SAMPLE GUIDELINES FOR THE USE OF POLICE SERVICE DOGS:
Provided and written by: Bruce D. Praet, Attorney
Ferguson, Praet & Sherman
(714) 953.5300
XXX.1 PURPOSE AND SCOPE
The Police Service Dog Program was established to augment police services to the community. Highly skilled and trained teams of handlers and Police Service Dogs have evolved from the program and are used to supplement police operations to locate and apprehend criminal offenders.
XXX.2 GUIDELINES FOR THE USE OF POLICE SERVICE DOGS
A Police Service Dog may be used to locate and apprehend a suspect if the Police Service Dog handler reasonably believes that the individual has either committed or is about to commit any offense and if any of the following conditions exist:
a. There is a reasonable belief that the individual poses an immediate threat of violence or serious harm to the public, any officer, or the handler.
b. The individual is physically resisting arrest and the use of a Police Service Dog reasonably appears to be necessary to overcome such resistance.
c. The individual(s) is/are believed to be concealed in an area where entry by other than the Police Service Dog would pose a threat to the safety of officers or the public.
d. It is recognized that situations may arise which do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a Police Service Dog in view of the totality of the circumstances.
NOTE: Absent the presence of one or more of the above conditions, mere flight from pursuing officer(s) shall not serve as good cause for the use of a Police Service Dog to apprehend an individual.
XXX.21 PREPARATIONS FOR UTILIZING A POLICE SERVICE DOG
Prior to the use of a Police Service Dog to search for or apprehend any individual, the Police Service Dog handler and/or the supervisor on scene shall carefully consider all pertinent information reasonably available at the time. The information shall include, but is not limited to the following:
a. The individual’s age or estimate thereof
b. The nature of the suspected offense
c. Any potential danger to the public and/or other officers at the scene if the Police Service Dog is released.
d. The degree of resistance, if any, the subject has shown.
e. The potential for escape or flight if the police dog is not utilized.
f. The potential for injury to officers or the public caused by suspect if the police dog is not utilized.
A Police Service Dog handler shall have the ultimate authority not to deploy the dog. The handler will evaluate each situation and determine if the use of a Police Service Dog is technically feasible. Generally the decision to deploy the dog shall remain with the handler, however, a supervisor sufficiently apprised of the situation may decide not to deploy the dog.
XXX.22 WARNINGS GIVEN TO ANNOUNCE THE USE OF A
POLICE SERVICE DOG
Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a Police Service Dog will be released if the person does not come forth, shall be made prior to releasing a Police Service Dog. The Police Service Dog handler, when practical, shall first advise the supervisor of their decision if a verbal warning is not given prior to releasing the Police Service Dog.
XXX.23 USE OF NARCOTIC-DETECTION POLICE SERVICE DOGS
A narcotic-detection-trained Police Service Dog may be used in accordance with current law to:
a. Assist in the search for narcotics during a search warrant service.
b. Obtain a search warrant by using the detection Police Service Dog in support of probable cause.
c. Search vehicles, buildings, bags, and any other articles deemed necessary.
d. A narcotic-detection Police Service Dog will not be used to search a person for narcotics.
XXX.24 REPORTING USE OF A POLICE SERVICE DOG
Whenever the Police Service Dog is deployed, a Police Service Dog use report shall be completed by the handler and turned in to the Unit Coordinator before going off duty.
XXX.25 REPORTING POLICE SERVICE DOG BITES OR INJURIES
If a bite or injury results from the use of the Police Service Dog, that information shall be documented on a Police Service Dog use report form. The report should include, at a minimum, the following:
a. In all cases of bites or injury resulting from the use of a Police Service Dog, photographs shall be taken of the bite or injury after first tending to the immediate needs of the injured party. The photographs will be labeled “Police Service Dog Incident – Do Not Destroy,” and booked into evidence. If the injury requires medical attention, the subject should be transported to an appropriate medical facility. In the event an in-custody suspect requires medical attention, an officer should standby with the suspect until treatment has been rendered.
b. Whenever a bite results, the handler shall notify the Animal Control Office as soon after the incident as practical.
c. If a subject alleges an injury that is not visible, notification shall be made to a supervisor and the location of the alleged injury should be photographed.
XXX.26 REPORTING POLICE SERVICE DOG INJURIES
In the event that a Police Service Dog is injured, the injury will be immediately reported to the Watch Commander.
Depending on the severity of the injury, the Police Service Dog shall either be treated by the designated veterinarian or transported to a designated emergency medical facility for treatment. If the handler and dog are out of the area, the handler may use the nearest available veterinarian.
The injury will be documented on a Police Service Dog use report form.
XXX.27 ASSIGNMENT OF POLICE SERVICE DOGS
The Police Service Dog teams shall be assigned to the Operations Division to supplement and assist the Patrol Bureau.
Police Service Dog teams should function primarily as cover units; however, they may be assigned by the Watch Commander to other functions based on the needs of the watch at the time.
Police Service Dog teams should not be assigned to handle matters that will take them out of service for extended periods of time unless absolutely necessary, and only with the approval of the Watch Commander.
XXX.3 REQUEST FOR USE OF POLICE SERVICE DOG TEAMS
Personnel within the department are encouraged to freely solicit the use of the Police Service Dogs. When bureaus outside of the Patrol Bureau request to use a Police Service Dog team, the request shall be made to the Unit Coordinator or the on-duty Watch Commander.
XXX. 31 REQUEST FOR ASSISTANCE FROM OTHER AGENCIES
The Watch Commander or the unit coordinator must approve all requests for Police Service Dog assistance from outside agencies subject to the following provisions:
a. Police Service Dog teams shall not be used outside the City of Anytown to perform any assignment, which is not consistent with this policy.
b. Upon arrival at the scene, the handler has the ultimate decision as to whether or not the Police Service Dog is to be used for a specific assignment.
c. Police Service Dog teams shall not be called out while off duty or used outside the City of Anytown unless authorized by the Watch Commander or the Unit Coordinator.
XXX.32 REQUEST FOR PUBLIC DEMONSTRATIONS
All public requests for a Police Service Dog team shall be approved by the Unit Coordinator prior to making any commitment.
Handlers shall not demonstrate any “apprehension” work to the public unless authorized to do so by the Unit Coordinator.
XXX.4 SELECTION OF POLICE SERVICE DOG HANDLERS
The following are the minimum qualifications for the assignment of Police Service Dog Handler:
a. Anytown Police Officer (currently off probation).
b. Reside in an adequately fenced, single-family, residence (minimum five-foot high fence with locking gates).
c. Have a garage that will accommodate a Police Service Dog unit and which can be secured.
d. Live within thirty (30) minutes travel time from the Anytown city limits.
e. Agree to be assigned to the position for a minimum of three (3) years.
XXX.5 POLICE SERVICE DOG HANDLER RESPONSIBILITIES
Police Service Dog Handlers shall be responsible for, but not limited to, the following:
XXX.51 AVAILABILITY
The handler shall be available for call-out under conditions specified by the Unit Coordinator.
XXX.52 CARE FOR THE POLICE SERVICE DOG AND
POLICE SERVICE DOG EQUIPMENT
The handler shall ensure that the Police Service Dog receives proper nutrition, grooming, training, medical care, affection, and living conditions. The handler will be responsible for the following:
a. The handler shall maintain all department equipment under his/her control in a clean and serviceable condition and, when off-duty, maintain the Police Service Dog unit in a garage, secured from public view.
b. When a handler takes a vacation or extended amount of days off, the Police Service Dog vehicle shall be maintained at the Police Department facility.
c. Handlers shall permit the Unit Coordinator to conduct spontaneous on-site inspections of affected areas of their residence as well as the Police Service Dog unit, to verify that conditions and equipment conform to this policy.
d. Any changes in the living status of the handler which may affect the lodging or environment of the Police Service Dog shall be reported to the Unit Coordinator as soon as possible.
e. When off-duty, Police Service Dogs shall be maintained in kennels, provided by the City, at the homes of their handlers. When a Police Service Dog is kenneled at the handler’s home, the gate shall be secured with a lock. When off-duty, Police Service Dogs may be let out of their kennels while under the direct control of their handlers.
f. The Police Service Dog 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.
g. Under no circumstances will the Police Service Dog be lodged at another location unless approved by the Unit Coordinator or Watch Commander.
h. When off-duty, handlers shall not involve their Police Service Dogs in any activity or conduct unless approved in advance by the unit coordinator or Watch Commander.
i. Whenever a Police Service Dog handler anticipates taking a vacation or an extended number of days off, it may be necessary to temporarily relocate the Police Service Dog. In those situations, the handler shall give reasonable notice to the Unit Coordinator so that appropriate arrangements can be made.
XXX.53 POLICE SERVICE DOGS IN PUBLIC AREAS
All Police Service Dogs shall be kept on a leash when in areas that allow access to the public. Exceptions would include specific police operations for which the Police Service Dogs are trained.
a. Police Service Dogs shall not be left unattended in any area to which the public may have access.
b. When the Police Service Dog unit is left unattended, all windows and doors shall be secured.
XXX. 54 HANDLER COMPENSATION
The Police Service Dog handler shall be compensated for time spent in the care, feeding, grooming, and other needs of the dog as provided in the Fair Labor Standards Act. The compensation shall be prescribed in the employees Memorandum of Understanding.
XXX.6 MEDICAL CARE OF THE POLICE SERVICE DOG
All medical attention shall be rendered by the designated Police Service Dog veterinarian, except during an emergency as provided in section XXX.26.
XXX.61 NON-EMERGENCY MEDICAL CARE
Non-emergency medical care will be coordinated through the Unit Coordinator.
Any indication that a Police Service is not in good physical condition shall be reported to the Unit Coordinator or the Watch Commander as soon as practical.
All records of medical treatment shall be maintained in the Police Service Dog handler’s personnel file.
XXX.62 EMERGENCY MEDICAL CARE
The designated emergency medical treatment center or Police Service Dog veterinarian shall render emergency medical treatment. The handler shall notify the Unit Coordinator as soon as practicable when emergency medical care is required.
XXX.7 TRAINING
Before assignment in the field, each Police Service Dog Team shall be trained and certified to meet current P.O.S.T. standards.
XXX.71 CONTINUED TRAINING
Each Police Service Dog team shall thereafter be re-certified to P.O.S.T. Police Service Dog standards on an annual basis. Additional training considerations are as follows:
a. Police Service Dog teams shall receive training as defined in current contract with the Department’s Police Service Dog training provider.
b. Police Service Dog handlers are encouraged to engage in additional training with approval of the unit coordinator.
c. In order to ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is contrary to the policies of the Anytown Police Department.
d. All Police Service Dogs training shall be conducted while on-duty unless otherwise approved by the unit coordinator or Watch Commander.
XXX.72 FAILURE TO SUCCESSFULLY COMPLETE P.O.S.T. CERTIFICATION
No Police Service Dog team failing P.O.S.T. Police Service Dog certification shall be deployed in the field until certification is achieved. When practical, pending successful certification, the Police Service Dog handler shall be temporarily reassigned to regular patrol duties.
XXX.73 TRAINING RECORDS
All Police Service Dog training records shall be maintained in the Police Service Dog handler’s training file.
XXX.8 POLICE SERVICE DOG UNIT COORDINATOR RESPONSIBILITIES
The Unit Coordinator shall be appointed by staff, and shall supervise the Police Service Dog Program. The Unit Coordinator is directly responsible to the Operations Division Commander. The Unit Coordinator shall be responsible for, but not limited to, the following:
a. Maintain liaison with the vendor kennel;
b. Maintain liaison with Administrative Staff and functional supervisor(s);
c. Maintain liaison with other agency Police Service Dog coordinators;
d. Maintain accurate records to document Police Service Dog activities;
e. Recommend and oversee the procurement of needed equipment and services for the unit;
f. Be responsible for scheduling all Police Service Dog related activities; and
g. Ensure the Police Service Dog teams are scheduled for continuous training to maximize the capabilities of the teams.
Created
and maintained by Terry Fleck. Contact: k9fleck@aol.com
Copyright © 1999
- 2009 Terry Fleck. All rights reserved.