Internal Affairs Report

CASE NUMBER 2130710
Willie Lovett, CHIEF OF POLICE
1/13/14
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Table of Contents
Investigator's Report
II
Complainant's Statement(s)
Witness Statement(s)
Witness Officer Statement(s)
Subject Officer's Statement Subject Officer's History
Official Documents
Additional Information
Closure Report(s)
General Order(s)
Misc. Information
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PC Ll C E
1. OPS NUMBER:
2130710 July 24, 2013 Robert Cutter
2. INCIDENT DATE: 3. COMPLAINANT:
4. OFFICER(S) INVOLVED
A. Officer Frank Retequiz B. Officer David Baker
ASGN
Patrol/ Pet. 4 Patrol/ Pet. 4
YRSOFSERV
2 years 3 years
DUTYSTS
Active Active
5. GENERAL ORDER(S) APPLICABALE TO INVESTIGATION: A. Officer Frank Retequiz GO# ADM-004: OATH OF OFFICE, ETHICS, AND CONDUCT
I. GENERAL STANDARDS OF CONDUCT 5. Treatment of Others - Employees shall treat citizens, superiors, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another and in the presence ofthe public; employees will be referred to by rank.
GO# ADM-007: USE OF FORCE

B Drawing or Exhibiting Firearms 1 An Officer's decision to draw or exhibit a firearm should be based on the Officer's reasonable belief there is a substantial risk that deadly force may be needed. When an Officer has determined that the use of deadly force will not be necessary, the Officer shall, as soon as practicable, secure and/or holster the firearm.
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2 Whenever an Officer exhibits a firearm and points it to control an individual (offensively or defensively), they shall complete and submit a UOF Report. SWAT and Mobile Field Force are exempt from this in actual SWAT and Mobile Field Force Operations.
GO# OPS-048: CRITICAL INCIDENT REPORTING Category I Incidents Incidents likely to bring discredit to SCMPD
B. Officer David Baker GO# OPS-048: CRITICAL INCIDENT REPORTING Category I Incidents Incidents likely to bring discredit to SCMPD
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SECTION 1
Investigator's Report
By:
1.) Sgt. J. Wright 2.) Lt. A. Oliver
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ADMINISTRATIVE INVESTIGATION Incident Report OPSNUMBER:!_2_1-30_7_1_0_ _ _ _, DATE: _ _ _ _ _,___ ________,_____ ,__,___________ EMPLOYEE: ,. Officer Fran-k Retegu,_iz
I 08/06/13
r-lc-:c-Nc-:c-v=E---=-sT=I::-=G-:-A-=T---=-o-=--R-:,_ I Sgt. J. Wright
July 23, 2013 The Internal Affairs Office received a memorandum from Lieutenant D. Robinson in regards to a traffic stop involving a Mr. Robert Cutter. Lt. A. Oliver contacted Mr. Cutter and he wanted to file a complaint in reference to the Officer's action during the traffic stop. The complaint was assigned and Mr. Cutter was agreed to come in for an interview.
July 24, 2013 Mr. Cutter came into Internal Affairs for an interview. asked to explain his complaint.
([he following interview was recorded with
audio capabilities. The following is a paraphrase from the recorded interview with Mr. Cutter.)
Mr. Cutter was
According to Mr. Cutter, on July 15, 2013, he had just left his physical therapist and was having to shift gears with his left arm. As he was traveling on Whitebluff Road, Officers pulled him over and at first, he was sure of the reason. Once Mr. Cutter came to a stop, the Police Officer (Reteguiz) approached his vehicle and pulled out his gun and told him, " .... Stay in the car, stay in the car .... " Mr. Cutter said that this scared him so bad that he tells the Officer, " .... My name is Robert Cutter and my wife is the City Manager, Stephanie Cutter .... " Officer Reteguiz then 'eased down a little' and asked Mr. Cutter for his driver's license. Mr. Cutter described Officer Reteguiz's demeanor as; " .... Like he was having a bad day .... " The second Officer (Baker) then approaches Mr. Cutter and they have a conversation while Officer Reteguiz goes to the Police vehicle and writes the citation. Once Officer Reteguiz walks back up to Mr. Cutter, he is issued a citation for No Seatbelt. Mr. Cutter was asked about the reason that the Officers pulled him over. Mr. Cutter said that he was shifting gears with his left arm because he couldn't use his right arm. He 1
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added that he had placed the shoulder belt beneath his left ann so that he would be able to reach forward. Mr. Cutter was asked to explain the Officer's actions when the gun was pulled out of the holster. According to Mr. Cutter, " .... The Officer got out of the car, he had his gun out, coming around there, looking into the car, you know, he didn't have no warrant or anything .... " Mr. Cutter was asked if he recalled anything the Officer said when the gun was pulled out. Mr. Cutter said, " .... Well I was about too, you know, at the time, that's when I was pulling, doing, maneuvering, he was asking; What was you doing? (Mr. Cutter replied), Sir, I'm trying to put on the emergency brake .... " The Officer asked for Mr. Cutter's driver's license and Mr. Cutter asked the Officer if he could get out of the car. The Officer then allowed Mr. Cutter to do so. Mr. Cutter was asked what he meant by the Officer having a bad day. According to Mr. Cutter, Officer Reteguiz came at him in a "harsh way". Mr. Cutter was asked if he recalled if the Officer said anything that he would deem inappropriate. Mr. Cutter replied, " ... .I don't want to really say that he did anything inappropriate, I kind'a like, blocked it out ...." " .... The only thing I can say, can remember, like I say I was in pain, the way he talked, his tone of voice ...." Mr. Cutter was asked if the Officer pointed the weapon directly at him. He said that the gun was pointed at him and that he could see the barrel. This concludes the interview with Mr. Cutter.
July 29, 2013 Officer David Baker came into Internal Affairs for an interview.
(fhe following interview was recorded with audio capabilities. The following is a paraphrase from the recorded interview with Officer David Baker.)
Officer Baker was asked to provide details of the traffic stop involving Mr. Cutter. According to Officer Baker, he and Officer Reteguiz were on Whitebluff Rd. when Officer Reteguiz noticed that Mr. Cutter wasn't wearing a seatbelt. Officer Baker was driving so he initiates a traffic stop. At first, Mr. Cutter stops in the roadway and then he pulls into a driveway. Officer Baker stops the Police vehicle in the roadway and the passenger door is right behind the trunk of Mr. Cutter's vehicle. As Officer Reteguiz was getting out of the Police vehicle, Mr. Cutter opens his door. Officer Reteguiz then gets behind the trunk of Mr. Cutter's vehicle and starts to draw his weapon out of his holster. Officer Baker then gets out of the Police vehicle and sees Mr. Cutter getting out of his vehicle. Officer Reteguiz tells Mr. Cutter to stay in his vehicle. Mr. Cutter complies and Officer Reteguiz goes up and speaks with him. Once Officer Reteguiz obtains Mr. Cutter's driver license, he goes back to the Police vehicle. Officer Baker said that's when he approaches Mr. Cutter and it appears that he is upset. During their conversation, Mr. Cutter tells Officer Baker that he is the City Manager's husband and starts to question Officer Baker as to the reason he was pulled over. Officer Baker explains the seatbelt violation and Mr. Cutter begins to calm down. Mr. Cutter tells Officer Baker that he wasn't wearing his seatbelt because he recently had shoulder surgery. Once Officer Reteguiz completes the citation, he issues it to Mr. Cutter and he leaves.
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Officer Baker was asked to explain what he saw when Officer Reteguiz pulled his weapon. According to Officer Baker, Mr. Cutter's legs were coming out of the car and Officer Reteguiz was telling him to stay in the car. From what Officer Baker recalls, the weapon was barely pulled out of the holster and was pointed at the ground the entire time. This concludes the interview with Officer Baker.
(The following interview was recorded with audio capabilities. The following is a paraphrase from the recorded interview with Officer Frank Reteguiz.) Officer Reteguiz was asked to provide details of the traffic stop involving Mr.
July 29, 2013 Officer Frank Reteguiz came into Internal Affairs for an interview.
Cutter. According to Officer Reteguiz, he and Officer Baker were on Whitebluuf Road when he noticed that Mr. Cutter wasn't wearing a seatbelt. Officer Baker started to pull over Mr. Cutter and Mr. Cutter stops in the parking lot. Mr. Cutter doesn't pull up completely and it leaves the Police vehicle at a bad angle. Officer Reteguiz's passenger door is directly in the line in sight of Mr. Cutter's door. As Officer Reteguiz exits the Police vehicle, he sees Mr. Cutter opening his door and was stepping out of his vehicle. Officer Reteguiz said this made him fell afraid because he didn't know what was going on. Officer Reteguiz said, " .... he got out pretty fast, so I immediately jumped out my passenger side door and took cover behind his vehicle, behind the trunk for safety purposes. As I was doing so, I pulled out my sidearm. I did not aim at him, it was just unholstered. I gave him verbal commands to him to get back in his vehicle .... " At that point, Mr. Cutter becomes upset and Officer Reteguiz slowly approaches the vehicle with the weapon beside his leg pointed downward. Officer Reteguiz then explains to Mr. Cutter why he told him to get back into the vehicle because it being unsafe and also explains the reason for the traffic stop. Mr. Cutter then attempts to open the door and Officer Reteguiz tells him not too. Mr. Cutter then admits to not wearing his seatbelt due to his shoulder surgery. Officer Reteguiz obtains Mr. Cutter's driver license and goes back to the Police vehicle and writes the citation. Once Officer Reteguiz completes the citation, he returns to the vehicle and Mr. Cutter asked him for a warning. Officer Reteguiz denies the request and assigns a court date. Mr. Cutter is still upset as he tells Officer Reteguiz that his wife is the City Manager. Officer Reteguiz makes a note of the comment on the citation so that he could remember it. He then has Mr. Cutter sign it. Mr. Cutter then goes back to his car and drives out. Officer Reteguiz then tells Officer Baker that it freaks him out when somebody comes out of a car like that. Officer Reteguiz believes that could be the point that something bad could happen so he unholstered his weapon. In his words, " .... this could be the time that it goes down .... " Officer Reteguiz was asked what he meant when he said, " .... this could be the time that it goes down .... " Officer Reteguiz said, " .... All the training we go through, all the videos they make us watch, about how you think it's a normal traffic stop, then this is when bad thing could happen, a shooting could happen ..... "
" .... It changes in a split second so when I see somebody jump out of car like that, that's why I automatically think and I want to get to something tactfully safe and get myself ready just in case something bad happens but I try to defuse it ifl can .... "
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Officer Reteguiz was asked if he has experienced this before. Officer Reteguiz said that this has only happened a few times before and that he has done the same to all those drivers. He said that his gun comes out and it's not pointed at them, it's just ready in his hand. He'll tell them to get back into the car. Once he explains himself: a lot of people are "cool with it". Officer Reteguiz was asked if there was any time during the traffic that his weapon was pointed directly at Mr. Cutter. Officer Reteguiz said that the barrel of the weapon was only pointed at the trunk, somewhat at the low ready position. He was observing what was happening, watching his hands and see if anything was corning out. This concludes the interview with Officer Reteguiz.
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Administrative Leave
August 23, 2013 Officer Frank Reteguiz was placed on Administrative Leave while OPS Case# 2130710 and OPS Case # 2130812 were being investigated. Both OPS cases were sent to Dr. Stone & Associates to be reviewed. September 4, 2013 Capt. Wiley and I spoke with Dr. Stone at St. Simons Island, Ga. Dr. Stone recommend that Officer Reteguiz attend additional training as the prospective cases are completed. September 10, 2013 Officer Frank Reteguiz was taken off of Administrative Leave and was instructed to report to Pet. 4.
Director Gary Taylor was notified of Dr. Stone's recommendations. A request was made that once the training has been completed, a copy of the training report is sent to the Internal Affairs Office.
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ADMINISTRATIVE INVESTIGATION Incident Report OPS NUMBER: EMPLOYEE: DATE: --------------INVESTIGATOR:
fQfc:FrailkRete9-uiZ=otc-.-bavid Baker________________ _
8, 2013 ----------------------------------------
2130710
---------------.---
August 6, 2013, at 3:20p.m. this investigator interviewed Officer Frank Reteguiz. Major Juliette Tolbert was present during the interview. Officer Reteguiz stopped Mr. Cutter on a traffic stop for a seat belt violation. The incident occurred on July 15, 2013. Mr. Cutter alleges that Officer Reteguiz points his firearm at him during the traffic stop. Officer Reteguiz stated that he gathers information from U-Tube videos to use as training tools. Officer Reteguiz admits he is sometimes afraid and scared and wants to go home safe after his tour of duty. August 6, 2013, at 3:52 p.m. this investigator interviewed Officer David baker. Major Juliette Tolbert was present during the interview. Officer Baker stated he sometime places his hand near or on his weapon during traffic stops if someone exits a vehicle. Ofc. Baker stated he did not see a threat from Mr. Cutter. A copy of the power point on vehicle traffic stops was reviewed by this investigator and is made a copy of this file. Both officers' interviews are transcribed and outlined in Section 5 of the case file.
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SECTION2
Complainant's Statement Mr. Robert Cutter Taped Interview
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SECTION 3
Witness Statement(s) NA
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SECTION 4
Witness Officer Statement(s)
NA
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SECTION 5
.............
Subject Officer(s) 3.) Officer Frank Reteguiz Garrity Warning Discipline History Taped Interview Transcribed Interview 4.) Officer David Barker Garrity Warning Discipline History Taped Interview Transcribed Interview
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Ptl Frank Andrew Reteguiz - Personal Info

Home Address :
Savannah, GA 31405
Assignment (Unit) : Emergency Shift : Work Phone: Home Phone: Contact Phone : Contact Name : Comments: Last Name: Middle Name : Rank (lookup) : Badge Number: Street Number : Street Name: Apt Number: State (lookup) : Payroll Number: Social Security : Operator License # : Licensing State : License Expires : Eye Color: Race: Height: Degree Earned : Image Date: Photograph : (rich text field)
Operations Division\Patrol South\Southside Precinct A-1 351-3400 6
Shift: Days Off: Cell Phone: Pager:
C-shift Fri, Sat
Margarita Rolon
Relationship :
Relative
Reteguiz Andrew Ptl 0 2
First Name: Surname (Jr, Ill) : Title (Civilian) :
Frank
Sworn I Civilian : Sworn Street Direction : EAST Street Type : City:

Street Savannah 31405 4210
GA 11607
ZIP: Activity: Birth Date:
057654492 GA 08/23/2016 BRO Hispanic 5'10" College 10/25/2011
Employ Date: Term Status : Term Date: Hair Color: Sex: Weight: College Hours :
06/27/2011
BLK Male 218 124
f_reteguiz_11607. jpg
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NOTIFICATION OF ADMINISTRATIVE INVESTIGATION

TO: Officer Frank Reteguiz
FROM: DATEffiME: RE: 07/29/2013@
:2: 53
pm
OPS CASE# 2130710
You are hereby notified that an administrative investigation is being conducted to determine if your actions in the incident outlined below constitute a violation of Department Policy and/or Procedures.
GARRITY WARNING
You are being questioned as part of an official administrative investigation by the SavannahChatham Metropolitan Police Department. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties and/or your fitness for duty. You are entitled to all the rights and privileges guaranteed by the laws and the Constitution of this State and the Constitution of the United States. If you refuse to answer questions relating to the performance of your official duties and/or your fitness for duty, or falsely answer such questions, you will be subject to Departmental discipline, up to and including termination. If you answer, neither your statements nor any information or evidence derived from such statements can be used against you in any subsequent criminal proceedings, except for perjury or obstruction of justice charges. However, these statements may be used against you in relation to any subsequent disciplinary action.
I have read and understand the information above. My statement is being given pursuant to a Departmental administrative investigation.
SIGNATURE: WITNESS:
7/ 2._?/(_5 z/:;_4 /(J
TIME: TIME:
4rs. /L/53/..,s) 't{" 1.
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Captain Henry Wiley, Commander Internal Affairs
Prior Discipline:
Officer Frank Reteguiz Violation Discipline
NONE
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Today is August 6, 2013. The time is now 3:20p.m. This is Lieutenant Andre Oliver in an interview with Officer Frank Reteguiz. Also present in the interview is Major J. Tolbert.
Lt. Oliver:
Ofc. Reteguiz:
If you can, just state your name for the tape. Officer Frank Reteguiz. Let me remind you that you're still under Garrity from being interviewed by Sgt. Wright. What I would like for you to do is outline what happened on July 15, 2013 involving a traffic stop with Mr. Cutter. On July 15th me and Officer Baker were riding in a single marked unit - we were a two man unit. That day we were focusing on traffic stops. We were going south on White Bluff pass Holland in which we saw Mr. Cutter's vehicle. We were behind Mr. Cutter's vehicle when we saw his seat belt hanging down. It was not properly fastened. Me and Officer Baker followed the vehicle for a while to double check and make sure there was no if ands or buts that the seat belt was off. Officer Baker (inaudible) I'm not sure. Officer Baker and I then initiated the traffic stop. We called it out over the radio, and we pulled into -I can't remember what business it was - it was like a car wash or a laundromat. He pulled in too -. To a certain degree where we had - Officer Baker had come in at an angle behind this vehicle. I saw where at the passenger door, which I was sitting at was facing the trunk and the driver's side door. And so as we pull over at that point so Officer Baker's car doesn't get hit by traffic. I saw Mr. Cutter immediately jump out of the vehicle. Due to my police officer safety and what I've been taught and the videos I've seen, this made me scared and I immediately took action by coming out of the vehicle, going straight behind the trunk and had my side- took out my side arm. At this point my gun was at a low ready. It was aimed at the trunk. It was not aimed at Mr. Cutter. I gave Mr. Cutter orders to get back in the vehicle- get back in the vehicle (inaudible). I told him to get back in the vehicle- he got back in the vehicle. I approached Mr. Cutter with my firearm still out, but it was not pointed at Mr. Cutter and asked him why he did that and explained to him what was going on. He was very - he was angry at us. He said he wanted to know why he was pulled over. I told him it was the seat belt. At this point Officer Baker came by and he saw him (inaudible). I gave the officer Mr. Cutter's license. I ran his information into GCIC and NCIC. I found no outstanding warrants, nothing suspended or anything, then wrote the citation. Now I get to Mr. Cutter. Mr. Cutter was upset of the Citation. I had him to sign the Citation; and I told him if he was upset, go to court and argue it with the judge1
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Lt. Oliver:
Ofc. Reteguiz:
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and just basically take it to court. After that Mr. Cutter was free to leave and me and Officer Baker left the scene. Lt. Oliver: What- explain in detail to me about Mr. Cutter being disorderly, or I mean how was he very disorderly? I mean if he was disorderlyexplain that to me. He was angry with us. He was angry with me pulling his over. He explained to me that he never had a ticket, and his wife was the City Manager. He was disorderly too when he come out the car, and I can't remember what he said to us. You can't remember what now? I can't remember what he said to us when he came up out the car. I just remember reacting out training, because I mean we get caught up because in all honesty I had no idea who this man was. I had no idea what his actions were. What he intended to do. My job was to create safety for myself and prepare for the worst case scenario. I listened at your tape - your statement earlier today, and you told Sgt. Wright that your weapon was at somewhat of a low ready. What do you mean somewhat? Either you had it at low ready or not at low ready. It was never aimed at him, because the angle was at the trunk. Low ready is like this. For the tape, explain that. You said like what-? I had my firearm close to my chest pointing down. Because I was close to the trunk it was more pointing towards the trunk. Okay why did you draw your weapon? Because of the training I went through. The training we was enforced even been taught. The videos I've watched - the Youtube videos and stuff like that. It's just automatic reaction that as soon as I see someone jump out of a car, I just think the worst. And I felt like I needed to take out my weapon. It was not aimed at him. I had to take out my weapon just to be prepared for what might happen and from there de-escalate. Videos are for training correct? Yes.
Ofc. Reteguiz:
Lt. Oliver: Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
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Lt. Oliver:
So my next question is what threat did Mr. Cutter show to you? Or what threat was there - what threat did you see from Mr. Cutter when you got out of the car? Other than him exiting the vehicle, what threat? He immediately got out of the car as soon as he pulled over. So, me as the officer, that honestly scares me. When someone comes out (inaudible) that comes out the car like, because they're about to run or something is about to happen, or I can be put and Officer Baker can be put in danger. If someone exited the car like that immediately he stood up and was fast. That way I got out of the car as fast as I can, butMy question is did you see a threat from Mr. Cutter? A weapon? Any type of weapon in his hand? I did not see any weapons. So again what threat did Mr. Cutter pose to you when he was just getting out the car? I felt like I was in danger when he got out of the car, because eventhough he may not have had any weapons at the time, or in his hands - he could of just easily got out - took a weapon out of the car and probably open fire because he had a perfect angle from where I was at to shoot me. If there was some type of (inaudible) he had a weapon. Maybe - let me rephrase that - did you see Mrs. Cutter with any weapons? I did not see Mr. Cutter with any weapons. Okay. So your threat was you saw him getting out of the car in a fast motion, or exiting the vehicle fast? Yeah. And that was perceived as your threat? Yes that was perceived as a threat. Okay, and you mentioned about being tactically sound. If you felt that was a threat, why did you approach Mr. Cutter's vehicle? Because at that point, Mr. Cutter was talking in the vehicle. He sat back down in the car, and I slowly walked up to him, looked in the vehicle, and saw his hands. At that point when I saw his vehicle
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Lt. Oliver:
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and his hands, I didn't see any weapons. As I talked to him, the weapon was holstered, and I completed the traffic stop from there.
Lt. Oliver:
But are you turning to approach the threat? If you felt it was a threat- you said yourself just now that you were afraid. Why would you approach a threat knowing that you are afraid? At that moment I felt that it was contained. How he was contained, he was back in his car, and I could sort of see what he was doing. Was your weapon drawn because you saw Mr. Cutter exit the vehicle? I'm trying to figure out why your weapon was drawn. My weapon was drawn because he exited his vehicle in a fast manner where I felt it was aggressive. I thought for safety purposes that's why my weapon was drawn. So is it safe to say that everytime someone exits their vehicle in a fast motion, you unholster your weapon? Yes. Do I aime it at them- no. Do I draw down on them- no. My weapon comes out - and you guys can disagree on this or not, but my weapon comes out whenever somebody jumps out of the car like that; because it obviously scares me because I have no idea what they are about to do. I totally disagree with you. To draw your weapon everytime somebody exits a vehicle fast. If they jump out as soon as I make a traffic stop. If they open that door and exit that vehicle, as fast as I can I want to be prepared. want to be prepared. My drawing the weapon - like I said does not mean I'm drawing down on them. I have my gun aimed at them diagonal point, there's no use of force involved, it's just unholstered. That's not the point. The point is you're saying everytime someone exits their vehicle fast, you unholster your weapon. When they exit their vehicle, as soon as I pull them over, and I did not give them a command to exit the vehicle - they automatically exit the vehicle, I'm unholstered- yes. Rather you give someone the command to exit the vehicle or not, the average person when you pull them over, the first thing they're going to do is try to get out their vehicle. Sir I have to disagree because all the traffic stops I've done at this point, there's a small minority to a point where they exit the vehicle
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like there. Most of them knows to stay in the vehicle. Most of them know to stop the car.
Lt. Oliver:
Why would you say most of them know to stay in their vehicle. Because when I (inaudible) in an ample of time - take off when they jump out of the car (inaudible). Where is that written at that they going to stay - civilians are going to stay in their vehicles if you stop them? Also (Inaudible) someone jump out of the car doesn't mean they're going to have a threat to make. Again did you see a threat when Mr. Cutter got out the car? I perceived -
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
Ofc. Reteguiz:
Lt. Oliver:
I didn't ask you what you perceive. I asked you did you see a threat? Did you see a weapon in Mr. Cutter's hand? I did not see a weapon. I did not see a weapon.
Did you see any objects in Mr. Cutter's hand? No. Okay. Why would you approach the vehicle if you were afraid? Like I told you sir, I thought the threat was contained at that point. He was back in his vehicle. His hands were shown. I didn't see any weapons at the time, so I approached. So you thought that was tactically safe to approach the vehicle? No I wouldn't say - no, although it seem pretty stupid now. (Inaudible) that part was a stupid part. I'll admit to that part, but anything up to that part, I did what I thought was safe. Yes you were right. Now that you mention that, that was stupid for me to walk into that- approaching that car like that. Do you know what the policy is on displaying your firearm? Yes. What is it? I can have it at low ready, but as soon as I draw down on someone at a high ready or muzzle pointed at them, that's a use of force.
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Lt. Oliver:
So if we go back you saw Mr. Cutter with no weapons. The only thing you base it on is him getting out of the vehicle at a quick pace? Sir you know this as well as I do. I'm asking you a question. The only thing you based this on was Mr. Cutter exiting the vehicle at a fast pace? Yes. At a fast pace, which I don't know what he was doing. Did you see any movement in Mr. Cutter's vehicle before he got out other than him getting out of the vehicle? Just him exiting the vehicle in a fast manner. Did you see Mr. Cutter fumbling around in his vehicle before him getting out of the vehicle? I can't recall. I was looking down at the MDT to type in the license plate number. And what was Mr. Cutter doing for you to pull him over? His seatbelt was not fastened. It was hanging straight down from the b-bar. And I may have already asked this question, but would you say it was tactically sound to approach a vehicle that you felt was a threat? Because you mentioned tactics here, so do you think that was tactically sound to approach a vehicle that you thought was a threat? Everything I did up to a point where we agreed that what I did was stupid. No. No. No. We didn't agree it was stupid. You said it was stupid. Okay I agree, but I think everything else at that point was that I did tactically sound. At that moment like I said where my door was atwhere I was angled atwhere the actions were; I did what I hadwhat I thought I had to do. Nothing more. Nothing less. I didn't use any more force than I had to- any less force than I had to. Did Mr. Cutter comply with you when you told him to get back in his vehicle? Yes. Okay. And we can agree Mr. Cutter was not a threat when he got out of the vehicle, because you saw no weapons displayed or
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anything? (After a brief delay). You have to answer for the tape. Hand gestures is not going to get it. Ofc. Reteguiz: At that moment I perceived him as a threat eventhough I did not see him with weapons. Why are you perceiving him as a threat? Because when someone comes out of the car like that in an aggressive manner- jumping out of the car like that (inaudible), I have no idea what he's doing. When- and right now the what if's. What could have been. What should have been. No. No. No. We can't go on what if. We have to base it on what we know at the time of the traffic stop. And why no other time at traffic stop when someone jumps out of the car like that. I mean he could run. He can try to read for a weapon from inside the car, or he mightBut you can't base one traffic stop on all traffic stops. Every traffic stop is different, but what you're telling me is that everytime someone jumps out the car you unholster your weapon. Yes. Are you afraid? Do I want to go home at the end of the day - yes. That wasn't my question. Are you afraid of this job and what you do? No. I go home. I do this job. I do the best I can. Yes there are (Inaudible) moments. Those moments that get your heart jumping. What I do- when I pull my gun like that, it's for my safety. But you can't go around pulling your gun everytime somebody jumps out of a vehicle - steps foot out of a vehicle. He didn't step his foot out. He stepped his whole body out. Okay his whole body. What did you see that was a threat when he pulled his whole body out the vehicle? You have yet to tell me what threat you saw. I told you he come out of the vehicle in a that manner. I have no idea what he was going to do. That's a threat.
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Lt. Oliver:
That's not a threat. That says at the time whatever - if he's going to reach for his gun (Inaudible) reach for a gun. That's not a threat, and I'm not going to allow you to go back on the street - in your mind thinking that everytime somebody jumps out of their vehicle in a quick manner that's a threat. That's not a threat. That's how innocent people get hurt. That's how officers get hurt, so no I'm not going to allow you to sit here and say everytime someone gets out of a vehicle it's a threat, because it's not. Now in your mind if you think that, then the Major need to see that you get some more training other than what you're getting. Because everybody that jumps out of a vehicle is not a threat. So you have the mind - the wrong mindset. Are there threats out there that get out of the vehicle? Of course there are probably several, but you can't base one traffic stop on every traffic stop you make. And you said at one point, you've done it before and you explain it to the people and they're cool about it. No that's not cool. It's nothing cool about displaying your firearm. This is what I read in your statement. If you are afraid of this job, then I think you're in the wrong profession. Sir I love this job and I'm not afraid to do it. I already encountered a subject this past year, and I - I dealt with it. I chased after a robbery suspect who probably was going to- who might of shot me, and I still went to work the next day. So no I'm not afraid of this job. But you're making decisions based on someone getting out of a car fast. So if you stop me and I get out of my car fast, you're going to draw your weapon? That's what you're saying now. That's my understanding. And if I'm wrong in saying that to you - then you can explain it better to me. So would I be correct in what I just said? (Inaudible). No I asked you a question. First of all we're not going to play getting smart. I'm asking the questions here okay, and you answer them. Now if you feel you don't want to answer them, you can feel free to get up at anytime you wish. I have no problem with it, and I'm sure the Major don't have a problem with it either. Anger does not phase me one bit at all. You can be angry at me at this point- I mean I really don't care. I'm seeking answers. And my question to you is: everytime someone gets out of the car fast, is it safe for me to say that you unholster your weapon if they step out of a vehicle fast? If they step out of a vehicle fast-.
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1/13/14
CITY000026ORA
Lt. Oliver:
Is that yes or no? Yes I unholstered, so it's not drawn. It's not aimed. Whether it's drawn or aimed, you unholster your weapon when someone gets out of the vehicle fast? Yes. Did you notify your supervisor? No. Why? At that point and time- so after that he calmed down. He got back in his car and signed the Citation. I didn't see any problem getting a supervisor. I didn't need a supervisor at the time. You didn't think it was important to notify a supervisor that you stopped the City Manager's husband? At the time no. It's my first time encountering something like this. (Inaudible). And why did you write on the Citation that Mr. Cutter was the City
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Because he was telling me about that. remember it for court.
I was (inaudible) just to
Lt. Oliver:
So why didn't you just write it on your copy?
Ofc. Reteguiz:
Lt. Oliver:
I didn't think I had the time. I just wrote it down on there at the time.
Did Mr. Cutter make any threats to you when you got out of the car? Verbal threats- no. He used physical? Stepped towards you physically? No. So is it safe to say there wasn't a threat? No. It was a perceived threat.
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Lt. Oliver:
I'm not asking you about what was perceived. I asked you did Mr. Cutter make any steps towards you? Make any threatening gestures? Walked toward you in an aggressive manner when he exited his car? He just exited the vehicle. I was trying to take cover. I unholstered, gave him verbal commands, and he stepped back in the vehicle after the verbal commands. Did he comply with your verbal commands? Yes. Major do you have any questions? Why were you and Baker riding together that day? normally double up? Do ya'll
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Major Talbert:
Ofc. Reteguiz:
That happens when - I'm trying to remember. I think it wasn't enough pool cars that day. He has a take home car. You were not the driver were you? He was the driver. I was the passenger. I don't have anymore question . This interview concludes at 3:40 p.m.
Major Tolbert: Ofc. Reteguiz:

Lt. Oliver:
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Ptl David Baker- Personal Info

Home Address : Assignment (Unit) : Emergency Shift : Work Phone: Home Phone: Contact Phone : Contact Name : Comments: Last Name: Middle Name : Rank (lookup) : Badge Number : Street Number : Street Name : Apt Number: State (lookup) : Payroll Number: Social Security : Operator License # : Licensing State : License Expires : Eye Color: Race: Height: Degree Earned : Image Date: Photograph : (rich text field) 051794983 GA 09/26/2013 BRO White 6'0" High School 09/22/2011 GA 11205 Ptl 0 Baker First Name: Surname (Jr, Ill) : Title (Civilian) : Sworn I Civilian : Sworn Street Direction: Street Type : City: ZIP: Activity: Birth Date: Employ Date : Term Status: Term Date: Hair Color: Sex: Weight: College Hours : BRO Male 160 01/04/2010 Way Rincon 31326 4210 David Operations Division\Patrol South\Southside Precinct A-1 351-3400 Shift: Days Off: Cell Phone: Pager: Relationship : Mother C-shift Fri, Sat
1/13/14
CITY000029ORA
NOTIFICATION OF ADMINISTRATIVE INVESTIGATION

TO: Officer David Baker
FROM: DATE/TIME: RE: 07/29/2013@
OPS CASE# 2130710
You are hereby notified that an administrative investigation is being conducted to determine if your actions in the incident outlined below constitute a violation of Department Policy and/or Procedures.
COMPLAINANT'S NAME: LOCATION OF INCIDENT: DATE OF INCIDENT: ALLEGATION(S): WhitebluffRoad near Holland Drive
July 15,2013 @ 4:37pm
Officer Reteguiz was unprofessional while conducting a traffic stop.
GARRITY WARNING
You are being questioned as part of an official administrative investigation by the SavannahChatham Metropolitan Police Department. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties and/or your fitness for duty. You are entitled to all the rights and privileges guaranteed by the laws and the Constitution of this State and the Constitution of the United States. If you refuse to answer questions relating to the performance of your official duties and/or your fitness for duty, or falsely answer such questions, you will be subject to Departmental discipline, up to and including termination. If you answer, neither your statements nor any information or evidence derived from such statements can be used against you in any subsequent criminal proceedings, except for perjury or obstruction of justice charges. However, these statements may be used against you in relation to any subsequent disciplinary action.
I have read and understand the information above. My statement is being given pursuant to a Departmental administrative investigation.
DATE: WITNESS:
SCMPD FORM 1045w (06/0 1/07) CALEA 52.1.6
DATE:
S 7/:2 "'1/tJ
TIME: TIME:
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I L(.' IS
1/13/14
CITY000030ORA
Captain Henry Wiley, Commander Internal Affairs
Prior Discipline:
Officer David Baker
Violation
Discipline
None
1/13/14
CITY000031ORA
Today's date is August 6, 2013. The time is now 3:52 p.m. Myself, Lieutenant Andre Oliver and also present is Major J. Tolbert. I will be in an interview with Officer David Baker.
Lt. Oliver:
Let me remind you that you'were advised of Garrity when you were interviewed. You are still under Garrity. What I want to do is take you back to July 15, 2013, a traffic stop on Mr. Cutter. What can you tell me about it? Do you want me to go through the whole traffic stop again? Yeah. I was driving that day. Officer Reteguiz was with me. Officer Reteguiz observed a single occupant vehicle. I think it was a Merceds or a BMW. I can't remember the color - traveling south on White Bluff near Holland. We observed the male passenger not wearing a seatbelt- he pointed out to me. We made a traffic stop. The vehicle first came to a stop in the middle of White Bluff; and after making a stop, proceeded and pulled into an old car wash parking lot, leaving our vehicle out on the road way. When Officer Reteguiz exited the vehicle, the male passenger exited his vehicle at the same time. I got out of my driver's side. Officer Reteguiz gave verbal commands to the passenger to get back in the vehicle. The driver of the vehicle - legs came out of the vehicle, and his left hand came out of the vehicle at the same time as his feet. After Officer Reteguiz gave him verbal commands, and Reteguiz kind of hid behind his trunk because of the way our vehicle was positioned and left him no other way; because my vehicle was in the road. It was a tactical positioning was really bad. Investigating a two officer unit it just left no way for us to be tactical. Office Reteguiz gave him verbal commands. I was on the opposite side of the - way far away. The gentlemen put his feet and everything back in and closed the door. Officer Reteguiz walked up to the driver's side, and I came around the back side of my car to the passenger side. I think the window was up, so I couldn't really hear what the gentlemen was saying. Officer Reteguiz spoke to him. It was pretty brief. He explained to him why we stopped the vehicle, and got his driver's license and went back to my car and started running his license and everything. Then I came around the back side of the vehicle, walked up and talked to the gentlemen who was pretty agitated. I started talking to him. He said he wasn't speeding. He wanted to know why we pulled him over. I explained to him it was because of the seatbelt and not because of speeding. He started to calm down. We talked for a little bit. I explained to him we'd have him out of there in just a second. It wouldn't take very long. The officer would be back up there to talk to him in just a second.
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1/13/14
He seemed to calm down from where he was when he was initially talked to by the other officer. I went back to my patrol vehicle. Officer Reteguiz was by that time almost done with the ticket that he was writing inside the patrol vehicle. I don't know if it was a warning or a citation. He exited. Went back up. I was on the passenger side. Officer Reteguiz spoke to him very briefly. He gave him back his driver's license and had him sign the citation, and he left.
Lt. Oliver:
What did Mr. Cutter do to make him- I read the statements. What did he do to make him so disorderly? Mr. Cutter- what was he doing? To make who disorderly? Mr. Cutter. Was he disorderly? As soon as we pulled him over, he tried - like jumped out of the car, and I don't know - . That usually don't happen on traffic stops. So it made - I don't know why he was trying to get out of the car so quick, but Officer Reteguiz gave him verbal commands to get back in the car. And I guess when Ofc. Reteguiz went up to talk to him, he was just- he was immediately agitated and yelling. Could you hear the yelling? I mean his voice was raised. He just wanted to know, "why are you pulled me over"? I mean I couldn't hear exactly what was said, because I was on the opposite side of the car, back like being the cover officer. When I went up to talk to him, he was agitated. I could tell. He was saying, I wasn't speeding. I don't know if he said - exactly what he said, but "you have no reason to pull me over" -stuff like that, and I said we didn't pull you over because you were speeding. We pulled you over because you didn't have your seatbelt on, and he said to me; I wasn't wearing my seatbelt because I just had surgery on my shoulder. And at that time he was reaching back with his left arm pulling the seatbelt while he was doing that. So I didn't question him or anything like that, and I said okay I understand. He said that- I want to say a month ago he had shoulder surgery. I'm not exactly sure. I can't remember exactly the month sir when he had it, and I didn't question him on any of that. I just said it will be a couple of more minutes and the other will be back up and talk to him; and we'd have him on his way. And he seem to calm down when I talked to him. When Officer Reteguiz got out of his vehicle, did he have his firearm displayed before he got out of the vehicle; or when he was getting out of the vehicle?
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1/13/14
CITY000033ORA
Ofc. Baker:
When he got out he immediately went to cover behind the trunk, and I think he grabbed it and brought it out just a little bit. It was hard for me to see because he was on opposite side of the car and the car was between us, but I could see that he went behind the trunk real quick; because the guy was coming out quick. Like he said door immediately when Ofc. Reteguiz got out the car to approach, the door came open and his legs swung out. So was he able to get all the way out of the vehicle? Did he ever get all the way out the vehicle? No his legs swung out and then Officer Reteguiz moved real quick like from behind the truck, and gave verbal commands. So I guess it stopped him from getting out of the car. Okay so at no point did Mr. Cutter got out of the vehicle and was standing up? No he wasn't. I don't think he was standing up. His legs came out though. I know that. I seen that. I was trying to watch Reteguiz and him at the same time, so a lot was going on- to make sure. Did you perceive Mr. Cutter to be a threat? When he first came out the vehicle, I ducked down a little bit and tried to watch what was going on, but after he was back in the vehicle and everything - I mean we approached with caution. Did you display your weapon at anytime?
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I didn't bring it out of my holster or anything.

Did you unsnap it or anything? No I put my hands like - I put my hands on it. I didn't take it out or anything. SoI just duck down near my car a little bit. Normally on traffic stops do you unsnap your weapon when you make traffic stops? Not every -when I'm approaching, I'll put my hands close to it or just walk up; but if somebody gets out - it all depends on like - if the door starts getting open I would probably - . In Reteguiz situation I'd probably - how quick that door opened and his leg swung out, I probably would of started to draw my weapon.
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Lt. Oliver:
But I'm saying - my question is if someone is getting out of the car -let me back up. We're talking about you. In normal situation- if someone gets out of the car fast, would you unsnap your weapon or would you assess the situation before you do that? Or is it common practice for you to unsnap your weapon when you see somebody get out of the car quick? I would -I'd probably- yeah I would unsnap. It all depends on the situation I guess. In that situation - yeah I would of. If I was on the other side. I had cover. Reteguiz really didn't. Okay. And that's my question. Why didn't you? Because I had the car between us. Reteguiz got out a little bit before me. I was behind the car, and
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But you had another officer's safety (inaudible). Let me ask you this: Did you see a weapon in Mr. Cutter's hand? I never seen. I seen his legs come out, and Reteguiz was already giving verbal commands. So I guess Reteguiz was already a couple of seconds before me and I had to react to him, and then look down. So my question is: what was the threat to make Office Reteguiz pull his weapon? Officer Reteguiz seen different things than I did, I guess. Right. So I'm asking you did you see a weapon in Mr. Cutter's hand? I didn't. Did you see anything other than his feet coming out the door? I just seen him trying to get out the vehicle. Right. And when you told him to get- I'm saying when you saw that, did you perceive that as a threat? On a traffic stop, anybody getting out of a vehicle I would take that as -I mean I would just have to attest it. I wouldn't approach them. That's my point, so you would wait to see what kind of- or observe to see what you got? So would it be normal? Would it be safe to say that you would assess the situation before you went to your firearm?
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Ofc. Baker:
If they continued to get out of the vehicle, I would have it out. I would want to have - If they continued to come out of the vehicle, you never know if they have something in their hand or not. And if you go up to the vehicle, you never know what they got in their hand. Exactly. SoThat's why we needed the B-post, and we stayed behind them. And I'm trying to figure out what is this thing about - most people if you stop them are going to try to get out of the vehicle. So I'm trying to figure out what this thing about somebody getting out of the vehicle? And that's fine -you're assessing it, but you have to assess it-. Does most people try to get out of their vehicle? Most try to stop it. I've been engaged in you stop a person, the first thing they're going to do is jump out - hey what you stop me for? And that's fine to tell them to get back in the vehicle. What I'm saying- it sounds like to me it's a routine thing. If somebody gets you out of the vehicle, the first thing is that everybody wants to unsnap their weapon, so I'm trying to see and understand. I haven't had that many people jump out on me on a traffic stop. But if somebody gets out on you, is it normal that you unsnap your weapon? If they jump out on me in a quick manner. I would be ready for anything that would happen I guess. So Mr. Cutter's door come open. You see his feet. No weapon in Mr. Cutter's hand of any type? You never saw his hand? I don't remember seeing his hands. Did you see any movement in Mr. Cutter's car prior to you guys pulling him over? To make you all think that he would have a weapon? It was strange for him to stop in the middle of White Bluff, wait for us to stop, and then proceed, keep going, make a right turn into a
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1/13/14
CITY000036ORA
parking lot, and then leave us out on the roadway. strange to me.
Lt. Oliver:
That was
It would be strange to think - it's strange; but if he doesn't know the distance that he left you to come in, how would that be strange? I'm not saying he purposely left us on the road. I'm just saying usually when a vehicle stops in the middle of the road, and then they usually stop right there. They don't stop, wait for the police to come up, and then go and then pull into a parking lot that's right there (inaudible) where we were stopped originally. Did Officer Reteguiz seem to be afraid? It caught him off guard. When he got out of the car, and that door came open, and he went to the back of the vehicle, the trunk of the other car. Because it caught him off guard. He wasn't expecting the door to come open. But he mentioned being tactically sound. If he's as tactically sound as he say he is, and I can't speak for you. A tactical person is prepared for anything wouldn't you say? I can't speak on behalf of how he felt or how he feels. No I'm talking about you. Do you think you're tactically sound? (Inaudible). I mean I'm just asking. I don't know. I guess in certain situations. I mean we can only prepare for so much. We don't know when things are going to happen. But -let me make sure. You never saw any weapons? You never saw Mr. Cutter's hands? You only saw his feet? I only saw his feet. You never saw his hands? I seen the door come open and then his feet. I was trying to watch where Retequiz was- it was bad positioning. I wanted to make sure the vehicle wasn't going to back up and smash Reteguiz between my car and his. A whole lot of stuff was going on all at once.
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Lt. Oliver:
So Reteguiz got out of the car and instead of trying to seek cover, he made Mr. Cutter get back in the car and started approaching Mr. Cutter's vehicle? He went and covered behind this trunk and his car. Behind Mr. Cutter's vehicle? Yeah. At the same time looking down I guess to where the door was, but I'm behind - over mine - I mean I'm in the - pretty much the best position, and it's two people in my car who (Inaudible) in a bad spot. Would you think that's tactical for him to get behind the car that he just asked the man to get back in and could put it in reverse and back up on him? No. I don't know where else Reteguiz could of went. I mean he probably could of went around the other side, but I - . We can retreat now. There's nothing in the book saying we can't retreat. Oh not at all. I'm just saying so. So Officer ReteguizRight but I'm saying I don't know how Reteguiz thinks. You as a tactical officer- just being tactical, do you think that was a safe thing getting in behind the suspect's vehicle? No. I thought of that. I didn't want Reteguiz to get smashed. That's why I'm trying to think. I'm watching Reteguiz and him. That's why I'm trying to - I was trying to do two things. I'm use to training people. I'm use to having someone in the car with me every now and then; and I'm trying to watch Reteguiz and him. It was hard for me to watch everything going on at once. So prior to you guys stopping Mr. Cutter- as you were following, you saw no other movement in the car until you stopped him and you got out of the vehicle and you saw his feet coming out of the vehicle?
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Major Tolbert:
I just have a couple of little questions. Have you ever really caused the officers (inaudible)? Yes ma'am. You all ever had to draw your weapon on these traffic stops? A few. Yes ma'am. Go off your traffic stops (inaudible)? Yes ma'am. And you all ever had to draw your weapons? Not that I can recall right off the top of my head. (Inaudible)? No ma'am. Would you say Mr. Cutter was upset? Or he was angry? I think he was - he was upset maybe that we pulled him over originally, but then I don't even know how to describe it. Tell me what - tell me what (inaudible). Other than the fact that you guys made a traffic stop - what did you see? What was displayed? What made you feel that he was angry, upset, or what? I didn't understand the way he was angry, because he said - he said to me why did you - "I wasn't speeding"; but he clearly knew he wasn't wearing a seat belt. He even told me he wasn't wearing a seatbelt, so I don't understand why he would even argue this. So - because he clearly stated to me. He says I wasn't wearing it because I had shoulder surgery. So he knew he wasn't wearing a seatbelt. He knew the reason. I even explained it to him. So- but. What do you think made him upset? (inaudible)? What was the questions
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Maybe Reteguiz yelling at him to get back in the car. You don't have any idea why he would be upset? He was never facing us I don't think. His legs came out, the door was open, and before he could even get out of the car all the way Reteguiz said shut your door. Get back in the car. We'll come to you I think, and maybe that upset him. I'm not sure, but-.
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1/13/14
CITY000039ORA
Major Tolbert:
Well let me ask you this: did ya'll unholster {inaudible) in an attempt to get out of the vehicle? Both of- Reteguiz did -yes ma'am. Okay Reteguiz stopped him before he could get out the car. Why do that happen? What did you see go on with him that was of a threatening nature? Before that it was no - up until the door came open, everything was completely - I mean normal. Okay, so there was nothing that happened prior to the door coming open that would have him think I'm being threatened by {inaudible)? No ma'am. open. Everything seemed routine up until the door came
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And when the door came open, how long was the door open before you all asked- Reteguiz asked {inaudible)? When the door came open, Reteguiz moved quickly from my doorthe passenger door, and immediately began telling him to close the door and get back in the car. Would you say that happened within a minute? Two minutes? Five minutes? Oh within seconds. Within seconds? Yes ma'am. So the door comes open- open (inaudible)? Yes ma'am. Yeah Reteguiz gets out, and his door - Reteguiz starts opening his door, and he starts opening his door. Okay (inaudible). So he opens his door up, and (inaudible) just like that. And show me how soon after his door comes open he (inaudible). Demonstrate. As soon as Reteguiz gets out, this door opens with his almost. Reteguiz is back here. It's something like that. Reteguiz- the door opens. Reteguiz starts giving verbal commands. It probably stays open five - six seconds because his leg is back in, and then he
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1/13/14
CITY000040ORA
shuts his door. In that whole time, he's giving verbal commands: Shut the door. Shut the door. I'll come to you. And then Reteguiz is back here -give him a second and while I'm coming around; and then Reteguiz slowly walks up - standing behind the B-post and talks to him while I'm over here. Major Tolbert: Okay and so that happens (inaudible)? Within that time period those seconds that he opened the door, tell me - what about that that made that threat to you guys? The second that he opened and closed the door, what happened there that made this feel like a threat? I guess him- the way he came and swung his legs out. That quick -the door coming open quickly and his legs coming out. That's the threat that you felt (inaudible)? Nothing else about the (inaudible). Reteguiz seen everything before I did, because I'm over here. Reteguiz is going to approach, and I was going to walk around. Reteguiz holds out to the back to the trunk, and I hear everything a little bit later than Reteguiz does. And I'm reacting to his response. So I think what the Major is getting at is did you see a threat? After Reteguiz. I seen the feet come out. But did you see a threat? When you saw his feet come out, did you see a threat? Other than seeing his feet come out, did you see a weapon? You saw Mr. Cutter's feet come out the vehicle, and Reteguiz immediately told him to get back in the vehicle; and he complied? Or did he comply- I'm asking a question? Not immediately. But at some point -you said it was within five seconds. He complied after verbal commands. Not a very long time. So he complied. So where was the threat is what the Major is asking. Not what we perceived he was going to do. Did you all see a threat? Other than him getting out of the car with his legs, was there a threat? Did you see any weapons? There was no threat. And that's what I was trying to understand. What would make you two guys feel that you all felt threatened? If you didn't feel
10
Ofc. Baker:
Major Tolbert:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker:
Lt. Oliver:
Ofc. Baker: Major Tolbert:
threatened then that's fine, but I'm trying to comprehend what would make (inaudible) that this individual was threatening. Ofc. Baker: Anybody opening a door on a traffic stop would make me feel threatened coming - and their legs coming out immediately. Like just opening the door - maybe not, because some people's windows are open, and I've had people crack their doors. That just made me raise my suspicion a little bit; but opening doors and their legs swing out right away raises it a little bit more. I'm notOkay let me ask you this: I'm trying to understand why I have to tell as to why you all reacted to this - . Just thinking about what you just said, if a person swings open a door, or attempt to put their body outside of a car, you would be heightened in your emergency (inaudible). Okay so with that heighteness that you've been raised to would that warrant then the drawing of a weapon? Under the Use of Force Policy if you're familiar with it, does that then give you a level of highteness to draw your weapon? Based on- do you feel that that would warrant you drawing a weapon? Merely because of (inaudible) the opened door and (inaudible) get out of the car. Would that be heightened enough for you to draw your gun? I'm trying to understand why the weapon came into play. I'm basing it on what you all are saying in terms of this threat that you felt. So I'm trying to get you to explain to me. If you feel that that level of a threat would warrant you raising your level of force to that of a weapon. Do you understand what I'm saying? Yes ma'am. Tell me - is that what happened in your case? You feel like it raised it to that level for you to draw your weapon? I just think there's a reactionary doubt there. If somebody's coming out of the vehicle, you never know what they have in their hands until you can see. In order to have that reactionary doubt and be able to respond if there is a threat, you need to have - you need to be able to have it up and able. Not up, but - I mean I don't think anything was pointing it at anybody. I couldn't see - Reteguiz is right-handed. Everything is on that side. I don't know, butDo you - I don't want you to try to answer for Reteguiz because you can't. You can't say what Reteguiz would do or wouldn't do. All it's asking you here in a scenarios like that, what you would do; because you weren't back there. Eventhough your reaction was (inaudible) Reteguiz he responded to this situation with (inaudible) you did. But it's knowing the Use of Force Policy as you do, under those circumstances, is that enough to draw your weapon? Does
11
Lt. Oliver:
Major Tolbert:
Ofc. Baker: Major Tolbert: Ofc. Baker:
Major Tolbert:
that qualify for you, and if it is then that's fine. I just want to know what qualifies you drawing your weapon? What level of a threat you perceived to draw your weapon? And you feel that if a person opens their car door that's enough for you to draw a gun? Ofc. Baker: When you - drawing and then - like presenting and pointing it is totally different. I just Drawing it is what to you: pulling it out of the holster? Having it in low ready? Just having it in front-? Yes ma'am. I like- I wouldn't- just getting it out of the holster, that way it's not Let me ask you this: What's the difference- explain to me what a felony traffic stop is? You know what the difference is in a routine traffic stop and a felony traffic stop? What's the difference? When the vehicle is stolen, we bring them back to us instead of approaching the vehicle. A felony traffic stop is when the vehicle is stolen. We have them come back to us. We bring them out of the vehicle and bring them back to us instead of approaching the vehicle. Okay. That's considered felony traffic stop and that's what you think right; and so if a felony traffic stop is did, do you at any point draw your weapon to order that individual? Yes ma'am. If the weapon is drawn on a felony traffic stop, and you're giving direction and instruction to the driver: come back, I need you to get out, step your hands out the car, step your feet out the car, all that a classic felony traffic stop. Did any of that exist in this - ? No ma'am. Okay. So you will not perceive this stop as a felony traffic stop? No ma'am. This was just a regular routine stop? The traffic stop in itself was - when the door came open quickly and the feet came out, for a second while that happened until we could approach again the -you know wanted to be 12
Major Telbert:
Ofc. Baker:
Major T elbert:
Ofc. Baker:
Major T elbert: Ofc. Baker:
Major T elbert:
Ofc. Baker: Major T elbert:
Ofc. Baker: Major T elbert: Ofc. Baker: Major T elbert: Ofc. Baker:
Lt. Oliver:
Let me ask you this: When we go to range training, at anytime when we're doing just vehicle stops or we're on the range and we're trained - when you're at the (inaudible) yard line, do you remember what the training is? On the sound unsnap your weapon and fire two rounds. Hit two rounds in? Are we ever taught on the range to pull our weapon other than if we're in close encounter with a suspect? We have identified a suspect- you and I. You're my suspect. You've been in an aggressive manner. I have identified you. I had my weapon at low ready, and I'm giving you commands. So would that have constituted that on that traffic stop is what I'm asking you? When Reteguiz did what he did - would that constitute him being at low ready for this? Yeah. I guess with the (inaudible). You just said that ifThe traffic stop that you all made, Mr. Cutter- . If you identified drugs. Right. If you identified the threat. I mean- that's going into what maybe what he perceived. And I'm asking - and that's why I asked you did you perceive it a threat? I didn't that's why I didn't bring my gun out. Yeah we're talking about you. Yeah you didn't perceive it a threat, and that's why I'm saying you didn't perceive it as any threat. So it's safe to say that you and Reteguiz handle traffic stops in a different manner probably. I wouldn't say that you all are - his thing is anytime somebody feet comes out the car quick, he unsnaps his weapon. That's his statement. You're saying you put your hand on your weapon sometimes, but it may be unsnapped, but you put your hand close to it is what you said earlier. I mean I just want to make sure. It all depends on how things go, and I go to the range a lot and I train and I - to get my gun out quick and stuff. I have a different holster than him too. I can come out of my holster a lot quicker than Reteguiz can. It all depends. It's just the situation. Let me ask you: did you contact the supervisor? No we didn't. I talked to- the Sergeant at lA said something about that. We probably should have. Major anything else?
13
Ofc. Baker: Lt. Oliver: Ofc. Baker: Lt. Oliver: Ofc. Baker: Lt. Oliver:
Ofc. Baker:: Lt. Oliver:
Ofc. Baker:
Lt. Oliver: Ofc. Baker:
Lt. Oliver:
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Major Tolbert:
Did you think that this particular situation warranted you to (inaudible) these forms being completed or Incident Report being written despite the fact that you guys (inaudible) I didn't think about it. And that's one of the issues that we face. If Reteguiz perceived there was a threat, why wasn't a report written indicating, outlining the actions? So - because he didn't write a report does that mean the threat wasn't as big as he thought the threat was, or he just didn't write a report. You can't answer that - I'm just making a statement. Reteguiz is not in training with you - he was just riding with you? Which one of ya'll (inaudible)? Me. Did you see anything at all that Reteguiz did wrong in this traffic stop? I don't think he did - I mean . (Inaudible). (Inaudible). What about the (inaudible) on the traffic stop.
Ofc. Baker:
Lt. Oliver:
Major Talbert:
Ofc. Baker: Major Talbert:
Ofc. Baker: Major Talbert:
Ofc. Baker:
I didn't know that until just not too long ago. Citation. Would you have written (inaudible)?
I didn't look at the
Major Talbert: Ofc. Baker:
That's just not my normal practice. The only time I write on themaccidents. I put at fault if they're (inaudible), but citations other than accidents, I let them know when I go to court. And (inaudible). Do you have any questions? No ma'am. (Inaudible). This interview concludes at 4:24 p.m.
Major Tolbert: Ofc. Baker: Major Talbert: Lt. Oliver:
14
--
1/13/14
CITY000046ORA
SECTION 6
Official Documents Uniform Traffic Citation # 3477454
1/13/14
CITY000047ORA
... Numoer
Utanon Ntl!ncer
SAVANNAH CHATHAM METROPOLITAN POLICE DEPARTMENT
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Name
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COL
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ACCIDENT
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NO
DRIVER REQUESTED ACCURACY CHECK 0 LASER 0 RADAR W11111n me Slate ol Georg1a dl C<i111m11 tho loilowln9 off......, SPEEDING C l - by0 PATROl VEHICLE
0 2 LANE ROAD
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BREATH
URINE
OTHER) OUI Test Results _ _ _ _ _ __
You 20
r:>hare'i'f, """red"lo.1:':"' Ill Court to answer t1u oharge on 1lle
dey ot PM rn tho RECORDERS COURT at 133 t.'ontgomety Street Courtroom
0 l!
(912 652 7425)
0< 1n
11M! CbaU!am County JUVENlLE COURT at \97 Carl GnH1n Onve (912 652 6700) lo<:ated 10
SAVANNAH GEORGIA
NOTICE Tblt cllllllon maO contllblt8 ofltclal noi!Qo to you !hoi f11lure !<> op!!!lt In Court atlll date and mne alated on IIIIa cllllUon to dlspote ol lilt cltd cfllrges agatnrt you sholl CIIUte the dHignated Coull to ,,,,.,.111 your dtMir a IIC<Iftllt nmr*tr to the Depettment ol IJnv S.Mce8 mur di1vor 1 llcanM shall be lutpended {Geor1Jie Code 1H! 11 and 40-!1-551 The auapenalon onollremaln In affect until auch tim at thtre to a IIUolactory dlopostdon In ltllt mallei' or the Coull notll tho Oopartmont of Driver SOrvleta
UCENSE DISPLAYED IN BAIL
YES
NO
RELEASED TO - - - - - - - - - - - - - -
SIONATlJRE ACI<fl
SIGNATURE
1/13/14
CITY000048ORA
Ll C E
cnal&andllrd$,
SECTION 7 Additional Information
5.) 6.) 7.) 8.) Lt. Robinson's Memorandum Pet. 4 Roster CAD History Training Power Point: Vehicle Stops
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CITY000049ORA
Ll CEo
Chlief W1111e
c.
LOvett
July 15, 2013: Major; At approximately 4:45pm, Precinct 4 Officer Frank Retequiz and Officer David Baker initiated a Traffic Stop at White Bluff and Holland Drive. Information shows them logged on as a two-man unit. Two individuals were in a 1988 BMW bearing Georgia plate PDE4596. Kimberly Cutter and Robert Lee Cutter were occupants of the vehicle. I made contact with Sergeant Hiram Rivera at Records Management and asked him to find the ticket as sent to be scanned #3477454. Upon his return call, he said he found two tickets; one for Robert Lee Cutter and one for Kimberly Cutter. Sergeant Rivera said Ticket #3477454 was written to Robert Cutter for a Safety Belt Violation and that the ticket had comments indicating that the belt was not on and the Mr. Cutter stated "his wife is the City Manager". He also wrote that Robert Cutter was disorderly on scene. Sergeant Rivera said Ticket #3477455 was written to Kimberly Cutter for No Tag. comments were indicated on this ticket. No
No report is indicated as accompanying this traffic stop with the call cleared as Citation Issued. There are no remarks indicating that a supervisor responded and there are no remarks in the call indicating that anyone was disorderly on scene. Please see attached information regarding the CAD log. The officers are assigned to Precinct 4 and assigned to C Watch under Sergeants John Cain and David Owens and Lieutenant George Gundich. Their photos are shown below.
Lieutenant DA Robinson Savannah- Chatham Metropolitan Police Department (912)651-6664
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CITY000050ORA
CAPT. FAGERSTROM Call Sign 4a2 Last Name James Famble Carroll Ansel Nelson Ensanian Hamm Cotter Little Gonzales Kirby Barrett Potter Bryson Carlson Edwards Kaspar Marquez O'Briant Organ Walker First Name David Ramona Harry Eric Matthew Cody Mason Jeff Andrew Michael Amber Patrick Dylan Daphne Monique Robert Gary Enrique Joshua Sarah Freddie
SOUTHSIDE PRECINCT MONDAY, JULY 15,2013

Day PR# Rank Off MIDNIGHT SHIFT 22:30 60211 Fri Sgt 1081 LT Sun 02656 Sgt Sun 1722 11805 61148 11324 10572 11406 61150 11804 12038 12047 10960 11601 60224 00545 10083 1061 10500 61169 Cpl Ptl Ptl Apo Apo Apo Ptl Ptl Ptl Ptl Ptl Ptl Apo Apo Apo Cpl Ptl Ptl Sat Fri Tue Fri Fri Sun Tue Thu Wed Tue Thu Tue Sun Sun Sun Sun Tue Tue Day Off
UPDATED 07.15.13@ 1122AM
Remarks
Spec. Qual.
Watch 8 8 8
-07:00
Sat Mon Mon Sun Sat Wed Sat Sat Mon Wed Fri Thu Wed Fri Wed Mon Mon Mon Mon Wed Wed CIT, PTO PTO,CIT,Z
41a1 41a2 42a1 42a2 43a1 44a1 44a2 45a1 46a1
8 8 8 CIT 8 MFF,CIT,PT08 Mon!Tue off this week 8 8 8 B B Light Duty 0800-1630 Sat/Sun CIT,Z B Light Duty Sat/Sun 0800-1630 CIT B PTO,CIT B R,CIT,PTO B PTO,MFF,CIT,L,R,M,T,Z B PTO,S,CIT B Military Leave thru 2014 B Vacation B
4b2 147
Kovach Brown Martin Cera me Delong Smith Norris Haun Wissner Noto Owens Agnew Coleman Kaspar Komrow Lyle Manasco Raven
Cameron Ashley Thomas David Ernest Brian Thomas Michael Nicholas Anthony Kasey Roger Griffith Kristy David John Daniel Jakob
1447 1046 4838 11865 11965 61167 11979 11411 11872 11877 61161 60001 4561 2064 1397 00621 11803 00416
DAY SHIFT 06:30 -15:00 Fri Sgt Sat LT Fri Sat Mon Sgt Sun Ptl Ptl Ptl Ptl Apo Ptl Ptl Ptl Cpl Apo Apo Cpl Apo Ptl Ptl Wed Tue Tue Tue Fri Thu Thu Tue Sun Sun Sun Sun Fri Mon Fri Thu Wed Wed Wed Sat Fri Fri Wed Mon Mon Mon Mon Sat Tue Sat
A A A A A A A A A A A SA w/Delta Sat/Sun A MFF A Z,CIT A PTO,I, R,CITA Holiday CIT,PTO,MFF ,Z A MFF A Military Leave thru 2015 CIT,R,S A
41b1 42b1 42b2 43b1 44b1 44b2 45b1 46b1
..
4c1
Owens Gundich Cain Nichols McMurry Reteguiz Baker Fields Menendez Micheli Nihiser Nichols Dobbs Drongowski Durrence Odum 1/13/14
David George John Michael Jeffrey Frank David Craig Esvin Robert Brent Cameron Shaun Gregory Brian Brittany
AFTERNOON 1280 Sgt 1429 LT 1284 Sgt 1645 Sgt
SHIFT 14:30 -23:00 Fri Sat Sun Mon Sun Mon CIT,Z Fri Sat Terminal Leave thru 1.1.14 MFF,CIT MFF,CIT CIT
41c1 42c1 42c2 43c1 44c1 44c2 45c1 46c1 40c
11448 Ptl Fri Sat 11607 Fri Ptl Sat 11205 Fri Ptl Sat 11968 Ptl Wed Thu 11713 Ptl Thu Fri 61270 Tue Ptl Wed 11978 Ptl Tue Wed 11816 Ptl Wed Thu 11809 Tue Ptl Wed 00615 Apo Sun Mon 11866 Ptl Mon Tue 11796 Tue Wed Ptl 4 day blk City of Savannah's Responsive Materials to ORA request
In re: To Savannah Morning News - Eric Curl
CIT CIT CIT

CITY000051ORA
c c c c c c c c c c c c c c c c
Peplow Rafferty Reiss Sheller Stephenson Suddath
Michael Sean Allison Jonathan Daniel Kasey
00618 11727 11420 11874 10642 00174
Apo Ptl Ptl Ptl Ptl Apo
Sun Sun Sun Wed Fri Fri
Man Man Man Thu Sat Sat
SAw/Delta Sat/Sun 4 day blk SA w/Delta Sat/Sun Holiday
I, L, R,CIT CIT MFF,CIT CIT,PTO PTO
c c c c c c
G G G G G G G
1340 1341 1342 1344 1347 1348
Larry Giles Kassees Bote Hurley Uritescu Borkowski
Robert Aulmon Matthew Chad Dian Michael Natasha
1545 7087 00361 4556 1170 1067 10963
PRECINCT DETECTIVES 08:00-16:30 Sun Sgt Sat Cpl Apo Apo Apo Cpl Apo Sat Sat Sat Sat Sat Sun Sun Sun Sun Sun Sun Man PTO,CIT,MFF,Z MFF L,R Juvenile Detective
Williams Glenn Cooper Holler Burdette Inglett Rowan
Lea Harry Rodney Bryan Zachary Andrew Michael
CRIME SUPPRESSION UNIT Mon Sgt Sun 60182 1400 5915 10639 11208 11424 11402 Scpl Apo Ptl Apo Ptl Apo Sun Sun Sun Sun Sun Sun Man Mon Mon Man Mon Man CIT,PTO R CIT,Z,PTO CIT CIT
D D D D D D D
4d3 41d1 42d1 42d2 44d2
Agnew Harvey Jones Stephenson Rafferty Kruwel
DELTA WATCH 1030-1900 SAT/SUN OFF Cpl Roger 60001 Sun Mon Norman Raymond Daniel Sean Trevor 10557 1503 10642 11727 00628 Apo Cpl Ptl Ptl Apo Sun Sun Fri Sun Sun Mon Mon Sat Mon Mon
6.2.2013-8.12.2013
SA w/Delta Sat/Sun
*
CIT
A D D
SAw/Delta Sat/Sun SA w/Delta Sat/Sun Vacation
CIT,PTO CIT S.Z,PTO
c c
F F F
111 1146 CP04
Fagerstrom Ernst Simmons Smith
Dean Diane John Jacqueline
2749 3556 1358 01737
Capt Civ Cpl CRO
Sat Sat Sat Sat
Sun Sun Sun Sun
Injury on Duty
CIT
CRO - Community Resource Officer CIT- Crisis Intervention Team EOD- Explosive Ordinance Device Team HNT- Hostage Negotiation Team PTO - Police Training Officer PTR- Patrol Training Recruit D- Dive Team F- Field Training Officer
SPECIAL QUALIFICATION CODES I - lntoximeter Operator L - Lidar Operator M- Militarv R - Radar Operator T- Foreign LanQuage S - Swat Member Z- Taser * - Star Corooral SHORTAGES Other Mllitarv Leave 1 (Sgt. Termina 2 Leave)
Vacancy
Light Duty/100
Special Assan.
PTR's
TOTAL
3
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6
CITY000052ORA
Police Event #S20 131961 092
Page 1 of2
Detailed History for Police Event #820131961092 As o7/22/2013 10:51:38

Output for: Priority:2 Type:TSS- TRAFFIC STOP Location-12323 WHITE BLUFF RD SAV btwn HOLLAND DR and AUSTIN DR ' !created: 1107/15/2013 16:37:121!621911116071 !Entered: 1107/15/2013 16:37:12ll62t9U116071
[!);patch: [[07/1 5/2013 16:37: 12[[621 IEnroute: 1107/15/2013 16:37:t2ll6219l1160 lonscene: 1107/15/2013 16:37:12116219!1116071
lctosed: llo7t15/2013 16:46:261162t9U11607l
ICUnit: PrimeUnit:42Ct Dispo:S5 Type:TSS- TRAFFIC STOP Agency:SP Darea:PCT4 Beat:44 Block:5731B rJ Detail 16:37:12 *CREATE Location:12323 WHITE BLUFF RD, SAV Type:TSS Darea:PCT4 Area:5731B Plate:PDE4596 TypeDesc:TRAFFIC STOP LocDesc:btwn HOLLAND DR and AUSTIN DR Priority:2 Response: 1PAT Agency:SP Beat/Dist:44 LocType:S 16:37:12 *ENTRY Plate:PDE4596 16:37:12 *DISPOS 42CI Location:12323 WHITE BLUFF RD, SAV PR:ll6071 1205 OperNames:RETEGUIZ,FRANK; BAKER,DA VID 16:37:12 -PRIU 42CI 16:37:12 -NPREMS Comment:(none) 16:39:02 *M1SC 42CI Comment:Message From Terminal/Unit: STDR Operator:() Date/Time Sent: 15-JUL-2013 16:37:14 1 L01GA02503606219.SVCX-01533323 DORRQ 20130715 16:37:37 20130715 16:37:37 083DOE5F67 RR.GAG B10051.SVCX.TXT GEORGIA REGISTRATION AND TITLE INFORMATION SYSTEM RESPONSE BASED UPON: LIC/PDE4596 LIT/ LIY/ LIENS: ATTENTION: VEHICLE DETAIL RESPONSE VIN: WBAAB5400J98085571988 BMW 325 2S TITLE NO: 30847657 PURCHASE DT: 19951010 CUSTOMER 10: 260824968 DOB: 19490727 ROBERTLEECUTTERJR 119 COFFEE VILLA RD TAX COUNTY: CHATHAM SAVANNAH GA 31419-3109 CURRENT PLATE NO: PDE4596 CAT: AA ISSUE DT: 20120727 VALID DT: 20130727 DECAL NO: 32206708 REGISTRATION STATUS: ACTIVE INSUR:VALID INSURANCE COVERAGE 2010-06-29 GEICO DIRECT PRIOR PLATE NO: 564KTR CAT: AA ISSUE DT: 20110727 VALID DT: 20120727 DECAL NO: 22123651 *END OF MESSAGE* 42CI Comment:Message From TerminaVUnit: STDR Operator:() Date/Time Sent: 15-JUL-2013 16:39:26 1L01GA02503606219.SVCX-01533324 CONCAT 2013071516:39:50 2013071516:39:49 083DOE5F69 DR.GAGBI0051.GA0250360.TXT NAM/CUTTER,ROBERT.DOB/19490727.SEX/M. NAME:CUTTER, ROBERT LEE
16:39:31 *MISC
CITY000053ORA City of Savannah's Responsive Materials to ORA request In re: To Savannah Morning News Eric Curl http://rmsweb/PRD752/Html/SystemDocs/CADinterface.aspx?IHQ+%23S20 131961092 7/22/2013
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Police Event #S20 131961092
Page 2 of2
ADDR:119 COFFEE BLUFF VILLARD SAVANNAH GA 31419 LIC NUM:057037962 ADAP:N SEX:M DOB:07/27/1949 HGT:600 WGT:J72 EYE:BRO CLASS: CM ISSUE DT:07/30/2010 EXPIRE DT:07/27/2015 TYPE:REGULAR SURR DT: RESTRICTION :A/NONE ENDORSEMENT: NONE COMMERCIAL STATUS:NOT LICENSED NON-COMMERCIAL STATUS:VALID PERMIT STATUS:NONE ACTIVE SUSPENSIONS:NONE END OF NAM/DOB/SEX/INQUIRY -12Cl Dispo:S5 DispoLevei:O
16:46:26 *CLEAR I 6:46:26 -CLEAR 16:46:26 *CLOSE
CITY000054ORA City of Savannah's Responsive Materials to ORA request In re: To Savannah Morning News Eric Curl http://rmsweb/PRD752/Html/SystemDocs/CADinterface.aspx?IHQ+%23S20 131961092
1/13/14
7/22/2013
VEHICLE STOPS
Gary Taylor Savannah-Chatham Metro Police Training Unit

Vehicle Stops
EACH YEAR, ONE POLICE OFFICER WILL DIE EVERY WEEK!
Of these officers twenty percent will be killed during a traffic stop.
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CITY000056ORA
Vehicle Stops
Why are vehicle stops so hazardous? Officers seldom knows the occupant(s). Officer doesn't know if weapons are present. Officer doesn't know background of occupant.
Vehicle Stops
Four Categories of Vehicle Stops:
1. Traffic Violations
2. Investigation 3. Unknown Risk 4. Felony/High Risk

1/13/14
THERE IS NO ROUTINE TRAFFIC STOP
CITY000058ORA
Vehicle Stops
What do you have to have prior to ANY stop?
PROBABLE CAUSE
1/13/14
CITY000059ORA
Vehicle Stops
Prior to making the stop
Information to be given on the radio:
Officer's I.D., location, description of vehicle/occupants, tag number and the purpose of the stop.
Vehicle
Stops
Positioning the Police Vehicle
Your vehicle should be used as cover, to protect you from on-coming traffic and the violators vehicle.
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CITY000061ORA
Vehicle Stops
There are two types of vehicle positioning techniques. 1. Off-center method
2. Modified stop position
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CITY000062ORA
Vehicle Stops
Officer approach
Most Dangerous Part of the Vehicle Stop.
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CITY000063ORA
Vehicle Stops
Officer approach Observe occupants of vehicle. Do not get in a hurry - Patience. Walk close to your vehicle.
Vehicle Stops
Officer approach Your strong hand should be on your weapon.
Flashlight or citation book in your reactionary hand.

Vehicle Stops
Officer Approach
When you get to the trunk - gently push down on the deck lid.
Stop your approach behind the center post on the driver's side.
Vehicle Stops
Conclusion
Many officers have a tendency to become complacent when making traffic stops - this comes with time of service and experience.
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CITY000067ORA
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CITY000068ORA
Vehicle Stops
''Unk
Risk''
Metro Police Department Training Unit

Goals & Objectives

General Orders Threat Assessment
Officer Preparation Stopping the Vehicle Officer Demeanor During a Stop . Completing the Stop
Contact and Cover

''Traffic Administration & Enforcement''

Purpose Responsibility Enforcement action Physical arrest Notice to appear (citation) Written warning Verbal warning
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Insurance enforcement "Special Arrests" Juvenile Offenders Legislators Foreign diplomats/consu Ia r officials Military personnel
CITY000071ORA
Threat Assessment
Threat perception
Color Code of Awareness

- Condition white -Condition Yellow - Condition Orange - Condition Red - Condition Black
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Officer Preparation
Know your equipment Is it working? Uniform neat & clean Briefcase stocked Is "emergency equipment" working?
Are you mentally ready?
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CITY000073ORA
Stopping the Vehicle

"Before the Stop"
Your mission
- Why are you making the stop?
Evaluate the environment

Lighting Pedestrian traffic Weather conditions Road contour Road surface
Evaluate the vehicle

- Evaluate at the occupants - Consider approaching the driver
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CITY000074ORA
Remember:
We are responsible for the vehicle & the occupants when we make stop
1/13/14
CITY000075ORA
Before the Stop C can't)

Contact radio with:
- Initial location -Vehicle location -Occupant description - Reason for stop -Concluding location of stop -Acknowledge from radio - Status check
Making the Stop

Activate emergency lights Watch the occupants Stop 15-20 feet behind the vehicle Notify radio, if necessary Evaluate the traffic conditions
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CITY000077ORA
Approaching the Vehicle

"Evaluate the Stop" Is it safe to approach? Are there reasons not to approach?
Should driver be asked out?

Only one person from vehicle at a time
Maintain reactionary gap

If driver doesn't respond (barricade situation)
Vehicle Stops
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Vehicle Stops

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Vehicle Stops
Vehicle Stops
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Vehicle Stops
Vehicle Stops
Officer Approach
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Goals & Objectives

Contact and Cover

Threat Assessment
Threat perception

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"Before the Stop"
Your mission


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CITY000088ORA

Contact radio with:



Exiting the Vehicle

Check traffic
Close door after exiting Carry ticket book/flashlight in off-hand
1/13/14
CITY000091ORA
Moving Forward
Move in front of your unit Passenger side approach Watch occupants Visually & physically check trunk
1/13/14
CITY000092ORA
Vehicle Stops
1/13/14
CITY000093ORA
Vehicle Stops

1/13/14
CITY000094ORA
Vehicle Stops
Vehicle Stops
1/13/14
CITY000096ORA
Vehicle Stops
Vehicle Stops
Officer Approach
1/13/14
CITY000099ORA
Goals & Objectives

Contact and Cover

Threat Assessment
Threat perception

1/13/14
CITY000101ORA

"Before the Stop"
Your mission


1/13/14
CITY000102ORA

Contact radio with:



Moving Forward
Move in front of your unit Passenger side approach Watch occupants Visually & physically check trunk
1/13/14
CITY000105ORA
Officer/Violator Relations
You make an impression before you approach Posture &dress Speak clearly "write violation on driving behavior" Decide enforcement action before contact
Verbal Judo Steps

Greeting Identify yourself Why the stop was made Is there a lawful reason for violating state code? May I see your driver's license? For my safety & yours, is there anything in the vehicle that I should be aware of? May I see your insurance papers? Please remain in the vehicle while I check this information Mr/Mrs you have been cited for - - Your safety is important to us, please drive carefully
1/13/14
CITY000107ORA
Writing the Citation/Field Interview

Back safely away from the vehicle Passenger side of your unit If sitting use passenger side of unit Keep ticket book high if sitting Watch vehicle
1/13/14
CITY000108ORA
Driver Asked from Vehicle
Keep reactionary gap Keep his/her hands out of pockets Stand at rear passenger side of vehicle
1/13/14
CITY000109ORA
Completing the Stop

!'
r;,
';
1%
Give complete information Signature Court date If asked, explain about calling recorder's court for payment
1/13/14
CITY000110ORA
Thousands of Stops Happen Everyday
II
II
1/13/14
CITY000111ORA
Recommended Reading
The Tactical Edge
Calibre Press
Street Survival
Calibre Press
Total Survival
Performance Dimensions
1/13/14
CITY000112ORA
CONTACT AND COVER
1/13/14
CITY000113ORA
THE METHOD "2 officers & 1 or more suspects"
1/13/14
CITY000114ORA
"2 officers & 1 or more suspects" ccon't>

The cover officer maintains safety by watching -Assumes position of surveillance & control
-Watches subjects & prevents escape or destruction of evidence -Discourages assault on contact officer
1 ::
;!;
1/13/14
CITY000115ORA
Establishing the Roles
Officers decide in advance 1-man units, primary officer is contact officer Positions may be changed
1/13/14
CITY000116ORA
The Cover Officer's Arrival

Contact officer briefs cover officer Cover officer reciprocates
.. J.
1/13/14
CITY000117ORA
Positions
Do not stand next to each other Cover officer is close enough for front & peripheral view Cover officer in position of some cover Contact officer in interview stance Weapon away from subject
!n
1/13/14
CITY000118ORA
Communications
Contact & cover officers should talk with each other Use police terminology or hand signals
1/13/14
CITY000119ORA
Hand Signals
Closed fist in air
Extreme caution
Index finger pointed up

Observe
Closed hand with thumb pointed up at shoulder height or higher

I need help
t Index & middle fingers (2) pointing up

Call for more cover/help now
Four fingers pointing up

Don't need assistance
Reviewing the Basics

Decide contact & cover positions prior Contact conducts all business Cover protects the contact officer Cover discourages escape Officers may reverse roles Contact & cover officers should use hand signals or radio codes
1/13/14
THIS HAS BEEN A
Ktsmom02
PRODUCTION
..
2001
1/13/14
CITY000123ORA
Vehicle Stops
''Hi
sk''
Metro Police Department Training Unit
1/13/14
CITY000124ORA
Goals & Objectives
'
Definition of high risk stops Department General Order Preparing for the stop Clearing the vehicle Searching the vehicle
1/13/14
CITY000125ORA
Preparing for the Stop

You know there is a lethal force potential Location of the stop Back-up officers Setting the perimeter Communications DO NOT ATTEMPT TO Officer safety EXTRACT PERSONS
FROM THE VEHICLE
Making the Stop

Police unit positions Distance from suspect vehicle Primary unit position Secondary unit position Third unit position Fourth unit position
1/13/14
CITY000127ORA
Alternative unit position Illuminate suspect vehicle
1/13/14
CITY000128ORA
Officer Positions
Primary officer Secondary officer
Third officer Fourth officer
1/13/14
CITY000129ORA
Alternative officer positioning
1/13/14
CITY000130ORA
Clearing the Vehicle

1/13/14
Be patient Position all personnel Announce your purposes Immobilize the occupants Immobilize the vehicle Direct the occupants Removing the suspects from the vehicle
Securing the Suspects

Option # 1 "Backing Between Units"
ADVANTAGES
- 1 suspect at a time - Spoils suspect unity -Maximizes cover - Excellent control
DISADVANTAGES
- Bringing suspect into your cover area - May die under front of unit - May fight with control officer
1/13/14
CITY000132ORA
Securing the Vehicle Option #2 "Police Units In-Line"

ADVANTAGES
- 1 suspect at a time - Spoils suspect unity -Maximizes cover - Excellent control
DISADVANTAGES
- Bringing suspect into your cover area - May die under front of unit - May fight with control officer
1/13/14
CITY000133ORA
Searching the Vehicle

All suspects must be cleared 2 methods of clearing
-From the rear with a shield -From the front with a shield
1/13/14
CITY000134ORA
Clearing the Trunk

Unit to rear of trunk Power trunk lock
1/13/14
CITY000135ORA
Review Important Points

Be patient
Always be ca refu I REMEMBER:

-Failure to stop immediately may constitute a high-risk stop
1/13/14
CITY000136ORA
THIS HAS BEEN A
Ktsmom02
PRODUCTION
2001
PC Ll c E
Offioo:QftRrDfessionalStan.W.
SECTION 8 Closure Report(s)
9.) Officer Andrew Reteguiz 10.) Officer David Baker
1/13/14
CITY000138ORA
ADMINISTRATIVE INVESTIGATION
Closure Report
OPS CASE NUMBER: EMPLOYEE NAME: DATE: ------------------------------TO:
Frank Retequiz 20, 2013 Lovett I Sergeant Joseph Wright
On July 2013, an Inter-Department Investigation was initiated regarding Savannah-Chatham Police Department employee, Ofc. Frank Retequiz. It is alleged that Ofc. Retequiz was conducting a traffic stop and was unprofessional. It was also alleged that Ofc. Retequiz drew his weapon and pointed it at the driver. After the incident, he failed to notify a Supervisor. i Officer Frank Retequiz, Payroll# 11607 was employed by the S-avannah-Chatham MetroPoik:e ______ i Department on 06/27/2011. At the time the incident occurred, the employee's assignment was Pet. 4 ! under the command of Major Zapal.
APPUCABLE
-----------i
GO# ADM-004: OATH OF OFFICE, ETHICS, AND CONDUCT I.GENERALSTANDARDSOFCONDUCT ; 5. Treatment of Others- Employees shall treat citizens, superiors, subordinates
and associates with respect. They shall be courteous and civil at all times in their relationships with one another and in the presence of the public; employees will be referred to by rank.
1
, GO # ADM-007: USE OF FORCE 1 III Deadly Force B. Drawing or Exhibiting Firearms 1 An Officer's decision to draw or exhibit a firearm should be based on the Officer's reasonable belief there is a substantial risk that deadly 1 force may be needed. When an Officer has determined that the use of deadly force will not be necessary, the Officer shall, as soon as practicable, secure andlor holster the firearm.
1/13/14
CITY000139ORA
2 Whenever an Officer exhibits a firearm and points it to control an individual (offensively or defensively), they shall complete and submit a UOF Report. SWAT and Mobile Field Force are exempt from this in actual SWAT and Mobile Field Force Operations.
GO# OPS-048: CRITICAL INCIDENT REPORTING Category I Incidents 1 1 Incidents likely to bring discredit to SCMPD
DISCIPLINE ACTION TAKEN: DAYS SUSPENDED: REDUCTION IN RANK: RETAINING: SIGNATURE: Willie Lovett, Chief of Police
DATE:
1/13/14
CITY000140ORA
ADMINISTRATIVE INVESTIGATION
Closure Report
OPS CASE NUMBER: EMPLOYEE NAME: DATE: TO: FROM:
Joseph Wright
i Police Department employee, Ofc. David Baker. It is alleged that Ofc. David Baker failed to make proper
notifications after a Category I incident occurred. f6tricer-David Baker: Payroll if11205 was ------- Department on 01/04/2010. At the time the incident occurred, the employee's assignment was Pet. 4 under the command of Major Zapal .
i On July 23, 2013, an Inter-Department Investigation was initiated regarding Savannah Chatham Metro.
SOP APPLICABLE
--------CLOSURE
GO# OPS-048: CRITICAL INCIDENT REPORTING Category I Incidents

Incidents likely to bring discredit to SCMPD
DISCIPLINE
DATE:
Willie Lovett, Chief of Police
1/13/14
CITY000141ORA
.........
PC Ll c E
..
SECTION 9
General Order(s) or Policy
11.) GO# ADM-004 OATH OF OFFICE, ETHICS, & CONDUCT 12.) GO# ADM-007 USE OF FORCE 13.) GO# OPS-048 CRITICAL INCIDENT REPORTING
1/13/14
CITY000142ORA
SCMPD GENERAL ORDER
ADMINISTRATION
GO#ADM-004 OATH OF OFFICE, ETHICS, AND CONDUCT
EFFECTIVE DATE: 04/09/2004 REVISION DATE: 10/04/2006 08/26/2010 08/29/2011 09/07/2011 07/20/2012
PURPOSE The purpose of this directive is to ensure that Department personnel are aware of the actions and attitudes expected of them and to provide members ofthe public with a general standard by which they can measure the performance of the Department. POLICY All Savannah-Chatham Metropolitan Police Department (SCMPD) sworn personnel shall take and subsequently abide by an oath of office to enforce the Constitution and laws of the United States, the Constitution and laws of the State of Georgia, and the ordinances of Chatham County and the City of Savannah, as well fulfilling their duty based on the Law Enforcement Code of Ethics. It shall be the policy of the SCMPD to comply with State and Federal law and to preserve and protect the constitutional rights of the community. It shall further be the policy of the SCMPD that all sworn personnel will abide by the Canon of Ethics as set forth in this directive. Pursuant to the Home Rule provisions for counties of the Constitution of the State of Georgia, the Board of Commissioners of Chatham County and the Savannah City Council requires SCMPD Police Officers to take and abide by the following SavannahChatham Metropolitan Police Department Oath of Office prior to sworn status:
"I do solemnly swear that, to the best of my ability and skill, I will, during my continuance in office, faithfully discharge all the duties which may be required of me; in all cases coriform to the rules and regulations which shall be made by the Commissioners of Chatham County and the Mayor and Aldermen of the City of Savannah; eriforce all the laws of the United States, the State of Georgia, and the ordinances of Chatham County and the City of Savannah; and support and uphold the Constitution of the United States and the State of Georgia. I forther swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia." [CALEA 1.1.1] SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 1 of 17
SCMPD Police Officers will observe the principles as set forth in the Canons of Law Enforcement Ethics. All sworn employees of the SCMPD will abide by the Law Enforcement Code of Ethics:
As a law enforcement Officer, my fundamental duty is to serve mankind; to safeguard life and property; to protect the innocent against deception; the weak against oppression; and the peaceful against violence or disorder; and I will respect the constitutional rights of all men to LIBERTY, EQUALITY, and JUSTICE. I will live my private life as to be an example to all. I will develop self restraint and be constantly mindful of the welfare of others. I will be exemplary in obeying the laws of the land and the regulations of the Savannah-Chatham Metropolitan Police Department. I will remain courageous calm in the face of scorn, danger, or ridicule. I will never permit my personal feelings to influence my decisions. I will enforce the law courteously and appropriately without fear of favor, malice, or ill will, never employing unnecessary force and never accepting gratuities. I recognize the badge of my office as a symbol ofpublic faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will strive constantly to achieve these objectives and ideals, dedicating myself before God to my chosen profession. [CALEA 1.1.2]
All non-sworn employees will be aware of and comply with the following Code of Ethics for City Employees:
As City employees we shall... Exhibit pride and loyalty in all matters pertaining to the City and each other. However, we shall not knowingly be a party to any illegal or improper activity. Not knowingly engage in acts or activities which are disgraceful or unbecoming to a City Employee. Not do anything which may be in conflict with the interests of the City or which would hurt our ability to do our jobs. Not accept gifts, goods, services, or materials of value from a customer, supplier, vendor representative, or other individual. Be carefill in the use of information acquired in the course ofour duties. We will not use confidential information for any personal gain nor in any manner which would be against the law or damaging to the City's welfare. Maintain high standards of competence, dignity and fairness
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page 2 of 17

Every employee will receive documented training concerning the code of ethics at a minimum annually. All new employees will receive training in their first thirty days of employment. Training may be in the form of roll call, shift briefing, or a formal classroom setting. [CALEA 1.1.2] All on or off duty, sworn and civilian, employees of the SCMPD must at all times conduct themselves in a manner which does not bring discredit to themselves, the SCMPD, Chatham County, or the City of Savannah. Therefore, the following rules will be adhered to without discretion.
DEFINITIONS
These definitions shall apply to the use of such terms herein as well as to the use of such terms in all other Departmental contexts, unless a different definition is specifically set forth in another document.
ACTING: Serving temporarily in a position to which the employee is not ordinarily assigned, usually in a position of higher authority and having all the authorities, responsibilities, and duties of the higher position applicable to the acting employee. ADMINISTRATIVE LEAVE: A condition in which, for the convenience of the Department, an employee is relieved of his responsibility to report for duty or exercise police authority. ADMINISTRATIVE ORDER: Written order issued by the Chief of Police as a guiding source of reference to procedural matters involving administration of departmental or city policies. APPOINTMENT: The designation of a person by the appointing authority to any position within the Department. ASSIGNMENT: Any personnel placement made by established authority. AUTHORITY: Legal or rightful power; a right to command or act. CHAIN OF COMMAND: Ascending or descending order of rank. COMMANDING OFFICER: Any employee holding a command position of commission. CONFIDENTIAL: Secret, not to be divulged to unauthorized persons. CONTROLLED SUBSTANCE: As defined by the Georgia State Criminal Code. DEPARTMENT: The Savannah-Chatham Metropolitan Police Department. DffiECTIVES: An authoritative instruction or order, which governs policy; procedures, rules, or regulations, whether issued verbally, electronically or in written form DISMISSAL: The act of terminating the employment of an employee.

DIVISION ORDERS: Standing orders that contain a purpose statement, a policy statement, and standard operating procedures, and may be issued by the Chief of Police, a Division Commander, or designee. Division Orders are applicable only to the issuing Division. DUTY: Includes those tasks required by law, authoritative instruction, one's assignment, rank or status. EMPLOYEE: All sworn and non-sworn personnel working for the SCMPD. ESTABLISHED AUTHORITY: Legal or rightful power to command or have command over; this Includes supervisory and administrative authority. EXTRA-DUTY: - Outside employment wherein the use of law enforcement powers are anticipated. GENDER: The use of the masculine gender shall also include, when appropriate, the female gender, unless otherwise specified. GENERAL ORDER: Written orders issued by the Chief of Police outlining policy or procedure on matters, which affect the entire department. A General Order is the most authoritative current directive issued by the Department and may be used to amend, supersede, or cancel any other rule, regulation, or order. General Orders are permanent department policy and remain in full force and effect until amended, superseded, or cancelled by the Chief of Police. IMMEDIATELY: As soon as possible without unnecessary delay. INSUBORDINATION: The willful disobedience of a lawful order issued by any commanding officer or disrespectful, mutinous, rebellious, insolent, or abusive language or action toward any commanding officer. LAWFUL ORDER: Any written or oral directive issued by any commanding officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law or ordinance or any Department rule, procedure or instruction. (An order, which may be challenged at a later date, must be obeyed at the time of issuance.) MALFEASANCE: The doing of an unlawful act in office. MAY: The word "may" as used herein shall mean that the action indicated is permissible. MEMBER: Any person duly appointed to the Department as a sworn police officer, police recruits are included in this definition. MISFEASANCE: The wrongful doing of a lawful act in office. NEGLECT OF DUTY: The failure to give suitable attention to the performance of duty. The failure to take appropriate action on the occasion of a crime, disorder, or other act or condition requiring police attention. The failure to perform duties as required.

OFF DUTY: That period of time, that excludes the assigned work period during which an employee would not normally be required to actively engage in the performance of his assigned duties. OFF-DUTY EMPLOYMENT - Outside employment wherein the use of law enforcement powers is not anticipated. OFFICER IN CHARGE: The member having the highest rank. Members of the same rank shall assume charge according to the date of appointment to that rank unless otherwise ordered by the Chief of Police or designated authority. ON DUTY: That period of time when an employee is actively engaged in the performance of his assigned duties. ORDER: An order is a command; a directive (either oral or written) given by one in authority and directed to a subordinate. PERSONALLY RESPONSIBLE: A duty or responsibility that falls upon an individual himself. The responsibility cannot be conveyed or assigned to another. POLICY: Any governing principle, broad plan, or course of action, either oral or written, designed to accomplish the Department's goals. PRIVILEGE: A condition, which is not, a basic right but which is granted at the discretion of the Department. PROCEDURE: The official method of dealing with any given situation as prescribed by General Orders, Special Orders, Administrative Orders, procedural manuals, training communications or other directives. REPORT: A written communication unless otherwise specified. RIGHT: A condition specifically outlined by law, administrative directive or contractual agreement. RULES AND REGULATIONS: The terms "rules and regulations" as used herein are interchangeable since both indicate basic internal departmental directives. They refer to broad precepts of authority, responsibility or conduct. They carry the full force and effect of a direct order from the Chief of Police and stand until cancelled, amended or superseded by a direct written order of the Chief of Police. SHALL/WILL: The words "shall" or "will" shall indicate that action specified is mandatory. SICK LEAVE: That period during which an employee is excused from duty for illness or injury under the applicable provisions of current General Orders and City of Savannah Policy. SPECIAL ORDER: A written directive issued by established authority outlining instructions covering particular situations.
SUPERVISOR: Any person designated to act in a supervisory capacity, whether permanent or "acting" in a temporary appointment. SUSPENSION: The act of temporarily denying an employee the privilege of performing his duties. PROCEDURE
I.
GENERAL STANDARDS OF CONDUCT A. SCMPD employees will conduct their private and professional lives in such a manner as to avoid negative reflection upon themselves, the department or their chosen profession. Unacceptable conduct, whether on duty or off duty, includes, but is not limited to, arrest or conviction of any felony, arrest or conviction of any misdemeanor involving moral turpitude, or violation of any statue, law or official regulation, rule or order or commission of any act which compromise the public trust necessary for employment. To further the principle of professional law enforcement SCMPD employees will adhere to the following rules. [CALEA 26.1.1] I. Conduct Unbecoming - The conduct of a public employee, on or off duty, reflects upon the SCMPD. The SCMPD shall investigate complaints and/or a circumstance suggesting an SCMPD employee has engaged in conduct unbecoming and shall impose disciplinary action when appropriate. Incompetence - SCMPD employees shall maintain sufficient competency to properly perform their duties and to assume the responsibilities of their position. SCMPD employees shall perform their duties in a manner which will tend to maintain standards and establish efficiency in carrying out the functions and objectives of the Department. Incompetence may be demonstrated by repeated poor evaluations or a written record of repeated infractions of the rules, regulations, manuals or directives. Impartiality - SCMPD employees, while charged with consistent and practical enforcement of the law, must remain completely impartial toward all persons coming to the attention of the SCMPD. Exhibiting partiality for or against a person because of race, creed, or influence is unprofessional conduct. Similarly, unwarranted interference in the private business of others, when not in the interest ofjustice, is unprofessional conduct and prohibited. Truthfulness - SCMPD employees will be truthful at all times whether under oath or not, unless otherwise necessary in the performance of a police task. This will include, but not be limited to, instances when employees are being questioned, interviewed, or are submitting reports. Treatment of Others - Employees shall treat citizens, superiors, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another and in the presence of the public; employees will be referred to by rank.
2.
3.
4.
5.

a.
Employees shall not engage in offensive or harassing conduct, verbal or physical, towards fellow employees, supervisors or the public during work hours or off-duty hours. No employee will speak disrespectfully of any nationality, race, sex, or religion. No employee will engage in grossly indecent or vulgar talk which would detract from the efficient operation of the SCMPD or create an uncomfortable work environment. No employee will create, or pass on either verbally or electronically any malicious rumors concerning other employees that is knowingly false or designed to speak disparagingly of others or department operations.
b.
c.
d.
6.
Insubordination - SCMPD employees will perform their duties as required or directed by law, Department rule, policy, order, and directive or by a verbal order of a superior officer. The willful disobedience of a lawful order issued by any commanding officer or disrespectful, mutinous, rebellious, insolent, or abusive language or action toward any commanding officer will be considered insubordination and subject to discipline. Chain of Command_ No employees will bypass any supervisor within their Chain of Command in routine matters. Should the employee have a grievance or wishes to report illegal or improper conduct involving their immediate supervisor they may go directly to the next person in line. This does not apply to immediate emergency notifications. Cooperation Cooperation is essential to effective law enforcement. Therefore, all employees are strictly charged with establishing and maintaining a high spirit of cooperation. Questions of Citizens - All employees will answer questions posed by citizens in a courteous manner or if unable to supply an answer, will make every effort to secure the answer. If requested, name and payroll number will be given to requester in a courteous manner and department identification displayed. This precludes officers working in an undercover capacity from revealing their identity when it would jeopardize their mission.
7.
8.
9.
I 0. Divulging Information - Employees shall not divulge police information to which they have access or which may come to their attention, nor shall they make available any information contained in police records, radio communications, photographs, computers, teletypes or other files or information in any form whatsoever. For purpose of this section, all department information is to be considered confidential unless otherwise provided by current directives or directed by a supervisor. This section does not apply to orders that are of such a nature that they must be communicated to others.
11.
Uniform Requirements - No employee of the SCMPD will wear SCMPD uniforms at anytime except when on active duty or on special occasions or
SCMPD GO #ADM-004 Oath of Office, Ethics, and Conduct I Page 7 of 17

assignments, including approved extra-duty employment. No employees will allow anyone beyond sworn members of the department to wear any uniform items. 12. Duty Time_ Employees will report for work on time and ready to perform their job. They will remain at their work station or assignment until relieved appropriate! y. a. Employees will not devote any of their "on duty" time to any activity other than that which relates to police work unless permission is granted by competent authority. Employees will not read magazines, papers books, etc. in public view that are not within the scope of their assigned duties. Employees will not conduct personal business to include operating a private business during duty hours
b. c. 13.
Misappropriation of Property- No employees ofthe SCMPD will appropriate for their own use any lost, found, or stolen property. No employees will convert to their own use any property of the City of Savannah or Chatham County, or property held by the SCMPD. Absent Without Leave (AWOL)- SCMPD employees will not be absent from duty without first submitting the appropriate paperwork or making the proper notification. Arriving late without authorization will be considered tardiness and will subject the employee to possible discipline. Failing to respond to a call-back is subject for disciplinary action. Leaving an assigned beat or duty post without permission or proper assignment will be considered AWOL. Address And Telephone Numbers - Immediately upon reporting for duty in a new unit, employees will record their correct residence address and telephone number with their Commanding Officer. Employees are required to have a telephone in the place where they reside. Changes in address or telephone number will be reported to their Commanding Officer within 24 hours of the change. a. SCMPD employees will not release to the public or any public agency the restricted home telephone number of any other employee of the Department without authorization from a superior Officer of the rank of Sergeant or higher. They will also not release the pager number or cell phone number of department pagers and cell phones without the same permission. SCMPD employees will not use the Department address on any motor vehicle registration or operator's license. Contributions - No employee will seek or be obliged to make contributions in money, service, or otherwise for any political purpose. Political Activity - No sworn employee, while on duty or in uniform, will engage in political activity or discussion on behalf of, or against, any
14.
15.
b. 16.
Conflicts of Interest a. b.

candidate or political question. This does not mean that employees are prohibited from exercising their legal voting right. c. Not to Recommend Services - Employees will not recommend or suggest to anyone in the course of their duties the employment or name of any towing firm, funeral director, or other tradesman or inform such tradesmen of any situation wherein their services might be sought. Interfering with the Course of Justice- Employees will not take part in, or be concerned with, either directly or indirectly, any compromise or arrangement with any person for the purpose of permitting an accused person to escape penalty for their wrong doing. No employees will seek to interfere with the course of justice for the purpose of obstructing justice. Information of any negotiation between an accused or their representative and the accuser or any witness will be disclosed to the proper superior or to the presiding officer of a court or hearing. Recommendation for Disposition of Cases- Employees will not make recommendations for the disposition of any case pending in the courts without the consent of the Office of the Chief of Police. Statements Concerning Liability - Employees will not make any oral or written statement to anyone concerning liability in connection with the operation of police vehicles or performance of other police duty, unless specially authorized to do so by the Chief of Police. Gifts and Favors - Employees of the SCMPD will not seek, directly or indirectly, or accept any gift, present, or gratuity from any person, firm, group of persons, or relatives, friends, or employees of the same, on the basis of their employment with the SCMPD. Games of Chance Participating in games of chance, card playing, or gambling, including the purchase of lottery tickets is prohibited while on duty or in a police uniform. This excludes activities that are part of a legitimate criminal investigation. Associating with Criminals - SCMPD employees shall avoid regular associations with persons who are known to engage in criminal activity where such associations will undermine the public trust and confidence in them or the SCMPD. This rule does not prohibit those associations that are necessary to the performance of official duties, or where such associations are unavoidable because of the SCMPD employee's personal or family relationships Other Transactions - SCMPD employees are prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employment, except as may be specifically authorized by the Chief of Police. Nepotism- No employee will supervise either directly or indirectly any person to whom they are related to. (Refer to City Policy for details)
d.
e.
f.
g.
h.
i.
j.
k.
SCMPD GO # ADM-004 Oath of Office, Ethics, and Conduct I Page 9 of 17

B. Commanders and supervisors shall insure that employees under their command perform their duties appropriately l. Commanders and supervisors will provide efficient, effective and meaningful direction to subordinates and assist and instruct subordinates in the performance of their duties. 2. Commanders and supervisors who overlook condone or fail to take actions on incompetence or misconduct on the part of their employees shall be guilty of neglect of duty and subject to discipline.
II.
FITNESS FOR DUTY STANDARDS

A. B. Employees are expected to maintain a degree of physical fitness which enables them to perform the physical activity, required by their job classification and assignment. Employees may be compelled to take a physical and/or mental examination at City of Savannah expense, with cause, only to confirm the employees' continued fitness to perform the tasks of their assignments and to inform them of their general physical condition, not to identity employees with disabilities who are otherwise able to perform their assigned duties, with or without reasonable accommodation. [CALEA 22.3.1] The nature of some specific positions or responsibilities may necessitate periodic specific health screenings, such as those for crime scene personnel, firearms instructors, or range technicians who are repeatedly exposed to hazardous chemicals or lead contaminates. SCMPD employees will not at any time be intoxicated while on duty. I. Employees will not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty or to the extent that their ability to perform their duty is impaired. Employees will not consume intoxicants while on duty, unless necessary in the performance of a police task and then only with the specific permission and supervision of a commissioned officer and never in uniform. SCMPD employees will not use controlled substances, narcotics or hallucinogens, except when prescribed in the treatment of the employee by a licensed physician or dentist. When controlled substances, narcotics or hallucinogens are prescribed, the employee will notifY their supervisor immediately. SCMPD employees will not bring, place, or permit to be brought or placed, or allow to be kept in any building, location, or vehicle within or under the control of the SCMPD any intoxicant, exhilarant, hypnotic, hallucinogen, or narcotic except in the performance of police duties as required by regulations or orders or when it is needed for prompt administration by orders of a licensed physician.
C.
D.
2.
3.
E.
Civilian employees are prohibited from bringing firearms into any building operated by SCMPD of the City of Savannah with the exception of evidence or an approved training session. SCM PO employees are prohibited from sleeping while on duty
F.
SCMPD GO# ADM-004 Oath of Office, Ethics, and Conduct I Page I 0 of 17

G. H.
SCMPD employees will not conduct private business to include operating a privately owned business during duty hours.
Smoking- Employees will not smoke or use tobacco products in view of the public, in any office operated by the City of Savannah, or in any police vehicle. Those employees hired under a no tobacco use agreement are prohibited from using tobacco products. Sickness - SCMPD employees who are unable to report for duty due to their illness, or that of an immediate family member or other reason will either personally or through a representative, report the fact immediately to the Customer Service Desk at Police Headquarters, no less than one (I) hour prior to their assigned reporting time.
I.
1.
While absent from duty due to sickness or disability, the employee will remain at their residence or place of confinement unless otherwise authorized by a physician or their superior officer. No employee will feign sickness or injury or deceive a representative of the Department as to their actual condition. Employees who become ill while on duty will notify their supervisor of the fact prior to leaving their assignment. SCMPD employees who have checked off sick may not work off duty or outside employment until they have returned to duty for at least one shift.
2. 3.
J. Employees will report any injury on duty to their supervisor in accordance with requirements set by the City of Savannah Risk Management. III. PROFESSIONAL LIFE STANDARDS
A.
Limitation of Authority - The first duty of an SCMPD Officer, as upholder of the law, is to know the bounds the law established for its enforcement. The SCMPD Officer must, therefore, be aware of the limitations and proscriptions which the people, through law, have imposed as a primary responsibility. General Responsibilities Within unincorporated Chatham County and the corporate limits of the City of Savannah, SCMPD Officers shall at all times take appropriate action to:
I. Protect life and property. 2. Preserve the peace. 3. Prevent crime. 4. Detect and arrest violators ofthe law. 5. Enforce all Federal, State, and local laws and ordinances within the jurisdiction of the SCMPD.
B.
C.
Knowledge of Laws and Rules - SCMPD employees are required to establish and maintain a working knowledge of laws and ordinances in force in the City of Savannah, Chatham County, the rules and policies of the SCMPD and the City of Savannah, and the orders of the SCMPD and Divisions thereof. In the event of improper action or breach of discipline, it will be presumed that the employee was familiar with the law, rule, or policy in question.

D.
Taking Police Action - SCMPD employees are required to take appropriate police action toward aiding fellow police officers and members of the public exposed to danger or in a situation where danger might be impending. Based on the facts of the situation, the failure to take appropriate police action may be considered neglect of duty which is a serious offense in the realm of discipline and could result in termination. Arresting and Dealing With Law Violators - SCMPD Officers shall use powers of arrest strictly in accordance with the law and with due regard for the rights of the citizen concerned. Police Action Based on Legal Authority- The requirement that legal justification be present imposes a limitation on an Officer's actions. An Officer must act reasonably within the limits of authority as defined by statute and judicial interpretation Who is to Take Action- The administrative delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve employees of other units from the responsibility of taking prompt, effective police action within the scope of those laws and ordinances when the occasion so requires. Employees assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. Responding to Calls - SCMPD employees will respond without delay to all calls for police assistance from citizens or other employees. Emergency calls take precedence; however, all calls will be answered as soon as possible, consistent with normal safety precautions and traffic laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no employee will fail to answer any telephone or radio call directed to him. Rendering Medical Aid - SCMPD Officers will immediately summon the assistance of Emergency Medical Services for any person that an officer encounters as sick or injured to include use of force incidents. No request for EMS by a citizen will be denied. Officer Availability - SCMPD employees on duty will not conceal themselves, except when necessary to perform an assigned duty. They will be immediately and readily available to the public during duty hours. Clarification of Assignment- SCMPD employees in doubt as to the nature or details of their assignment will seek such clarification from their supervisors by going through the chain of command. Reporting Accidents - Accidents involving SCMPD personnel, property, and/or equipment must be reported as soon as possible. SCMPD Property and Equipment - SCMPD employees are responsible for the proper care of Department property and equipment assigned to them. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action. SCMPD employees shall not use Department equipment or property except as assigned by an authorized supervisor.
E.
F.
G.
H.
I.
J.
K.
L.
M.

N.
Damaged/Inoperative Property or Equipment - SCMPD employees shall immediately report any loss of or damage to Department property assigned to or used by them to their immediate supervisor. The immediate supervisor shall be notified of any defects or hazardous conditions existing to any Department equipment or property. Presumption of Responsibility - In the event that SCMPD property is found bearing obvious evidence of damage that has not been reported, it shall be prima facie evidence that the last person using the property or vehicle was responsible. This presumption shall also apply to lost or missing property. Arrests - When making arrests, members will strictly observe the laws of arrest and the following provisions: 1. 2. Only necessary restraint to assure safe custody and the safety of the officer shall be employed. The arresting officer is responsible for the safety and protection of the arrested person while in his/her custody. The officer shall notify the transportation officers of any injury apparent illness or other condition which indicates the arrested person may need special care.
0.
P.
3. The arresting officer is responsible for the security of the personal property in the possession of the arrested person or under his/her control at the time of arrest. Except for vehicles, this responsibility transfers to the transportation officers when they accept custody of the arrested person.
Q.
Identification - Except when impractical or unfeasible, or where the identity is obvious, Officers will identify themselves by displaying their badge before taking police action. Officers will provide their name and/or rank and/or payroll number and display their department issued identification whenever requested. Transporting Persons in Police Vehicles - Private Citizens may be transported in SCMPD vehicles only when necessary to accomplish a police purpose. Such transportation will be done in conformance with SCMPD policy and with the approval of a supervisor.,_ Orders - Orders from a superior to a subordinate will be in clear and understandable language, civil in tone, and issued in pursuit ofSCMPD business. 1. Inappropriate Orders - No command or supervisory Officer will knowingly issue an order which is in violation of any law, ordinance, or Department rule. Employees who are given orders they feel to be unjust or contrary to rules and regulations must first obey the order to the best of their ability and then may proceed to appeal as provided below. Unlawful Orders - Obedience to an unlawful order is never a defense to an unlawful action. Therefore, no employee is required to obey any order which is contrary to Federal or State, law or local ordinance. Responsibility for refusal to obey an order rests with the employee. Employees will be strictly required to justify their actions.
R.
S.
2.

3.
Action upon receiving unlawful Orders - SCMPD employees receiving an unlawful, unjust, or improper order will, at the first opportunity, report in writing to the Chief of Police through official channels. This report will contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Extra-departmental action regarding such an appeal will be conducted through the office of the Chief of Police. Conflicting Orders - Upon receipt of an order conflicting with any previous order or instruction, the employee should advise the individual giving the second of the conflicting instruction. If so directed, the latter command will be obeyed first. Orders will be countermanded, or conflicting orders will be issued only when reasonably necessary for the good of the Department.
4.
T.
Conflict of Policy - If an occasion arises where an SCMPD General Order and a City of Savannah policy are in direct conflict the City of Savannah policy shall supersede the Department. Reporting Violations Of Laws, Ordinances, Rules Or Orders - Any employee who becomes aware of possible misconduct by another employee of SCMPD will immediately report the incident to a supervisor or directly to the Office of Professional Standards. 1. 2. Any employee that observes serious misconduct will take appropriate action to cause the misconduct to immediately cease regardless of rank. Any employee who is determined to have had such knowledge mentioned above and failed to report or attempt to prevent the conduct is subject to disciplinary action. Retaliation against any other employee or member of the public, who reports, discloses, divulges or otherwise brings to the attention of appropriate authority any facts or information relative to the alleged violation of any law, ordinance or rule or regulation is strictly prohibited.
U.
3.
V. W. X.
Medical Care - Employees shall ensure that any injured or ill person is given the opportunity for medical care. Payment of Debts - All employees of the SCMPD will promptly pay their legal debts. Failure to do so will subject the offender to SCMPD disciplinary action. Testimony in Civil Cases - No sworn employee of the SCMPD will testify in any civil case in court unless legally summoned to do so or unless they have received permission or order from the Chief of Police. Use of Private Vehicles- Sworn employees will not patrol their post or cover their assignment with a private vehicle unless they have been authorized to do so by competent authority. False Information on Records - Employees of the SCMPD will not make false official reports or knowingly or willingly enter or cause to be entered into any SCMPD books, records, or reports any inaccurate, false, or improper police information or material matter.
Y.
Z.

AA. Loitering -During their tour of duty, employees of the SCMPD will not loiter in cafes, bars, restaurants, theaters, service stations, or other public businesses, unless the employee is working undercover. Other than those transacting police business, employees will not be permitted to loiter in or about police buildings. BB. Withholding Evidence - Employees of the SCMPD will not fabricate, withhold, or destroy any evidence of any kind. CC. Soliciting Petitions for Promotion or Change of Duty - No employees of the SCMPD will solicit a petition supporting the promotion or demotion or a change in duty status, of any SCMPD employee. This excludes letters of endorsement by individuals for employment DD. Distribution of Cards, Buttons, Etc.:. - Employees of the SCMPD, individually or representing police organizations, are prohibited from issuing to persons other than employees, volunteers or chaplains ofthe SCMPD, any identification card, button or other device which assumes or implies to grant the person any special privilege or consideration in their business of the SCMPD. EE. Gifts and Favors - No employees of the SCMPD will seek or accept, under any circumstances, directly or indirectly, any gift, reward, present, money, gratuity, or any form of compensation from any person, based on their employment as an SCMPD employee or for any service rendered.
I. The Chief of Police is authorized to allow employees to accept and participate in publically presented acts of recognition.
FF.
Recognition of the United States Flag_- Uniformed sworn employees will render all honors to the flag in the form of a military salute. 1. Massed flags, flags used for decorative purposes, etc., will not be saluted. 2. During the playing of the national anthem officers will stand at attention and salute the flag. 3. A hand salute will be rendered to a color guard when posting or presenting the colors (U.S. flag) in either a parade or assembly.
IV. DISCIPLINARY SYSTEM A. SCMPD employees violating their oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of Georgia, local ordinances, or who violates any provision of the Rules and Regulations of the Department, or who disobeys any lawful order, or who is incompetent to perform their duties is subject to appropriate disciplinary action. Final Department disciplinary authority and responsibility rests with the Chief of Police. l. For disciplinary purposes, the Chief of Police has the authority to reprimand, suspend up to 30 days, demote, or dismiss the employee from the Department, subject to review by the City Manager.
B.

2. If the employee involved feels they may have been improperly treated, they may apply to the City Manager for a hearing after receipt of written notice of the penalty. 3. Any appeal of the decision of the City Manager must be made in accordance with existing civil service rules and regulations. [CALEA 26.1.6] C. Supervisory personnel may take the following measures in the course of discipline: 1. Assign an officer to either new training or remedial training. 2. 3. 4. D. Verbal Counseling will be documented and place in the Officer's file Written reprimand (subject to approval by the Chief of Police). Written recommendations for other penalties. [CALEA 26.1.5]
Whenever disciplinary action is to be taken or recommended, a written report must be submitted immediately, containing the following information: I. The name, rank, payroll number, and present assignment of the person being disciplined. 2. The date(s) and time(s) ofthe misconduct and the location. 3. The section number(s) of the policy violated and wording. 4. A complete statement of the facts of the misconduct. 5. The punishment imposed or recommended. 6. The written signature, rank and payroll number of the preparing officer and their position in relation to the person being disciplined. [CALEA 26.1.5]
E.
Any Supervisory or Command Officer has the authority to impose an emergency suspension against any employee regardless of the unit to which the employee is assigned until the next business day when an employee's continued presence at work would be a detriment to the efficiency of the Department or to public safety, A business day is defined as Monday through Friday from 0800 to 1700 hours. [CALEA 26.1.5] An SCMPD employee receiving an emergency suspension will be required to report to the Division Commander on the next business day at 0800 hrs, unless otherwise directed by competent authority to appear at a different time or date. The command or supervisory officer imposing or recommending the suspension will also report to the Division Commander at the same time. The Chief of Police may sustain or rescind the suspension action. [CALEA 26.1.5] When the command or supervisory officer of one unit orally reprimands an employee of another unit, they will notify the supervisor of the individual so disciplined as soon as possible. They will also submit a written report of this action and the reasons therefore to the commanding Officer of the employee.
F.
G.

This General Order serves as the Department's Rules and Regulations and supersedes all written directives issued prior to 07/20/12 pursuant to Oath of Office, Ethics, Conduct, General Conduct, and Rules and Regulations.
BY ORDER OF: Original Signature on File

Willie C. Lovett
Chief of Police

SCMPD GENERAL ORDER GO# ADM-007: USE OF FORCE
ADMINISTRATION EFFECTIVE DATE: 03/04/04 REVISION DATE: 08/17/05 03/05/11 07/19/11 08/28/12
PURPOSE:
To establish guidelines for the lawful use of force and procedures for regulating deadly and non-deadly use of force incidents including investigating deadly and non-deadly use of force incidents in compliance with O.C.G.A. 174-20.b
POLICY:
All sworn Officers of the Savannah-Chatham Metropolitan Police Department (SCMPD) must successfully complete SCMPD approved training in use of force techniques and update this training annually. Only SCMPD Officers who demonstrate proficiency in the use of SCMPD authorized weapons will be approved to carry such weapons. [CALEA 1.3.10] Officers authorized to carry lethal and less lethal weapons will be issued copies of and be instructed in the policy described in this Order before being authorized to carry such weapons. The issuance and instruction shall be documented. [CALEA 1.3.12] Officers may use force only to maintain and/or restore order and will never apply force maliciously or sadistically. In effecting the capture, arrest, control or transport of a subject, Officers will employ only the amount of force reasonably necessary to accomplish the task when force is necessary. [CALEA 1.3.1] In the event that a situation escalates beyond the effective use of verbal techniques to defuse the situation, Officers are authorized to employ SCMPD approved compliance techniques and their issued weapons in relation to SCMPD training.
DEFINITIONS
Non-Deadly Force - Any physical exertion or device that is used to restrain, control or repel another which is not reasonably likely to cause death or serious lllJUry. Deadly Force - Any force that is reasonably likely to cause death or serious injury. Force that is not reasonably likely to cause death or serious physical injury, but unexpectedly results in death or serious injury is not considered to deadly force. Imminent An event that is about to occur at any moment.
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Less Lethal Any force employed using specialized equipment that is designed to temporarily incapacitate a person and is not reasonably likely to produce death or serious injury, including but not limited to Oleoresin Capsicum (OC spray), impact weapons, conducted energy weapons, Pepperballs, Kinetic Energy Impact Projectiles and canines. Reasonably Believed Facts and circumstances, known to an officer at the time he or she uses force, that would cause an officer to believe that force is reasonably appropriate. Serious Physical Injury Bodily injury that creates a substantial risk of death, causes serious or permanent disfigurement, or results in long term loss or impairment of the functioning of any body member or organ. PROCEDURES:
TRAINING
A At least annually, all SCMPD personnel authorized to carry weapons are required to receive inservice training on the SCMPD use of force policies and demonstrate proficiency with all approved lethal weapons that employees are authorized to use. Inservice training for weaponless control techniques and less lethal weapons shall occur at least biennially (every other year). [CALEA 1.3.11]
B SCMPD proficiency training must be monitored by a certified instructor and
training and proficiency must be documented. [CALEA 1.3.1la,b] C SCMPD Officers who are unable to qualify with an authorized weapon prior to resuming official duties will undergo remedial training prescribed by the Training Unit with the weapon. [CALEA 1.3.11c]
D Neck restraints or similar weaponless control techniques with a potential for serious injury shall be included in the annual in service use of force training curriculum.
II NON-DEADLY FORCE
A Parameters For The Use Of Non-Deadly Force
All Officers who encounter a situation where the possibility of non compliance to a lawful arrest exists should, if possible, attempt to defuse the situation through verbal warning and persuasion. 2 In the event that a situation escalates beyond the effective use of verbal techniques Officers are authorized to employ SCMPD approved compliance techniques and issued weapons to defuse the situation.
3 Officers shall use only that amount of force which is necessary and reasonable to overcome non-compliance and/or a threat. [CALEA 1.3.1]
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4 As the subject offers less resistance, Officers will lower the amount or type of force used. As compliance is achieved the amount of force used to gain compliance will be lowered. 5 If the amount of non-compliance escalates, Officers are authorized to respond with reasonable use of force options, using techniques and weapons at their disposal. 6 When appropriate, verbal direction should be given in conjunction with all use of force. 7 Issued weapons may be employed by the Officer as deemed reasonably necessary. All authorized defensive weapons and tactics shall be used in the manner prescribed during training. B Types Of Less Lethal Force [CALEA 1.3.4]
I
Chemical Irritants a Only SCMPD issued Oleoresin Capsicum (OC) with a 10% concentration is authorized for use. The use of OC spray for crowd control must be approved by a Sergeant or other ranking Officer unless exigent circumstances exist. [CALEA 1.3.9 a]
b Uniformed Police Officers will carry only SCMPD issued OC spray canisters. [CALEA 1.3.9] c Non-uniformed Officers may carry OC spray in alternative devices as authorized by the SCMPD and issued by the SCMPD Armorer. [CALEA 1.3.9] Chemical irritants may be used as necessary based upon the level of non-compliance being used by the subject and prior to the exercise of a greater degree of force. OC should only be used when an Officer believes it is the best choice for the circumstances. OC spray may be used when verbal direction is ineffective or inappropriate. OC may be used to effect the removal of a person(s), from a stopped vehicle that cannot immediately be moved, who refuses to exit when lawfully commanded to do so by a Police Officer and physical resistance is used by the person(s). For this purpose, a stopped vehicle is defined as the ignition being off and the car is not capable of being immediately started and used as an attempt to flee once the person is sprayed.
g OC spray will only be used as a control and compliance measure in accordance with training.
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Police Officers should avoid the use of OC spray in areas where its use could reasonably and foreseeably cause panic or cause them and/or other Officers to become contaminated. The use of OC spray should cease when it becomes apparent the person being sprayed cannot be subdued by further use of the OC spray.
Medical Assistance for persons suffering from the effects of an Officer's use of chemical irritants shall be provided by EMS personnel or a hospital. [CALEA 1.3.5] The use of OC spray is classified as a use of force and Officers will complete a UOF Report any time OC is used detailing the reason(s) for the decision to use OC spray on any affected persons, as well as identifYing all persons affected by the spray, including offenders, Police Officers, and other witnesses. OC spray devices will be maintained in operational condition. Replacements for damaged, inoperable, or empty OC spray devices will be done by the armored or his assistant.
m Community Service Specialists will be trained in the use of OC spray and issued canisters to carry for protection and must report any use. 2 Pepperballs [CALEA 1.3.9a] a Pepperballs are authorized when a subject or a disorderly crowd refuses to disperse or exhibits violent or potentially violent behavior that threatens the safety of others.
b Officers may deploy the use of pepperballs designed to release OC after attempts to subdue the subject or disperse the crowd by conventional means and other dispersion measures have not or appear unlikely to be effective. c Only sworn SCMPD Officers, trained by a certified instructor and authorized to use the pepperball delivery system, will be allowed to use such equipment. [CALEA]
(l) When it is unsafe to approach a suspect within contact range of
d Pepperballs may be used in the following circumstances: the handheld canister. (2) When a higher use of force option may be justified, but the opportunity exists for the use of a Pepperball before these options are employed. Under this use the officer will be covered by the safety of an officer ready to resort to deadly force.
(3) To disperse an unruly or rioting crowd threatening unlawful
property damage or physical force.

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(4) To control a suspect actively resisting arrest by taking a fighting stance or attempting to assault an Officer. e
f
Officers will not intentionally aim shots to a person's head, face, neck, and groin as unintentional injuries may occur. All uses of pepperballs will be within the methods taught during training and within the manufacturer's specifications.
g EMS will be summoned for persons affected by the application of pepperballs and if needed transported to the Emergency Room. [CALEA 1.3.5]
h Persons who are affected will be monitored closely for any adverse
reaction. As with all prisoners, they will be seated upright and monitored for breathing problems. If the person appears to be experiencing breathing problems, EMS will be called immediately. 3 Batons [CALEA 1.3.9a] a Only SCMPD issued ASP collapsible batons are authorized for regular patrol duties. b The baton will be used as a control and compliance measure as defined by the department policy. c Batons will be used in conjunction with verbal direction. d If it becomes necessary to use the baton on a subject, all strikes will be delivered to the major muscle masses, which include forearms, thighs, and calves. e Keep in mind that targets such as the elbows, wrists, and knees have a high probability of creating soft or connective tissue damage or bone fractures when struck with an impact weapon. Officers will not intentionally strike the head, neck, throat, or clavicle unless the situation justifies the use of deadly force.
g The use of a baton must cease when it becomes apparent the person has been subdued or is not effective.
h EMS will be summoned for persons struck by Officers. [CALEA 1.3.5].
4 Bilateral Neck Restraint I Shoulder Pin a No Officer will utilize the LVNR/Shoulder Pin without having successfully completed SCMPD training prior to its use.
b The BNR may be employed on three levels, as each level becomes necessary: c Level I - No pressure is applied.
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d Level II - Both sides of the neck are compressed until the suspect consciously complies with the officer's orders.
e
Level III - Pressure is increased, because of continued suspect resistance, until the suspect stops resisting or becomes unconscious. If the person becomes unconscious or appears injured in any way will have EMS summoned. They will be transported to the Emergency Room prior to booking [CALEA 1.3.5] At no time will Officers employ the Bar-Arm Neck restraint or Respiratory Restraint unless justified to use deadly force. The use of impact munitions is authorized when an officer is confronting a combative, armed or violent person where deadly force is not immediately necessary. When used the officer will be protected by deadly force cover. The use of Kinetic Energy Impact Projectiles must be authorized by a sergeant or other ranking officer before deployment. Only officers trained and certified by the SCMPD Training Unit are authorized to carry or deploy Kinetic Energy Impact Projectiles. Officers will not intentionally target the head neck or throat of a suspect unless there is an imminent threat and lethal force is justified. When practical, before deploying Kinetic Energy Impact Projectiles officers should give a verbal warning to minimize the chance of "contagious fire." The Kinetic Energy Impact Projectiles authorized by SCMPD are:
( 1)
f 5
Kinetic Energy Impact Projectiles [CALEA 1.3.9a]

a
c
d
Super Socks FN303 rounds KO 1 rounds
(2)
(3)
6 Electronic Control Devices- See SCMPD General Order OPS-058

7
Canines -See SCMPD General Order OPS-009
III DEADLY FORCE

A Parameters For The Use Of Deadly Force [CALEA 1.3.2]
The apprehension of criminal offenders and protection of property must at all times be secondary to the protection of life, including the Officer's life.

2 Officer may use deadly force to protect themselves or others from what is reasonably believed to be an imminent threat of death or serious injury to the Officer or others. 3 An Officer may use deadly force to capture or prevent the escape of a suspect whose freedom is reasonably believed to represent an imminent threat of serious injury or death to the Officer or others. 4 When an Officer discharges a firearm, it will be done in accordance with Georgia law, SCMPD policy, SCMPD training methods, the United States and Georgia Constitution. 5 Justification for the use of deadly force will be limited to what reasonably appears to be the facts known or perceived by an Officer at the time the decision is made to act. Facts unknown to an Officer, no matter how compelling, cannot be considered later in determining whether the shooting was justified. 6 No distinction will be made relative to the age of the intended target of deadly force as self-defense and imminent threat are the only policy guidelines for employing deadly force. B Drawing or Exhibiting Firearms An Officer's decision to draw or exhibit a firearm should be based on the Officer's reasonable belief there is a substantial risk that deadly force may be needed. When an Officer has determined that the use of deadly force will not be necessary, the Officer shall, as soon as practicable, secure and/or holster the firearm. 2 Whenever an Officer exhibits a firearm and points it to control an individual (offensively or defensively), they shall complete and submit a UOF Report. SWAT and Mobile Field Force are exempt from this in actual SWAT and Mobile Field Force Operations. C Warning Shots [CALEA 1.3.3] Warning shots are forbidden, except under the most extreme circumstances to include but not limited to; attempting to stop a vicious animal attack and for Homeland Security defense by the Marine Patrol Unit. D Use of the Firearm A verbal warning will be issued prior to the discharge of a firearm, if practical. 2 Whenever an Officer discharges a firearm, either accidentally or officially, they will, as soon as safety allows, determine the physical condition of any injured person and render assistance when appropriate,
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notify the Communications Center of the incident and location, and request emergency medical services and a supervisor [CALEA 1.3.5] 3 Any Officer involved in a shooting will protect their weapon for examination and submit the weapon to the Criminal Investigation Division Forensic Officer away from the scene. The submitting of the weapon should be done completely out of the view of the public. a If the weapon has become part of the crime scene it will remain there and will be collected by the forensic investigator. b When an Officer who has discharged a firearm is injured, and must be taken immediately for treatment the firearm will be secured by the ranking Officer on the scene who will surrender the weapon to a forensics investigator. 4 Every witness Officer present during the discharging of the firearm will complete a detailed report of the incident. The on-scene supervisor will assign an officer to complete the original police report. 5 Shooting cases involving human injury andlor death, or a sensitive andlor high profile incident will be investigated by the IA Unit and the Criminal Investigation Division. a Negligent or accidental discharges not resulting in an injury or death will be investigated by the employee's supervisor and assigned an OPS number.
6 Any Officer whose actions or use of force results in injury or death will be removed from line duty assignment and placed on administrative leave by the OPS Commander pending the completion of investigations and administrative review of the incident until reinstated by the Chief of Police The Officer will be available at all times for official interviews and statements regarding the case. [CALEA 1.3.8] 7 The Officer may be subject to recall to duty at any time and will not discuss the case with anyone except appropriate investigative personnel, the assigned District Attorney, or the Officer's attorney. a
8
Officers considering talking with Criminal Investigators or the District Attorney will be afforded all rights under Miranda.
When a firearm is discharged by an SCMPD Officer, an on-duty supervisor or Precinct Commander will advise the Communications Center to make necessary notifications. An Officer WILL NOT discharge a firearm to threaten or subdue an unruly crowd or person if there is not a threat to the Officer's life or to the lives of others.
E Prohibited Uses ofFirearms
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2 An Officer WILL NOT discharge a firearm to subdue a misdemeanor or felony suspect attempting to escape, but not presenting an imminent threat of serious bodily harm or death to the officer or to others. 3 An Officer WILL NOT discharge a firearm to stop a fleeing person who is guilty only of suspicious conduct, or who is fleeing from a stolen car, or whose conduct is not dangerous. 4 An Officer WILL NOT discharge a firearm to threaten or subdue a physically violent subject who has not resorted to violence which represents a threat of severe bodily harm to the Officer or other persons present; however, in this case lesser force may be required and justified. 5 An Officer WILL NOT discharge a firearm when it appears likely that an innocent person may be injured. 6 An Officer WILL NOT discharge a firearm at the occupants of a vehicle (moving or stationary) or from a moving vehicle, except in self-defense or the defense of another.
7 Officers WILL NOT discharge a firearm at a moving vehicle in an attempt to disable the vehicle.
F Unconventional Weapons or Techniques

1 It is recognized that in some extreme circumstances, where the survival or physical wellbeing of the Officer or the general public is in severe jeopardy and there is reason to believe that an imminent threat of death or serious physical injury exists, The situation may dictate the use of techniques and/or items, not usually authorized or specific training given. These might include, but are not limited to knifes, flashlights, natural impact weapons, household utensils, tools, or other devices that are readily available. SUCH ITEMS SHOULD BE USED ONLY AS A LAST RESORT and only when the exigency of the situation requires their use
IV RESPONDING TO DISCHARGING FIREARMS INCIDENTS

A
Notifications
In cases when an Officer, either on-duty or off-duty, discharges a SCMPD firearm or approved firearm (while acting under the color of law) at a person without making contact, the Police Communications Center will notify the following. a c The on-duty or acting Precinct Commander of the Officer. The Watch Commander. b The Chief of Police. d The Office of Professional Standards (OPS Unit).
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e The supervisor of the agency with primary jurisdiction. 2 In cases when an Officer, either on-duty or off-duty, discharges a SCMPD firearm at a person making contact, the Communications Center will dispatch requested medical assistance and notify the following the persons listed in section A but add the Criminal Investigation Division.
B Discharging Firearms Incidents Outside of Chatham County

1 Should an Officer have to discharge a firearm while outside Chatham County, they will ensure the SCMPD Communications Center is notified as soon as practical. 2 The Communications Center will dispatch a Supervisor from the closest precinct, if the incident is in Bryan or Effingham County. The IA Unit will respond to incidents occurring beyond Effingham or Bryan Counties. 3 The SCMPD Supervisor will immediately proceed to the location and obtain all pertinent information, keeping their commander and the IA Unit apprised of the situation. 4 The IA Unit will conduct an internal investigation, as the agency having jurisdiction will be responsible for all other criminal investigations. 5 All applicable provisions of this and all SCMPD policies will apply with respect to the investigation.
V REPORTING A USE OF FORCE INCIDENT [CALEA 1.3.6]

A An SCMPD Use of Force (UOF) Report will be completed whenever an officer
uses force which is greater than that required for unresisted Departmentapproved searching, handcuffing or escorting. This includes all use of force applications against persons who ultimately flee and are not apprehended.
B All details regarding the use of force shall be included in the preliminary report. When feasible, force reports shall be reviewed and approved by the supervisor to whom the force incident was initially reported. A reference to the verbal notification and the name of the supervisor to whom it was made shall be included in the first report.
C Each assisting member who used force, including PTO/PTR partners, shall submit a separate supplementary report detailing his/her actions. When practical, reports relating to the use of force incidents shall be submitted to the supervisor to whom the initial incident was reported. D Each member reporting force shall describe in detail the actions of the suspect necessitating the use of force and the specific force used in response to the suspect's actions or resistance.
E All injuries or complaint of injuries, and any medical treatment or refusal of
medical treatment, shall be documented in the preliminary report or supplemental reports and photographed.
F Use of Force Reports are required for incidents where Officers:
Discharge a firearm for other than training or recreational purposes or the destruction of an animal. [CALEA 1.3.6a] A preliminary incident report will be completed for the destruction of an animal. 2 Take an action that results in, or is alleged to have resulted in, injury or death of another person. [CALEA 1.3.6b] 3 Apply force through the use of deadly or less lethal weapons. [CALEA 1.3.6c] 4 Apply weaponless physical force at a level of force commensurate with the amount of non-compliance offered by a subject. [CALEA 1.3.6d] G Officers involved in incidents which require the completion of a UOF Report whether on duty, off duty, or while working extra/off duty employment will immediately contact a Supervisor or, if off duty, the on duty Supervisor assigned to the precinct where the incident occurred. H Officers will complete a Preliminary Investigation Report and a UOF Report and, if necessary, a supplemental Report as soon as possible, but prior to the end of their shift. The use of force will be completed in the ARS reporting system unless the system is not working. Supervisors and Watch Commanders who respond to the scene will inquire of the officer the circumstances leading the need for force and what force was used. They will also interview the suspect if possible and inquire of injuries and circumstances if possible.
J
Supervisors and Watch Commanders will look for and obtain statements from witnesses to the incident. Statements will be attached to the Use of Force package and comments placed in the cover letter.
K Supervisors will photograph all evidence of use of force if possible, to include torn clothing, bruising and lacerations to both the officer and suspect.
L
All reports will be administratively reviewed by the supervisor to determine whether officer actions are within policy and reasonable or training, weapons and equipment issues are apparent. The reports will be forwarded through the chain of command to the appropriate Precinct/Unit Commander for further review within 48 hours. [CALEA 1.3.7] The report at a minimum, will detail the facts of the incident based upon statements (witness, suspect, and Officer), physical evidence, and recommendations. [CALEA 1.3. 7]

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A copy of the report, the supervisor's cover letter and a Use of Force File Form will then be forwarded through the chain of command. Each commissioned officer will review the submitted file and make their determination if the force used is reasonable. Once completed, the forms will be forwarded to the Office of Professional Standards.
VI USE OF DEADLY FORCE DEBRIEFING

A
In all cases where any person has been killed or seriously injured as a result of a firearm discharged by an SCMPD Officer, the involved Officer will be offered, at the City's expense, the services of a SCMPD appointed psychologist within 24 hours of the incident. The purpose of this debriefing will be to allow the Officer to deal with the moral, ethical, and/or psychological after effects of the incident. The debriefing will not be related to any SCMPD investigation of the incident and nothing discussed in the debriefing session will be reported to the SCMPD. The debriefing session will remain protected by the privileged physician patient relationship.
B In all cases where any person has been seriously injured or killed as a result of a firearm discharged by a SCMPD Officer, the involved Officer and their family will also have available to them the services of a the City of Savannah Employee Assistance Program and/or SCMPD Chaplain to provide the Officer and/or the family with a source of professional consultation to aid them in dealing with the potential moral and ethical after effects of a shooting incident. The Chaplain's services will not be related to any SCMPD investigation of the incident, and nothing discussed will be divulged to the SCMPD. The consultation sessions will remain protected by a privileged relationship. C Prior to being returned to duty the involved officer will be required to undergo a fitness for duty evaluation with an SCMPD appointed psychologist, at the City's expense to determine the officer's ability to be returned to duty. This evaluation is not privileged under the physician-patient relationship.
D Duties
I Duties of Precinct Sergeants

a The Precinct Sergeant will proceed immediately to the scene and secure the scene as well as any witnesses.
b Ensure a perimeter is set up around the scene; establish separate areas for the media, Investigators and Command as staging points. c Ensure that care is rendered to any employee or civilian that is in need.
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d Ensure that proper notifications are made to include the Watch Commander. e
f
Determine if there are any ongomg issues that may affect public safety. Assign a second supervisor to remain with the officer who used deadly force.
g If the situation allows, keep the officer at the scene for a public safety debriefing. If not, remove him or her to safe location.
h After talking to the Criminal Investigators take or arrange for the
involved officer to be taken to an approved lab for the purpose of submitting blood and urine samples for testing. Prior to the submission of samples the supervisor will advise the officer of his/her Garrity warmngs.
2
Duties of Precinct Lieutenants

a
b
Ensure the duties of the sergeant at the scene are addressed. If not, he/she will make this their first priority after assuming command. Conduct the preliminary field investigation. Enact a tactical alert if needed. Assign responsibilities as needed. Summon appropriate resources. Make contact with the Precinct Commander or Assistant Division Commander and ensure that a critical incident notification is completed. Ensure that all reports are completed and submitted to the Precinct Commander for review.
c d e
Precinct or Asst. Division Commander

a Upon notification respond to the scene to render command assistance to the investigation efforts. Summon appropriate resources. The CID will investigate any shooting incident involving an SCMPD sworn employee that results in injury or death in the SCMPD jurisdiction.
b Ensure the needs of the officer(s) involved are protected. c

4
Duties of the Criminal Investigations Division (CID)

a
b At the direction of the Chief of Police the Georgia Bureau of Investigation may be requested to conduct any investigation relating to such incidents.
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c
d
Such investigations will be conducted usmg the same general guidelines as any other shooting incident. Criminal Investigators will conduct the primary concentrating on the criminal aspects of the incident. investigation
e
5
Criminal Investigators will share all information they obtain during their investigation with the Internal Affairs Unit. The lA Unit will investigate any contact and non-contact shooting by SCMPD personnel involving human life.
Duties of the Internal Affairs (lA) Unit

a
b In the event serious injury or death is inflicted by an Officer, ensure the Officer is placed on administrative leave, without loss of pay or benefits, pending the results of the investigation and an administrative review by the Chief of Police. [CALEA 1.3.8] c d e The lA Commander or his designee will make the decision to issue the officer a replacement weapon. lA Unit Investigators will not disclose information from their investigation with Criminal Investigators. lA Unit Investigators will submit a report of their findings to the Chief of Police or designee which includes the following:
(I) The circumstances surrounding the shooting,
(2) The history of the officer's employment with SCMPD, (3) Implications of Department Policy relating to the shooting.
f
The Internal Affairs (lA) Unit of the Office of Professional Standards shall conduct a documented annual analysis of all Use of Force cases by January 31 for the preceding year, and will forward a copy of the analysis to the Accreditation Unit. [CALEA 1.3.13]
VII
A
USE OF FORCE REVIEW BOARD

The Use of Force Review board will review all substantial or questionable uses of force by sworn personnel of the SCMPD.
B It is the policy ofthis department to carefully monitor and analyze the use of any type of force by its officers. Therefore, the intent of this board is to examine substantial or questionable uses of force for the purposes of determining policy violations, failures of policy, equipment, or training issues and enhance future performance.
C
The Use of Force Review board will be chaired by a Major of Police designated by the Chief of Police on a rotating basis.
SCMPD GO#ADM-007 Use of Force/Page 14 of 17
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Members of the board will be chosen by the chairperson and be representative of all areas of the department. At a minimum the board will include two civilian members of the community and the department's Training Unit Commander or their representative.
D Substantial Use of Force- All incidents involving the use of deadly force such
as an officer involved shooting; unintended discharges of a firearm; all uses of carotid restraint control holds including any modified, full or locked carotid; all uses of force resulting in an injury requiring hospitalization; all head strikes with an impact weapon; all TASER deployments intentional or unintentional and all other uses of force resulting in death.
E Questionable Use of Force - Any Use of Force in which the involved officer's
intent, tactics, or techniques are of a questionable nature. All such incidents will be referred to the review board by that officer's Commander or by review of the Use of Force Review Board chairperson.
F Tactical Debrief I The Use of Force Review Board Chairperson will assign a subject matter specialist to debrief involved personnel in all substantial and questionable uses of force and complete a presentation of their findings to the Use of Force Review Board.
2 This debrief will be a collective review of an incident to identify those areas where actions and decisions were effective and those area where actions and decisions could have been improved. The intent of this debrief is to develop a comprehensive presentation to be the Use of Force Review Board.
G Executive Review Board I The Deadly Force Review Board will convene at the order of the Chief of Police and review circumstances surrounding the discharge of a firearm by a SCMPD Officer when recommended by the IA Unit.
2 The Board will be comprised of. a The Chief of Police or designee. b Three Majors and three Captains assigned by the IA Unit Commander on a rotating basis. Note: The Chief of Police may designate a Captain to represent a Division Commander who is absent. c The Executive Review Board will develop findings and make recommendations to the Chief of Police in the following areas:
(I) Whether the
shooting was within policy, out of policy, or
accidental. (2) Tactical considerations. (3) Training considerations.

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(4) Quality of supervision. (5) Discipline considerations. (6) The post-shooting investigative process and quality.
VIII CIVIL DISTURBANCE USE OF FORCE

A A Civil Disturbance is a disruption of a peaceful, ordered environment that creates a condition which interferes with another person's rights or their ability to perform their normal, legal activities. B During a civil disturbance, the SCMPD will preserve the peace and enforce the law while protecting the rights of the demonstrators to assemble peacefully and exercise free speech. SCMPD Officers will perform their duties in a manner that is balanced, measured, and appropriate in response to the circumstances. C Constructive Control (Officer Presence and Verbal Direction) is a uniformed police presence and may be in a field force platoon formation. There is no physical contact between the police and demonstrators and Use of Force reports are not required. D Physical Control (Empty Hand Control) involves hands-on touching, guiding, or directing with no deployment of tools or weapons. This may include line and wedge formations (with or without protective riot shield) in order to move a crowd that resists verbal commands. Arrests also fall into this category. Documentation of force per current Department policy is required.
E Mechanical and/or Chemical Control (Non-lethal Weapons) has two levels,
the use of tools or weapon(s) to include ASP batons, 36 inch wooden baton and the black monadnok which should only be used individually as defensive tools, and crowd control shields. Also include at this level are chemical weapons such as OC spray and mechanical weapons, such as Kinetic Energy projectiles (aka supersocks), TASERS. Documentation of force per current Department policy is required.
F Deadly Force (Lethal Weapons) will not be utilized in crowd situations except as a last resort in the face oflife threatening circumstances.
G In fulfilling its responsibilities during a civil disturbance in which demonstrators engage in unlawful conduct, the SCMPD will make reasonable efforts to employ non-arrest methods of crowd management as the primary means of restoring order.
H If such methods prove unsuccessful, arrests shall be made for violations of
the law.
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All arrests shall be based on probable cause and arresting Officers' Use of Force shall be objectively reasonable to the circumstances encountered. As much as possible under the circumstances, arrests shall be made in an organized manner at the directions of a Supervisor which shall be fully documented.
This General Order supersedes all written directives issued prior to 08/28/12, pursuant to Use of Force.
BY ORDER OF: Original Signature on File
Willie C. Lovett Chief of Police

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SCMPD GENERAL ORDER GO# OPS-048: CRITICAL INCIDENT NOTIFICATIONS PURPOSE
OPERATIONS EFFECTIVE: 09/11/2006 REVISED:OS/25/10
The purpose of this order is to establish a defmitive system for dissemination of information resulting from critical incidents to the Chain of Command.
POLICY
It is the policy of the Savannah-Chatham Metropolitan Police Department that all sworn Officers shall immediately notify the next level of their chain-of-command in the event of Category I or Category II incidents as defined below. The senior ranking Officer at any Category I or Category II type incident shall begin the chain-of-command notification. If an Officer is unable to reach the next level of the chain-of-command, the notifying Officer shall continue up the chain, up to and including the Chief of Police, until proper notification is made. Category I Incidents - The following types of incidents are Category I incidents and require immediate verbal notification of appropriate Division Commanders and the Chief of Police: The death of a SCMPD Police Officer, on or off duty. A SCMPD Police Officer is shot, seriously injured or becomes seriously ill while on duty. A citizen is killed or seriously injured by a SCMPD Police Officer. Complaints from the City of Savannah Manager, Chatham County Manager, Mayor of Savannah, Chatham County Commission Chairman, City of Savannah Council Member, or Chatham County Commission Member. (Chief only) Hostage/barricaded gunmen situations. Catastrophic natural or man-made disasters. Incidents likely to bring discredit to SCMPD. Incidents involving unusual situations, individuals, groups or organizations that would tend to attract extraordinary media attention or the interest of the general public. All homicides
An arrest of any SCMPD Officer or the arrest of any police officer by SCMPD.
Category II Incidents - The following types of incidents are Category II incidents and require written notification to the Division Commander prior to 0800 hours on the next business day: Police vehicle accident or damage reports (minor accidents). Police Officer IOD reports.
SCMPD GO # OPS-048 Critical Incident Notifications I Page 1 of 4

Incidents involving a citizen lodging a complaint against an Officer for excessive Use of Force or Ethics violation or where a complaint appears imminent. Incidents in which Officers are required to leave the SCMPD's jurisdiction or assist outside agencies within SCMPD's jurisdiction. The arrest of any Federal, State, or local elected official. Incidents wherein an SCMPD employee, on or off duty, comes under investigation by any outside law enforcement agency""
PROCEDURE I. IMMEDIATE NOTIFICATIONS A. Immediate notifications shall be made via police radio or through the use of telephones or blackberry devices. The process will be as follows: L Police Officers shall immediately notify their supervisor (Sergeant or Lieutenant) of all Category I or Category II incidents. 2. Sergeants shall immediately notify their Lieutenant or Precinct/Unit Commander of all Category I or Category II incidents. 3. Lieutenants shall immediately notify their Precinct or Division Commander of any Category I incidents. 4. Precinct/Unit Commanders shall immediately notify their Division Commander of any Category I incident. 5. Division Commanders shall immediately notify the Chief of Police of any Category I incidents. 6. If any person is unable to make the next notification they will then move up to the next person. II. WRITTEN NOTIFICATION A. Category II incidents shall be reported, in writing, to the affected Division Commander, through the chain-of-command by 0800 hours the next business day. B. The notification shall include the following, when applicable: 1. Supervisory cover memorandum (or email, if appropriate.) 2. Pertinent reports and forms. 3. Any other relevant information or data. III. CRITICAL INCIDENT LOG A. Category I and Category II incidents shall be entered into the Critical Incident Log located in Lotus Notes by the Sergeant, or designee, prior to the end of their tour of duty. B. The senior officer on duty shall submit a summary of the event(s) to the applicable Precinct or Unit Commander and the Division Commander as soon as feasible, without delay.

C. Prior to the start of each shift all supervisors and commanders will check the database to ensure that they are informed of any critical incidents. D. All on-coming affected supervisors will be briefed of the incident and forwarded a copy of the Critical Incident Log through the Lotus Notes System. IV. CRITICAL INCIDENT ALERT
A. A Critical Incident Alert (Blackberry Notification) is an immediate internal
notification made through the Department e-mail system to all command staff personnel of a specific situation for the purpose of keeping them aware of developing incidents affecting the department.
B. The Incident Commander or on scene supervisor is responsible for advising the
Communications Center Supervisor of general details pertaining to significant incidents as soon as practical. The Communications Center Supervisor will construct and distribute the message. C. Releasing information quickly after an incident can have unintended consequences. Therefore, all efforts will be taken to ensure that only accurate information is released. 1. The notification will not serve as a press release or be constructed similar to a news story. 2. The Incident Commander or Supervisor has the right to forgo a Critical Incident Alert if he or she believes the incident to be of a sensitive nature and the notifications need to be restricted. Notifications will then be made either in person or by phone. 3. Critical Incident alerts will be made for the following: a. b. c.
d
Serious accidents and police vehicle accidents Tactical Alerts Shootings Commercial Robberies Homicides SWAT or EOD call outs. Emergency road closures Major power outages All Category 1 incidents Updates on developing situations Names of victims Statements made by the victims or suspects Opinions
e. f. g. h.
1.
j. a. b. c.
4. Only general information will be distributed. The following will not be included:
SCMPD GO # OPS-048 Critical Incident Notifreations I Page 3 of 4

d. e.
Any infonnation that would be a HIPPA violation The names of police officers injured Descriptions of weapons or injuries beyond either minor or life threatening. Explicit details that would describe the scene of a suicide or death, timelines, or evidence found at scene All notifications will include the phrase:
Preliminary information- subject to change
f.
g. h.
i.
The name and contact number of the on scene supervisor on commander will be included.
This General Order supersedes all written directives issued prior to 05/25/10, pursuant to Critical Incident Notifications.
BY ORDER OF:
Chief of Police

Chief Willie c. Lovett
August 23, 2013
Officer Frank Reteguiz Savannah-Chatham Metropolitan Police Operations Division I Patrol South I Southside Precinct Savannah, Georgia
Officer Frank Reteguiz Effective August 23, 2013, you are placed on Administrative Leave with pay until further notice from the Internal Affairs Unit. During the time you are on Administrative Leave with pay, you are directed to remain at your residence during duty hours: 8:00 a.m. to 5:00 p.m., Monday through Friday. You are directed not to engage in law enforcement duties or participate in any off-duty employment. Any periods of absence from your residence during your duty hours must be preauthorized, by the Internal Affairs Office, Commander Henry Wiley, or designee. You are not allowed to discuss this case with anyone except members of the Internal Affairs Unit. You are not allowed to enter any SCMPD City/County facility. You are only authorized entry into these facilities under the escort of a member from the Internal Affairs Unit, or their designee. You are to notify the Internal Affairs Unit if anyone attempts to discuss this case with you. Administrative Leave with pay is not an excuse to miss court. If you are scheduled for a court appearance, you MUST attend.
DATE: Officer Frank Reteguiz
8/LJ/J J
DATE: Department Head or Chief Savannah-Chatham Metropolitan Police Department
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Ll C E
Chief Willie c. Lovett
TO: Thru: FROM: DATE: SUBJECT: Officer Frank Reteguiz Chief Willie Lovett captain Henry Wiley /Internal Affairs Commander September 9, 2013 Return to Duty
Officer Frank Reteguiz,

As of September 10, 2013, you are off of Administrative Leave and will be returning to
Southside Precinct. Upon your return, you need to contact captain Dean Fagerstrom, Southside Precinct Commander, for assignment.
9-.L5ll!J
Date
P/1/!:3
Date
Joey Wright
From: Joey Wright Monday, September 09, 2013 2:57 PM Gary Taylor Henry Wiley; Dean Fagerstrom Training for Ofc. Reteguiz
Sent: To: Cc: Subject:
Gary, Due to recent incidents that led to Administrative Investigations, it has been recommended by Dr. Stone & Assoc. that Officer Frank Reteguiz attend Use of Force training. Officer Reteguiz has been taken off of Administrative leave and returned to Pet. 4 on Restricted Duties. Once Ofc. Reteguiz has completed the training, a copy of the training report needs to be sent to Internal Affairs. Thanks.
Sergeant J. Wright Office of Professional Standards 601 E. 66th Street Suite 100 Savannah, Georgia 31405 912-691-6237 wk 912-692-4500 fax
SAVANNAH-CHATHAM
JI/&To JIOJ.JC/&
- - - - - - - - - - - - - - - - - Cl!i<lf Willi C: LOHit
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1 City of Savannah's Responsive Materials to ORA request In re: To Savannah Morning News - Eric Curl
CITY000183ORA
c
Chief Willie C. Lovett
Internal Affairs Case Accountability Log

OPS# 2130710
Relinquished By
Print Name Sgt. J. Wright Date Print Name
Received By
Date
9/19/13
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PC Ll c E
Chief Willie C. Lovett
TO: FROM: REF: DATE:
MAJOR RICHARD ZAPAL CAPTAIN DEAN FAGERSTROM
Cp..
o-t
OPS# 2130710: OFFICERS FRANK RETEGUIZ & DAVID BAKER SEPTEMBER 26, 2012
Commanding Officer Adjudication OPS No. 2130710

Captain Fagerstrom received the completed complaint for adjudication on September 19,1013.
ADJUDICATION Citizen Complaint The complaint investigation, OPS No: 2130710, resulted m three (3) allegations against Department employee: 1. Officer Frank Reteguiz Patrol Division South/Southside Precinct
AND, one (1) allegation against Department employee: 2. Officer David Baker Patrol Division South/Southside Precinct
ALLEGED ALLEGATION(S): 1. SCMPD GO #ADM-004: Oath of Office, Ethics, and Conduct 5. Treatment of Others (Reteguiz) 2. SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting Firearms (Reteguiz) 3. SCMPD GO #OPS-048: Critical Incident Reporting Category I Incident (Reteguiz & Baker)
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RATIONALE:
On July 15, 2013 Mr. Robert Cutter was stopped for a seat belt violation at White Bluff and Holland Drive by Officers David Baker and Frank Reteguiz. Officer Baker was the driver of the marked police vehicle. Officer Reteguiz was seated in the front passenger compartment. Once Mr. Cutter stopped his vehicle both Officers exited their Patrol car. Mr. Cutter immediately exited his vehicle at which time Officer Reteguiz pulled his weapon (low ready), took cover behind Mr. Cutter's trunk and ordered Mr. Cutter back inside his vehicle. Mr. Cutter complied and sat back in his vehicle. Officer Reteguiz approached the driver's side of the vehicle with his weapon drawn, and engaged in conversation with Mr. Cutter. Officer Baker was the secondary (back-up) officer on this traffic stop. Officer Baker did not exhibit his firearm. Both Officers Reteguiz and Baker stated Mr. Cutter was disorderly, upset and/or angry. Mr. Cutter claims that Officer Reteguiz was "having a bad day." Officer Reteguiz returned to his Patrol vehicle to write a traffic citation while Officer Baker talked with Mr. Cutter. After Officer Reteguiz wrote the traffic citation for the seat belt violation, he returned and issued the citation to Mr. Cutter. Mr. Cutter drove off and Officers Baker and Reteguiz resumed Patrol duties. On July 23, 2013 the Office of Professional Standards received a memorandum from Lt. D. Robinson (Chiefs Office) regarding the traffic stop on July 15, 2013 by Officers Baker and Reteguiz. Lt. A. Oliver of the OPS contacted Mr. Cutter, who wanted to file a complaint against the officers.
NOTE: In Lt. D. Robinson's memo she states: "Two individuals were in a 1988 BlvfW bearing Georgia plate PDE4596. Kimberly Cutter and Robert Lee Cutter were occupants of the vehicle." This statement was incorrect Mr. Cutter was the only occupant in the vehicle.
On July 24, 2013 Mr. Cutter was interviewed by the OPS staff. Officers Baker and Reteguiz were later interviewed by OPS staff regarding the complaint made by Mr. Cutter.
RECOMMENDATION:
Based on the investigation conducted by the Office of Professional Standards, I recommend the following findings against Officer Frank Reteguiz: 1. SCMPD GO #ADM-004: Oath of Office, Ethics, and Conduct 5. Treatment of Others- NOT SUSTAINED. 2. SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting Firearms- SUSTAINED. 3. SCMPD GO #OPS-048: Critical Incident Reporting, Category I incidentSUSTAINED. 2
Based on the investigation conducted by the Office of Professional Standards, I recommend the following finding against Officer David Baker:
1. SCMPD GO #OPS-048: Critical Incident Reporting, Category I IncidentSUSTAINED.
PENALTY:
1. Officer Frank Reteguiz: Verbal/Written Counseling and Use of Force Training (OPS has already directed Officer Reteguiz to attend a training review of the incident with SCMPD Training Staff) for allegations 2 & 3. The Use of Force training should be classroom instruction and practical/scenario based exercises.
2. Officer David Baker: Verbal/Written Counseling for allegation 3.
Logic/reasoning behind the Verbal/Written Counseling:

1. Officer Frank Reteguiz:
Officer Frank Reteguiz has NO disciplinary action in his OPS file. Thus, in keeping with the City's policy regarding progressive discipline (HR-019: Verbal Counseling: Verbal counseling should ordinarily be used when previous discussions with the employee fails to solve the petformance or behavior problem. A record of the counseling session should be maintained at the department level), a verbal counseling, which is documented (reduced to written form), is the recommended penalty for Allegations 2 & 3 (SCMPD GO #ADM007: Use of Force B. Drawing or Exhibiting Firearms & SCMPD GO #OPS-048: Critical Incident Reporting, Category I incident). As for Allegation 2 (SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting Firearms), Officer Frank Reteguiz has already been directed by the OPS to attend a training review of the incident with SCMPD Training Staff Discipline is NOT the appropriate action for this policy violation. However, a verbal counseling that is documented, followed by remedial training (classroom instruction and practical/scenario based exercises) regarding the drawing or exhibiting the firearm is the correct approach to ensure that Officer Reteguiz understands the proper procedure in the use of firearms, and to clearly understand the Use afForce policy. If Officer Reteguiz violates this policy again, then the appropriate action would be discipline, followed by another Use of Force training session. From a Use of Force continuum perspective, Officer Reteguiz limits himself in controlling the situation with his weapon drawn, and creates unnecessary concern on the part of Mr. Cutter. This action by Officer Reteguiz could have resulted in an unwarranted or accidental discharge of the firearm. Officer Reteguiz should have kept his weapon in his holster, unless the circumstances surrounding the incident created a reasonable belief there was a substantial risk that the situation may escalate to the point where deadly force may be justified. Based on the OPS investigation, there was NO substantial risk during the traffic stop conducted by Officers Baker and Reteguiz. 3
Although Officer Reteguiz states there was a "perceived threat" by Mr. Cutter's actions, there was NO substantial risk present during the traffic stop. A perceived threat and/or a reasonable belief must be followed by a substantial risk. In this case, Officer Reteguiz may have felt a perceived threat and/or a reasonable belief due to Mr. Cutter's actions, BUT, the substantial risk was not present. In fact, Officer Baker did NOT draw or exhibit his weapon. There are many factors that determine reasonableness and officers must determine the appropriate level of force for each situation and the circumstances surrounding the incident. Those factors may include but are not limited to: The seriousness of the crime or suspected offense; the level of threat or resistance presented by the subject; whether the subject was posing an immediate threat to officers or a danger to the community; the potential for injury to citizens, officers or subjects; the risk or apparent attempt by the subject to escape; the conduct of the subject being confronted (as reasonably perceived by the officer at the time); the time available to an officer to make a decision; the availability of other resources; the training and experience of the officer; the proximity or access of weapons to the subject; officer versus subject factors such as age, size, relative strength, skill level, injury/exhaustion and number officers versus subjects; and, the environmental factors and/or other exigent circumstances. Once the officer determines a reasonable belief, the officer then has to determine if there is a substantial risk that deadly force is needed. In summary, Officer Reteguiz was out-of-policy in drawing/exhibiting his firearm and he failed to holster his weapon after Mr. Cutter was ordered back inside his vehicle.
2. Officer David Baker: Officer David Baker has NO disciplinary action in his OPS file. Thus, in keeping with the City's policy regarding progressive discipline (HR-019: Verbal Counseling: Verbal counseling should ordinarily be used when previous discussions with the employee fails to solve the performance or behavior problem. A record of the counseling session should be maintained at the department level), a verbal counseling, which is documented (reduced to written form), is the recommended penalty.
ADMINISTRATIVE INSIGHT (0PS#213071 0) Officer Frank Reteguiz: Training Issues - None Workplace Issues- None Work/Compliant History Analysis- One complaint but Exonerated. Demotion/Downgraded Consideration - N/A
4
Relief from Duty Consideration- placed on Administrative leave/duties by the OPS. Action Taken- Currently placed on Administrative duties at the Southside Precinct by the OPS. NOTE: Officer Reteguiz came to my office after his training review of the incident with SCMPD Training Staff. I explained to Officer Reteguiz that during the July 15, 2013 traffic stop involving Mr. Cutter, there was NO substantial risk present. I further explained to Officer Reteguiz that he was limited in his options to control the situation when he exhibited his weapon.
Officer David Baker: Training Issues -None Workplace Issues- None Work/Compliant History Analysis -None Demotion/Downgraded Consideration- NIA Relief from Duty Consideration- None Action Taken- None
RESPONSE TO CHARGES/APPEAL: You are entitled to respond to the charges orally or in writing, or both orally and in writing, prior to the imposition of discipline. If you elect to respond in writing, submit your written request to the Office of the Chief of Police, through your Chain of Command, within three (3} business days after your receipt of this notice. If you elect to respond in person, a meeting will be scheduled with the Chief, at which time you will be given an opportunity to respond to the proposed action. Failure to make written or oral response or request will constitute waiver of the right to appeal. No final decision regarding discipline will be reached until you have had an opportunity to respond. If, after following the above procedure, discipline is implemented, you will be served with a Disciplinary Action Report.
ACKNOWLEDGEMENT: "I have read this document; understand the appeal options open to me, and that this memorandum will be retained in my permanent personnel file." Employee Date
Employee Appeal Decision:
5
Captain:
Major:
Chief:
6
Ll c E .............PC ...._______ ...

_
September 26, 2013
Robert Cutter .
Re: OPS # 2130710
Dear Mr. Cutter Since the filing of your complaint on July 23, 2013, a thorough investigation has been conducted concerning the actions of Officer Frank Reteguiz of the Savannah-Chatham Metropolitan Police Department. A record of the complaint and subsequent investigation is now maintained with the Internal Affairs Office of this Department. Information gained during the investigation may be used in planning, training, and updating procedures for department personnel, in an effort to provide better service and protection to our citizens. We acknowledge your concern regarding this matter and appreciate you bringing it to our attention. The Department has benefited by having taken a closer look at the circumstances surrounding this incident. The finding resulting from this investigation was SUSTAINED, which means the investigation supported the conclusion that the employee engaged in the alleged conduct and violated a rule by doing so. Should you wish additional information regarding this complaint, please contact Captain Dean Fagerstrom at telephone number 912-525-3100, ext. 4555, and an appointment will be made for you to discuss this matter.
d<
Sincerely,
J. Brian Dale Case Manager SCMPD Office of Professional Standards
1/13/14
CITY000191ORA
PC Ll c E
P.O. Box 8032 Savannah, Georgia 31412
Robert Cutter
1/13/14
CITY000192ORA
September 30, 2013 Date: __ O_ffi_Ic_e_r_D_a_v_id_B_ak_e_r _ _ _ _ _ _ _ _ _ _ _ Payroll#: _1_1_2_05 _ __ Name: Department: SCMPD-Southside Pet Supervisor: Captain Dean Fagerstrom
Reason for This Action:
SCMPD GO #OPS-048:
OPS# 2130710 - Citizen Complaint.

Critical Incident Reporting, Category I Incident
Allegation is Sustained (see OPS investigative file).
D D D
Follow Up Action
Review Weekly Review Monthly Review Quarterly
Comments or suggested improvements: Review of SCMPD GO# OPS-048.
Next Review Date: Employee Signature: Supervisor Signature:

I
I
This form is for counseling purposes only. Failure to improve will result in progressive disciplinary action.
SCMPD FORM 1067w (06/23)
1/13/14
CITY000193ORA
September 30, 2013 Date: __O_ffi_Ic_e_r_F_rank __R_e_t_,eg""-u_iz _ _ _ _ _ _ _ _ _ _ Payroll#: _1_1_6_0_7_ __ Name: Department: _S_C_MP_D_-S_o_u_th_s_i_de_P_ct _ _ Supervisor: _ _ C_a.J,.p_ta_i_n_D_e_a_n_F_a_....g'-er_s_tr_o_m _ __
Reason for This Action:
OPS# 2130710- Citizen Complaint.
SCMPD GO #ADM-007: Use of Force B. Drawing or Exhibiting Firearms SCMPD GO #OPS-048: Critical Incident Reporting, Category I Incident
Both allegations are Sustained (see OPS investigative file).
0 0 0
Follow Up Action
Review Weekly Review Monthly Review Quarterly
Comments or suggested improvements: Incident Review by the SCMPD Training Unit. Use of Force training, to include but not limited to, Classroom instruction and Practical I Scenario based exercises. Review of SCMPD GO# ADM-007 & GO# OPS-048.
Next Review Date: Employee Signature: Supervisor Signature:
This form is for counseling purposes only. Failure to improve will result in progressive disciplinary action.
SCMPD FORM I067w (06/23)
1/13/14
CITY000194ORA

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CASE NUMBER 2130710

Willie Lovett, CHIEF OF POLICE

Witness Officer Statement(s)

Subject Officer's Statement Subject Officer's History

2130710 July 24, 2013 Robert Cutter

2. INCIDENT DATE: 3. COMPLAINANT:

GO# ADM-007: USE OF FORCE

r-lc-:c-Nc-:c-v=E---=-sT=I::-=G-:-A-=T---=-o-=--R-:,_ I Sgt. J. Wright

([he following interview was recorded with

Mr. Cutter was

ADMINISTRATIVE INVESTIGATION Incident Report OPS NUMBER: EMPLOYEE: DATE: --------------INVESTIGATOR:

Ptl Frank Andrew Reteguiz - Personal Info

Operations Division\Patrol South\Southside Precinct A-1 351-3400 6

Shift: Days Off: Cell Phone: Pager:

C-shift Fri, Sat

Reteguiz Andrew Ptl 0 2

First Name: Surname (Jr, Ill) : Title (Civilian) :

Sworn I Civilian : Sworn Street Direction : EAST Street Type : City:

ZIP: Activity: Birth Date:

057654492 GA 08/23/2016 BRO Hispanic 5'10" College 10/25/2011

BLK Male 218 124

NOTIFICATION OF ADMINISTRATIVE INVESTIGATION

FROM: DATEffiME: RE: 07/29/2013@

OPS CASE# 2130710

7/ 2._?/(_5 z/:;_4 /(J

4rs. /L/53/..,s) 't{" 1.

Captain Henry Wiley, Commander Internal Affairs

Officer Frank Reteguiz Violation Discipline

Lt. Oliver: Ofc. Reteguiz:

Lt. Oliver: Ofc. Reteguiz:

Lt. Oliver: Ofc. Reteguiz:

Lt. Oliver: Ofc. Reteguiz:

Ofc. Reteguiz: Lt. Oliver:

Ofc. Reteguiz: Lt. Oliver:

Ofc. Reteguiz: Lt. Oliver: Ofc. Reteguiz: Lt. Oliver:

Lt. Oliver: Ofc. Reteguiz:

Ofc. Reteguiz: Lt. Oliver:

Lt. Oliver: Ofc. Reteguiz:

Ofc. Reteguiz: Lt. Oliver:

Lt. Oliver: Ofc. Reteguiz:

Ofc. Reteguiz: Lt. Oliver: Ofc. Reteguiz: Lt. Oliver:

Ofc. Reteguiz: Lt. Oliver: Ofc. Reteguiz:

Because he was telling me about that. remember it for court.

I was (inaudible) just to

So why didn't you just write it on your copy?

Major Tolbert: Ofc. Reteguiz:

Ptl David Baker- Personal Info

NOTIFICATION OF ADMINISTRATIVE INVESTIGATION

FROM: DATE/TIME: RE: 07/29/2013@

OPS CASE# 2130710

July 15,2013 @ 4:37pm

Officer Reteguiz was unprofessional while conducting a traffic stop.

Captain Henry Wiley, Commander Internal Affairs

Officer David Baker

Ofc. Baker: Lt. Oliver: Ofc. Baker:

Lt. Oliver: Ofc. Baker:

Lt. Oliver: Ofc. Baker: Lt. Oliver: Ofc. Baker:

I didn't bring it out of my holster or anything.

Lt. Oliver: Ofc. Baker: Lt. Oliver:

Ofc. Baker: Lt. Oliver: Ofc. Baker:

Ofc. Baker: Major Tolbert: Ofc. Baker:

Ofc. Baker: Major Tolbert:

Ofc. Baker: Major Tolbert:

Ofc. Baker: Major Tolbert: Ofc. Baker:

16:46:26 CLEAR I 6:46:26 -CLEAR 16:46:26 CLOSE