San Diego Police Department Order 6.18 details

SAN DIEGO POLICE DEPT. ORDER NUMBER 6.18 DETAILS 
By Rick Roberts 760 KFMB AM Radio Host 

DISCLAIMER: The different points of views on the Rick Roberts are not supported nor do they reflect the views and beliefs of The Bosun Locker or any entity affiliated with the Bos'un.

Back in May, in response to the issue of illegal immigration, San Diego Mayor Jerry Sanders said, “It’s going to be a political solution that solves this. We’re not going to stop people who want a better life from coming over here.”

Well, that’s comforting. Meanwhile, we are still waiting for Mayor Sanders to come on our show. As of Friday morning, we have not received a concrete answer.

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San Diego Police Department Policy Statement
ALL PERSONNEL
UNDOCUMENTED PERSONS
FIELD OPERATIONS
D.P.6.18 12/20/87 3.8

I. BACKGROUND

This Department Procedure is intended to clarify the Police Department’s
policy with respect to the handling of undocumented persons.

The San Diego Police Department recognizes and values the diversity of
the community it serves. The purpose of this policy is to ensure the safety
and well being of all persons, regardless of their immigration status. The
primary responsibility for the enforcement of Federal immigration laws
rests with the Immigration and Naturalization Service and the U.S. Border
Patrol. Although State and local peace officers have the authority to assist
in enforcing immigration laws, it is the policy of the San Diego Police
Department that officers shall not make an effort to look for violations of
immigration laws.

San Diego Police personnel will focus on detecting and apprehending
individuals involved in criminal activity.

II. ADULT UNDOCUMENTED PERSONS

A. San Diego Police officers are responsible for the enforcement of all
laws, Federal, State and local, and the safety and protection of all persons.
Therefore, officers have a duty to contact any person(s) when there is a
reasonable suspicion to believe they are involved in criminal activity.
(Refer to SDPD Procedure 4.1.)

B. If upon investigation “probable cause” to arrest exists, unrelated to the
person’s immigration status, officers may arrest for the offense.

1. If the subject is booked in the City or County jail and determined to be
illegally in the United States, a hold for INS/Border Patrol shall be placed
on the prisoner.

a. Immigration documents identified as evidence in a criminal
investigation will be impounded per Department Procedure 3.2.

b. See Health and Safety Code section 11369 for notification
requirements when the arrest is drug related and the person is suspected to
be undocumented.

C. Officers are authorized to release subject(s) to INS/Border Patrol if
there is no “Probable Cause” to arrest but there is “Reasonable Suspicion”
that criminal activity unrelated to immigration status still exists. After
investigation determines the detainee(s) is/are in violation of 8 United
States Code Section 1304(e) officers are authorized to notify INS/Border
Patrol and release the detainee(s) at the scene of contact, within a
reasonable time. (”Reasonable suspicion” defined in Department
Procedure 4.1.)

1. The duration of the stop or detention prior to the detainee’s release to
INS/Border Patrol shall be in accordance with Department Procedure 4.1,
paragraph 4a, which provides as follows:

A person stopped pursuant to this procedure may be detained at or near
the scene of the stop –for a reasonable time. Officers should detain a
person only for the length of time necessary to obtain or verify the
person’s presence or conduct, or an account of the offense, or otherwise
determine if the person should be arrested or released.

Such factors as remoteness and safety considerations for the person(s)
detained may extend the reasonable time of detention prior to INS/Border
Patrol release. However, such detentions should ordinarily be no longer
than twenty (20) minutes.

2. Officers are generally prohibited from transporting detained
undocumented persons to a police facility for the sole purpose of releasing
them to INS/Border Patrol.

3. Undocumented persons may be transported if they voluntarily consent
in order to complete or further an investigation.

D. After investigation if it is determined the person(s) is/are not involved
in criminal activity unrelated to immigration status, the person should be
released, regardless of immigration status.

III. EXCEPTIONS

A. Certain criminal situations, because of their inherent danger to
citizens of the United States and undocumented persons as well, require
immediate action by San Diego Officers. Officers are authorized to detain
and release undocumented persons to INS/Border Patrol when contacted
under the following conditions:

1. Drop House–a house or building being utilized as a transfer/holding
facility for persons engaged in smuggling undocumented persons.

2. Load Vehicles–vehicles engaged in smuggling undocumented persons.

3. Drug House–house or building being used to facilitate narcotics
trafficking.

IV. SITUATIONS WHERE BORDER PATROL INVOLVEMENT IS
PROHIBITED

A. Officers are prohibited from releasing undocumented persons to
INS/Border Patrol under the following conditions:

1. They are victims or witnesses of a crime, unless a determination has
been made by investigators to hold them as material witnesses.

2. When contacted during family disturbances.

3. Generally, during the enforcement of minor traffic offenses
(interactions and nonbookable misdemeanors).

4. When the person(s) are seeking medical treatment.

V. MIGRANT CAMPS

A. The majority of residents living in migrant camps work in the
surrounding area and are in this country legally. Officers are generally
prohibited from detaining undocumented persons in this setting for
INS/Border Patrol unless there is probable cause to arrest for a crime not
related to immigration violations. If probable cause to arrest exists,
officers will follow the procedures laid out in this policy.

VI. DOCUMENTATION OF DETENTIONS

A. All undocumented persons who are arrested will be booked or cited
and appropriate reports prepared. When undocumented persons are
detained and released to INS/Border Patrol, officers will prepare a
detention report in every case.

1. Detention reports involving undocumented persons must list in detail
the reasons for the detention, including all facts that led to the “reasonable
suspicion” that the subject was involved in criminal activity unrelated to
immigration status.

2. In the event officers locate a drop house, load car or drug house
containing multiple undocumented persons, they will document the event
by preparing an ARJIS-8 on each subject and an ARJIS-9 detailing the
circumstances of detention.

3. The name(s) and identification number(s) of the agent(s) who take
custody of the detainees will be included in the appropriate
(ARJIS-8/ARJIS-9) report(s).

VII. ASSISTANCE TO LAW ENFORCEMENT AGENCIES

A. Officers are directed to provide necessary assistance to all law
enforcement agencies including the United States Border Patrol when
requested to do so.

B. An emergency statute, California Government Code Section
55069.75, taking affect on October 4, 1993, was enacted to guarantee
“continued federal support for local enforcement activities.” It provides as
follows:

“. . . no local law shall prohibit a peace officer or custodial officer from
identifying and reporting to the United States Immigration and
Naturalization Service any person, pursuant to federal law or regulation, to
whom both of the following apply:

(a) The person was arrested and booked, based upon the arresting
officer’s probable cause to believe that the person arrested had committed
a felony.

(b) After the arrest and booking in subdivision (a), the officer reasonably
suspects that the person arrested has violated the civil provisions of the
Federal immigration laws.”

VIII. UNDOCUMENTED JUVENILES

A. 300 W&I Dependent Children

1. Under 13 years of age

Children in this category will be transported to Hillcrest Receiving
Home if a parent or guardian cannot be contacted. Hillcrest will determine
the status and disposition of the child.

2. Thirteen years of age or older

If the juvenile’s parent or guardian can be located, the juvenile will be
released to them regardless of the family’s immigration status.

3. If the juvenile’s parent or guardian cannot be contacted, the juvenile
will be released to Border Patrol. Transportation to an INS/U.S. Border
Patrol facility is authorized for this purpose.

4. An ARJIS-9 report will be submitted detailing the circumstances of
the detention and the disposition of the juvenile.

B. 601 W&I Status Offenses (i.e., curfew, truants and runaways)

1. Under 13 years of age

If the parents reside in a foreign country, the juvenile will be transported
to Hillcrest Receiving Home.

2. Thirteen years of age or older

It is incumbent upon the Police Department to return juveniles without
parental supervision to their parents, guardians or school officials. If the
parents or guardians are in the United States and can be contacted, the
juvenile will be released to them.

If the juvenile’s parent or guardian cannot be contacted, the juvenile will
be released to Border Patrol. Officers are authorized to transport the
juvenile when Border Patrol is unable to respond or there would be an
excessive time delay.

3. A juvenile contact report (ARJIS-8) will be completed detailing the
circumstances of the detention.

C. 602 W&I Minor Offenses

1. Under 13 years of age

If the parent or guardian cannot be contacted, a court order is required
before Juvenile Hall will accept them. In these cases, personnel at Juvenile
Hall will be responsible for obtaining the court order. Officers will stand
by until a disposition is reached by Juvenile Hall.

In cases where a court order is not issued, the arresting officer should
contact the Division’s Juvenile Detective (day or night). The Juvenile
Detective, with the assistance of the Juvenile District Attorney, will
coordinate the placement of the juvenile in Juvenile Hall or Hillcrest
Receiving Home.

2. Thirteen years of age or older

If a juvenile is arrested and the parents or guardian cannot be contacted,
the juvenile will be placed in Juvenile Hall.

3. A Juvenile Contact Report (ARJIS-8) will be completed detailing the
circumstances of the arrest.

D. 602 W&I Serious Offenses

1. Juveniles arrested for serious and/or violent crimes shall be placed in
Juvenile Hall.

2. Officers shall photograph and fingerprint the juvenile taken into
custody. The photograph and fingerprints should be attached to the
investigator’s copy of the juvenile contact report.

3. All arrests of undocumented juveniles shall be documented on a
juvenile contact report (ARJIS-8).

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