator will then provide the Property Division with the following information by way of a signed Sheriff's approval memorandum or an Order of the Court:

• The original HCSD case number under which the substance was booked
• Suspected narcotic/drug type
• Quantity booked
• The quantity must be between 0 and 28 grams
• The item will be packaged as a single item and will be taken in its entirety
• There will be no separating or "breaking down" of any larger quantities.
• Inter-agency authorization or Order of the Court
• If the item was booked under an HCSD case number in which no prosecution was sought, an interagency authorization is required. If the item was seized pursuant to a search warrant, or as evidence in a case which criminal prosecution was sought, an Order of the Court is required. Property Division will notify the K9 Coordinator when the item is ready for release ,this should occur within two business days.

The K9 Coordinator will respond to the Property Division, along with the K9 handler who will be possessing the item(s), and prepare the item for seizure. This will include:

1. Unpackage the item
2. Testing the suspected substance
3. Identify the substance
4. Weigh the substance
5. Take possession of the item pursuant to HS 11367.5 The K9 Handler who will possess the substance will draw a supplemental report in RIMS to the original case number, documenting the above procedures, including the test results, weight at time of seizure, the item number for the substance, and that the item was seized for use as a K9 training aide. If the original case number was not an HCSD case, a new HCSD case number must be taken and the original will be referenced. The court order or internal authorization memorandum shall be scanned into the case file in RIMS. The Property Division will update the location of the item to indicate "K9 Training Program".

The K9 Coordinator and handler will ensure that the substance is properly secured and stored while in his/her custody/ This will include monthly inspections, and weigh ins by the K9 Coordinator.

Pursuant to HS 11367.5c(1) the controlled substance shall remain in the custody and control of the handler who seized the item. Only that handler may utilize the substance. When the controlled substance is no longer needed for training, or annually (whichever comes first) the K9 Handler and K9 Coordinator will meet in the Property Division and do the following:

1. Test the substance
2. Weigh the substance
3. Account for any deviation from previous weight(s)
4. Package the item appropriately for booking
5. Return the item to the Property Division for destruction The K9 Handler will draw another supplemental report to the original case documenting the return process, including the test results and return weight of the substance.

341.12.7 EXPLOSIVE TRAINING AIDS

Deputies may possess, transport, store, or use explosives or destructive devices in compliance with state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41).

Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following:

• All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials.
• An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored.
• The canine coordinator shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter.
• Only members of the canine team shall have access to the explosive training aids storage facility.
• A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian.
• Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

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