SECTION: 1005 VOLUNTARY CONTACTS, FIELD INTERVIEWS, INVESTIGATIVE STOPS, AND WEAPONS PAT DOWN

SECTION: 1005

TITLE:     VOLUNTARY CONTACTS, FIELD

                INTERVIEWS, INVESTIGATIVE STOPS,

                AND WEAPONS PAT DOWN

EFFECTIVE DATE:  September 15, 2022

 

PURPOSE:

 

The purpose of this policy is to ensure that Evangeline Parish Sheriff's Office Deputies conduct all voluntary contacts, field interviews, investigative stops and weapons pat downs in accordance with the rights secured and protected by the U.S. Constitution, the Louisiana Constitution of 1974, and federal and state law. This policy instructs Deputies how to conduct interactions with community members fairly and respectfully and provides guidance to supervisors on proper review and documentation of these interactions.

 

PRINCIPLES:

 

1. Distinct and Separate Actions: Each voluntary contact, field interview, stop, search, seizure, or arrest is a distinct and separate action that is governed by different legal and policy standards depending on the action. For example, a voluntary contact or investigation stop between a Deputy and a community member does not automatically justify a pat-down or search.

 

1. Procedural Justice: This is the perception of fairness and impartially in Deputy-Civilian encounters that occurs when Deputies treat all persons with dignity and respect, give persons a voice during encounters, act impartially when making decisions, and convey trustworthy motives. Procedural Justice can build community trust and confidence in the law enforcement to advance shared public safety goals.

 

1. Non-Discriminatory Policing: Deputies are prohibited from relying on a person's race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or gender identity or expression in law enforcement activity except when part of an actual and credible physical description of a specific suspect or suspects in a criminal investigation that includes other non-demographic identifying factors (such as a description of clothing or associated vehicle).

 

GENERAL DEFINTIONS:

 

Probable Cause: Where facts and circumstances known to the Deputy at the time of the arrest or search, taken as a whole, would lead a reasonable Deputy to believe that a particular person has committed or is committing a crime. As with reasonable articulable suspicion, probable cause is based upon an objective assessment of the facts and circumstances presented to the Deputy. Probable cause is more than reasonable suspicion but much less than beyond a reasonable doubt.

 

Reasonable Articulable Suspicion: A well founded suspicion based on specific, objective, articulable facts, taken together with the Deputy's training and experience that a subject has committed, is committing, or is about to commit a crime.

 

CONTACT DEFINITIONS:

 

Voluntary Contact: A non-investigative consensual encounter between a Deputy and a community member with the intent of engaging in a casual conversation (e.g. speaking with a local business owner or resident). The person is free to leave or decline any request by the Deputy at any point.

 

Field Interview: A consensual voluntary contact during which a Deputy may ask questions or try to gain information about possible criminal activity without indicating or implying that a person is not free to leave or is obligated to answer the Deputy's questions.

 

Investigative Stop: The temporary involuntary detention and questioning of a person where the person was stopped based on reasonable articulable suspicion that the person is committing, is about to commit, or has committed a crime. It occurs whenever a Deputy uses words or actions to make a person halt, or to keep a person in a certain place, or to compel a person to perform some act. If a reasonable person under the circumstances would believe that they are not free to leave, a "stop" has occurred.

 

Vehicle Stop: The involuntary detention of a vehicle and the driver and/or the occupants of the vehicle.

 

Weapons Pat-Down: A brief, non-probing running of the hands over the outside of a person's clothing feeling for a weapon with an open palm. A weapons pat-down is authorized when the Deputy has reasonable articulable suspicion that the person is armed, and the pat-down is designed to ensure the safety of Deputies and others while a Deputy is conducting an investigation. This can include situations in which the Deputy reasonably suspects that the person has committed, is committing, or is about to commit a violent crime or when the Deputy observes something on the person that they reasonably suspect is a weapon. A weapons pat-down may not be conducted to discover evidence or the proceeds or instrumentalities of a crime.

 

Search: An inspection, examination or viewing of persons, places, or items in which a person has legitimate expectation of privacy. A search need not be visual; it may include grasping, prying into or manipulating persons or objects (e.g. reaching into a purse or pocket, feeling inside of the trunk of a car; physical manipulation o a duffel bag etc.)

 

Arrest: The taking, seizing or detaining of a person by any act that indicates an intention to take the person into custody, and that subjects the person to the actual control and will of the Deputy making the arrest. An arrest is effected when the arrestee is physically restrained to when the arrestee is told of the arrest and submits. In addition, a person is seized within the meaning of the Fourth Amendment when "In view of all the circumstances surrounding the incident, a reasonable person would have believed that they were not free to leave. " n arrest requires probable cause that a crime was committed or is being committed."

 

DIRECTIVES:

 

1. VOLUNTARY CONTACTS

 

1. Deputies are encouraged to engage in voluntary contacts with members of the public in order to enhance communication, trust and understanding between Evangeline Parish Sheriff's Office and the community.

 

2. Strong relationships between Deputies and community residents are a key aspect of community policing and a significant contributor to neighborhood safety. Voluntary contacts are a great way to build strong relationships, as well as to foster community support in crime prevention and intervention efforts.

 

3. Voluntary contacts, like all other community contacts, shall be conducted in a friendly, professional manner.

 

4. Voluntary contacts do not require any written documentation or Body-Worn Camera (BWC) recording.

 

5. If the Deputy is seeking information about a suspected crime, the voluntary contact becomes a Field Interview.

 

1. FIELD INTERVIEWS

 

1. A Deputy may initiate a field interview for legitimate law enforcement purposes. The person is free to end the field interview at any time and refuse to answer questions.

 

2. When conducting Field Interviews, Deputies shall:
3. a) Activate BWC at the onset of the observation or activity on which they base their decision to conduct a field interview, and shall not deactivate BWC until the completion of the Field Interview (see Body-Worn Camera Policy)
4. b) Before asking any questions, introduce themselves by name and rank unless exigent circumstances require gathering information immediately;
5. c) Use words, tone, and actions indicating that the person's responses are voluntary, and refrain from using words or actions that tend to communicate that the person is not free to leave or that the person must answer questions (e.g. blocking path of person's vehicle, placing hands on shoulder, holding a person's property); and
6. d) If asked whether the person is free to leave or may decline to answer questions, inform the person that they may decline to answer and leave without consequences.

 

3. If a person refuses to answer questions during a field interview, they must be permitted to leave. A person's failure to stop, refusal to answer questions, decision to end the encounter, or decision to walk or run away, cannot be used as the basis for establishing reasonable suspicion or to extend the encounter or further intrude on the person through an Investigative Stop, Weapon Pat-Down, Search, or Arrest of the person.
4. If asking a person to identify themselves, Deputies must inform the person that providing identification is voluntary. People are not required to carry any means of identification, nor are persons required to identify themselves or account for their presence in a public place.

 

5. The duration of the Field Interview should be as brief as possible. The success or failure of a meaningful Field Interview rests on the Deputy's ability to put the person at ease and establish a rapport.

 

6. Deputies shall not take action intended to create reasonable suspicion without previous particularized facts to justify action.

 

7. A Deputy may not stop a person for the sole purpose of completing a Field Interview Card (FIC).

 

8. Documentation. All field interviews shall be documented on an electronic or paper Field Interview Card (FIC) form.

 

INVESTIGATIVE STOP:

 

1. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable seizure when they are lawfully present in a place. Deputies may conduct a brief stop of a person when there is reasonable articulable suspicion to believe that someone has committed, is committing, or about to commit a crime under the U.S. Supreme Court's decision in Terry v. Ohio 392 U.S. 1 (1968). A Deputy may request the person's name, address, and an explanation of the person's actions. LA C. Cr. P. 215.1

 

2. Reasonable articulable suspicion in an objective legal standard that is less then Probable Cause but more than a hunch or general suspicion. Reasonable suspicion depends on all of the circumstances which the Deputy observes and the reasonable assumptions that are drawn based on the Deputy's training and experience. Reasonable suspicion can result from a combination of particular facts, which may appear harmless in and of themselves, but taken together amount to reasonable articulable suspicion.

 

3. Reasonable suspicion should be founded on specific and objective facts or observations about how a person behaves, what the person is seen or heard doing, and the circumstances or situation in regard to the person that are either witnessed or know, by the Deputy. Accordingly, reasonable articulable suspicion must be described with reference to facts or observations about a particular person's actions or the particular circumstances that a Deputy encounters. One factor alone is typically not sufficient to establish reasonable suspicion and circumstances will vary in each case.

 

4. The physical characteristics of a person are never, by themselves, sufficient to establish reasonable suspicion. Instead, those characteristics must be combined with other factors, including a specific, non-general description matching the suspect or the observed behaviors of the person. (See Fair and Impartial Policing Policy)

 

5. Before conducting an Investigative Stop, Deputies must:

 

1. a) Activate BWC at the onset of the observation or activity on which they base their reasonable suspicion, to the extent practicable and safe, and shall not deactivate BWC until the completion of the Investigative Stop.
2. b) Notify the Dispatcher and include the location, number of persons being stopped and whether additional units are needed, and when safe to do so, a brief basis for the stop.
3. c) Always determine whether the circumstances warrant a request for backup assistance and whether the Investigative Stop can and should be delayed until such backup arrives.

 

6. During an Investigative Stop, Deputies must:

 

1. a) Remain courteous and respectful at all times.
2. b) Inform the persons stopped that they are not free to leave, and explain the reason for the stop if safe and practicable to do so.
3. c) Limit questions to those relevant and necessary to resolve the Deputy's suspicions.
4. d) Ensure that the person is stopped for only that period of time necessary to effect the purpose of the stop. If the stop in not brief, then it may become an arrest and must be supported by Probable Cause.

 

7. The scope of the stop must be tied to the basis for it. Actions that would indicate to a reasonable person that they are being arrested or indefinitely detained may convert an Investigative Stop into an arrest, which would require Probable Cause or an arrest warrant. Unless justified by the reasonable suspicion for the original stop. Deputies must have additional articulable justification for further limiting a person's freedom during an Investigative Stop by doing any of the following:

 

1. Taking a person's identification or driver's license away from the immediate vicinity;
2. Transporting any distance away from the scene of the initial stop (including for the purpose of witness identification);
3. Placing a person into a Police vehicle
4. Ordering a motorist to exit a vehicle.
5. Directing a person to stand (or remain standing), or to sit any place not of their choosing;
6. Directing a person to lie or sit on the ground;
7. Applying handcuffs;
8. Pointing a firearm;
9. Performing a Weapons Pat-Down; or
10. Using any level of force

 

8. Deputies will not transport the subject of an investigatory stop to a different location for questioning or any other investigatory purpose unless the Deputy has probable cause to make an arrest or the stopped person requests to speak with Deputies in a different location. Where such a request is made, Deputies will document the request in writing and ask the person to sign the documentation verifying that the request was made.
9. Deputies will not transport a person to jail or otherwise incarcerate a person as part of investigatory stop unless there is probable cause that the person has committed a crime. In that case, Deputies must follow arrest procedures.

 

10. Deputies will not stop a vehicle unless there is probable cause that the driver has committed a traffic violation, or reasonable suspicion based on specific and articulable facts that the vehicle or an occupant of the vehicle has been, is, or is about to be engaged in the commission of a crime.

 

11. Notify a supervisor immediately, as soon as it is safe to do so, if the person is:

 

1. a) Injured during the Investigative Stop or complain of injury;
2. b) Transported from the initial place of contact;
3. c) Stopped more than 20 minutes; or
4. d) Handcuffed and/or subjected to an Arrest and control technique

 

12. Deputies shall immediately release a person from an Investigative Stop if:

 

1. a) The Deputy is not longer has reasonable suspicion that the person is committing, is about to commit, or has committed a crime; or
2. b) If the Deputy falls to develop the Probable Cause necessary to arrest within a reasonable time.

 

13. Deputies are prohibited from:

 

1. a) Relying on information known at the time of reliance to be materially false or incorrect in effecting an Investigative Stop.
2. b) Using a person's geographic location, such as a high crime area or proximity to the scene of suspected or reported crime without any other reasonable articulable facts that a person is, has, or is about to commit a crime - as a basis for an Investigative Stop;
3. c) Basing the Investigative Stop solely on a person's response to the presence of police, such as a person's attempt to avoid contact with a Deputy or flight;
4. d) Basing the Investigative Stop on a person's presence in the company of others suspected of criminal activity without any additional reasonable articulable facts that a person is, has, or it about to commit a criminal; and
5. e) Detaining a person solely for the purpose of obtaining the results of a name/warrant check, or for the arrival of other Deputies or units, if the Deputy's reasonable suspicion has been dispelled or the Deputy has not yet developed Probable Cause.

 

14. Documentation: Following the Investigative Stop, the Dispatcher must create a Traffic Stop/Field Interview Card by the end of shift that includes the following information:

 

1. a) A complete description of the person, including name (if known), height, weight, hair color, eye color, skin tone, identifying features (e.g., tattoos, scars), clothing type and color, and any other notable features or descriptors relevant to reasonable suspicion.
2. b) The Deputy's name and badge number;
3. c) The date, time, and location of the stop;
4. d) The approximate duration of the stop;
5. e) If a non-vehicle stop (e.g. pedestrian, or bicycle), the number of persons stopped;
6. f) The reason for the stop, including a specific, individualized description of the facts creating reasonable suspicion;
7. g) If a vehicle stop, whether the driver or any passenger was required to exit the vehicle, and reason;
8. h) Whether any person was asked to consent to a search and whether such consent was given;
9. i) Whether Deputies conducted a weapons frisk during the stop and, if so, the specific and articulable facts establishing reasonable suspicion that the person was armed and dangerous;
10. j) Whether Deputies conducted a search based on probable cause and, if so, the facts establishing probable cause to conduct a search;
11. k) Whether any weapon, contraband, or evidence was seized from any person, and nature of the weapon, contraband or evidence;
12. l) The outcome of the stop, including whether Deputies issued a civil or criminal citation, made an arrest, or issued a warning; and
13. m) A unique identifying report number, allowing the documentation to be matched with the investigative file and documentation of any criminal or civil citations or arrests that result from the stop.

 

15. The Deputy must provide the person with an explanation of the purpose of the stop and provide a Stop Card with the Deputy's name and the date.

 

WEAPONS PAT-DOWN:

 

1. For a Weapons Pat-Down, a Deputy must possess specific and articulable facts, combined with rational assumptions from these facts, that the person is armed, and the pat-down must be designed to ensure the safety of the Deputy and others while a Deputy is conducting a legitimate investigation. Pertinent factors may include the Deputy's prior knowledge that the person carries a weapon. However, Deputies must also be mindful that most persons' carry mobile phones, wallets, o other personal items in their pockets.

 

2. An Investigative Stop and a Weapons Pat-Down are two distinct actions - both require independent reasonable suspicion (e.g., to stop a person there must be reasonable suspicion of criminal activity, but to stop a person and perform a Weapons Pat-Down there must be reasonable suspicion of criminal activity and reasonable suspicion that the person is armed).

 

3. In determining whether sufficient reasonable suspicion exists to support the Weapons Pat-Down, a Deputy should consider the following factors:
4. a) The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved.
5. b) The hour of the day and the location where the stop takes place.
6. c) Prior knowledge of the person's history of carrying deadly weapons or committing crimes of violence.
7. d) Visual indications that suggest the person is carrying a firearm or other deadly weapon, such as a bulge under the person's clothing, although a bulge could also indicate personal item such as a cell phone or wallet.

 

4. Deputies are permitted only to pat the outer clothing of the person.

 

5. If during a Weapons Pat-Down, the Deputy feels an item which is the shape and size of a woman that could be used to harm the Deputy or others, the Deputy may reach into or disturb the article of clothing and remove the item. NOTE: If, during the process of removing the suspected weapon, the Deputy discovers other items which are contraband or evidence of a crime, the Deputy may lawfully seize those items, and the items may be considered when establishing Probable Cause to make an Arrest or to conduct a Search of the person.

 

6. If the person stopped is arrested because a weapon was found, a Search incident to Arrest, may be conducted in accordance with departmental training and procedures.

 

7. If the person stopped is to be released because no weapon was found, and there is no Probable Cause for an Arrest, the Deputy must immediately release the person, comply with the documentation guidelines noted above, and explain the reasons for the Investigative Stop, the Weapons Pat-Down, and the release.

 

8. Deputies are prohibited from:

 

1. a) Automatically engaging in a Weapons Pat-Down during an Investigative Stop for "DeputySafety".
2. b) Placing their hands in pockets or reaching into an article of clothing unless the Deputy feels an object they reasonably believe is a weapon, such as a firearm, knife, club, or other item, that could be used to harm the Deputy or others.
3. c) Using a Weapons Pat-Down to conduct full Searches designed to produce evidence or other incriminating material.
4. d) Requesting the consent of a person to conduct a Weapons Pat-Down without reasonable suspicion that the person is carrying a weapon.

 

9. Deputies shall not open an object that a person is carrying - such as a handbag, suitcase, briefcase, sack, or other object that may conceal a weapon. Instead, the Deputy should place it out of the person's reach.

 

10. The Deputy may not manipulate the exterior or Search the interior of the object the person is carrying. If the Deputy reasonably suspects that harm may result if the unsearched object is returned to the person, the Deputy may briefly feel the exterior of the object in order to determine if the object contains a weapon or other dangerous item.

 

11. Documentation. Deputies must use specific and individualized descriptive language sufficient to describe the basis of the contact. The amount of detail required depends on the complexity of the encounter. Deputies shall not use Boilerplate Language when describing the basis for a Weapons Pat-Down.

NOTE: When conducting a law enforcement encounter with a citizen, the Deputy's Body Worn Camera shall be activated as soon as possible prior to the initati8on of the law enforcement encounter.

 

SUPERVISORS' RESPONSIBILITIES

 

Shift Supervisor

 

1. Absent exceptional circumstances, within 12 hours of receiving a report documenting a stop, citation, or arrest, Shift Supervisors will conduct a review to:

 

1. a) Ensure the encounter and law enforcement action taken was constitutional and complied with policy, NOTE: For any actions that require further review in order to confirm compliance, review the Deputy's BWC footage and that any other Deputies present.
2. b) Ensure the documentation is complete and complies with Evangeline Parish Sheriff's Office policy. Review reports and forms for deficiencies including:
3. Boilerplate Language and language that comes to a conclusion without providing supporting detail, inconsistent information, lack of articulation of the legal basis for the action, or other indication that the report or forms may contain information that was not accurate at the time it was reported;
4. Consult with the Deputy to assess whether additional information from the Deputy may remedy the deficiency.

 

1. c) Upon confirming completion and sufficiency, sign off on the report and forward through proper channels.
2. d) The Patrol Captain will perform these duties if it is the Shift Supervisor that is being reviewed.

 

2. If an Evangeline Parish Sheriff's Office Deputy arrests a person and not warrant was previously issued, the Supervisor will review the Deputy's probable cause affidavit immediately and prior to the person being booked into the jail. If the activity resulted from an insufficient factual basis, such as a lack of reasonable suspicion, or probable cause, the supervisor will immediately release the person and take additional remedial measures, as appropriate. The Supervisor will document the review in a report.

 

3. Take appropriate action to address all apparent violations or deficiencies in Field Interviews, Vehicle Stops, Investigative Stops, Weapons Pat-Down, Searches, and Arrests including deficiencies in reporting.
4. a) Document all corrective action for tracking purposes.
5. b) When a member's actions comply with the law and policy, but indicate a need for positive corrective action, provide training, mentoring, counseling or other appropriate measures. Document non-punitive corrective action.
6. c) For each subordinate the supervisor shall track each violation or deficiency and the corrective action taken, if any to identify Deputies needing repeated corrective data.
7. d) Refer for administrative or criminal investigation when appropriate.

 

4. Consider the quality and completeness of Deputies' reports for Field Interviews, Investigative Stops, Searches and Arrests in Deputies' performance evaluations.

 

PATROL CAPTAIN

 

1. Provide training and conduct reviews of Incident Reports, Supplemental Reports, and BWC video, as necessary, to ensure Deputies understand and apply appropriate legal standards when conducting Field Interviews, Vehicle Stops, Investigative Stops, Weapon Pat-Downs, Searches, and Arrests.

 

2. Provide training and conduct audits of supervisory reviews of Investigative Stops, Vehicle Stops, Weapons Pat-Downs, Searches and Arrests to evaluate the supervisor's review and conclusions within seven days of their completion.

 

3. If misconduct is identified through any of the above-mentioned audits, evaluate the supervisor's assessment and recommendations and ensure that all appropriate corrective action was taken. For Supervisors who fail to conduct complete, thorough, and accurate reviews of Deputies' Field Interviews, Investigative Stops, Weapons Pat-Down, Searches, and Arrests, take appropriate corrective or discipili         nary actions.

 

4. Consider the quality and completeness of supervisory reviews of Investigative Stoops, Searches, and Arrests in performance evaluations.

 

5. Ensure that the procedures of this policy are consistent with entrance level and in-service training cirricula.

 

6. Provide ongoing periodic training on the contents and subject of this policy.