Transporting of Detainees

Policy & Procedures                 No. 3.01
                                  Subject:
                 Transporting of Detainees
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                       10/01/2009   04/26/2023
                                                                                 References:

 Review
 Revision   12/20/2014
 Reissued   12/06/2016
 Dates:     12/10/2017
            04/26/2019

CALEA STANDARDS
41.3.3; 70.1.1; 70.1.2; 70.1.3; 70.1.4; 70.1.5; 70.1.6; 70.1.7; 70.2.1; 70.3.1;
70.3.2; 70.4.1; 70.4.2; 70.5.1; 72.4.1; 72.4.10; 72.5.1; 72.5.5

ACTION ITEM: CONDUCT-01 Task 2

I. GENERAL CONSIDERATIONS AND GUIDELINES
   The proper transporting and handling of detainees is essential to ensure the
   safety of both officers and detainees. A person who faces the loss of freedom
  may become desperate and dangerous. Detainees may be ready to attack
  and flee at any time the opportunity presents itself.

   Escape is not only embarrassing but may also create a serious danger to the
  community or to other police officers before the detainee is recaptured. At
    all times, an officer should expect the unexpected. [S]he should not be
   "lulled" by the apparent cooperation of the detainee. Every reasonable
   precaution should be taken to be prepared to handle sudden dangerous
    activity. The purpose of the procedures outlined below is to assist an officer
   in avoiding such problems.

   The transportation of detainees by law enforcement officers is a frequent
   requirement. Detainees are transported under many circumstances, such
   as transport by the arresting officer immediately after arrest; transfer to or
   from other agencies or holding facilities; movement of detainees from
   holding facilities to medical treatment centers; and transfer to court. The
   adherence to proper procedures for handling and transporting detainees is
   essential to ensure both the rights of the detainee and the safety of the
   transporting officer(s), the detainee(s), and the general public. Adherence to
   proper procedures will also minimize the possibilities of injury, escape, or
   accusations of mistreatment.

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II. POLICY
    It is the policy of the Canton Police Department that:

   A. Arresting officers, in handling and transporting detainees, will use only
     such force as is reasonable and necessary to control the detainee and to
     ensure the safety of the officers. Any law enforcement officer who
     commits an indecent assault and battery on a person in their custody or
      control will be charged under G.L. c. 265, §§ 13H½. CONDUCT-01 Task
      2; Action Item 17
     and
   B. Arresting and transporting officers shall take all appropriate measures to
     ensure the preservation of the rights and safety of detainees and to
      prevent their escape.

III. PROCEDURE
    A. Transport Vehicles
      1. TYPES OF VEHICLES: The following vehicles may be used to
         transport detainees, listed in order of preference:
             a. Caged two-person cruiser;
            b. Caged one-person cruiser;
             c.  Transport van
            d. Uncaged vehicle.
       NOTE: A vehicle without a barrier shall be used only if there is no
        caged cruiser or transport van available.

      2. SAFETY MODIFICATIONS
             a.  All department vehicles normally used to transport detainees shall
           have a safety barrier to protect the front occupants; 70.4.1
            b.  All vehicles used for transporting detainees shall be modified
            (metal plates -factory installed- over rear window buttons and door
            handles) to minimize opportunities for the detainee to exit from the
            rear compartment of the vehicle without the aid of a transporting
               officer. For older vehicles not yet cycled out of the fleet, this will
            include the fleet maintenance officer turning on the child safety
            locks or when possible, removing the interior latch mechanism.
          The Transporting Officer must manually lock the rear passenger
          window by using the front control panel and ensure the child
             safety lock is engaged. 70.4.2

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3. TRANSPORT VEHICLE SEARCHES 70.1.2 (A,B,C)
       a.  All vehicles normally used for transporting detainees shall be
       checked for operational suitability, and searched for weapons and
       contraband at the beginning of each shift. (A)
      b. Before placing a detainee in a police vehicle, the vehicle shall be
       searched to ensure that there are no articles present that can be
      used as weapons. This will also ensure that items subsequently
       found (e.g., contraband, evidence, etc.) can be more easily
        attributed to the detainee. (B)
       c.  At the completion of all detainee transports, the officers assigned
        to the vehicle will conduct a search of the area within the vehicle
      where the detainee was located for evidence and/or contraband
        that may have been discarded by the detainee. (C)
B. Detainees
  1. DETAINEE SEARCHES 70.1.1
       a.  All detainees shall be thoroughly searched immediately prior to
       being transported. 70.1.1; 72.5.1 A UNLESS the officer can
      document that the safety of the officer, the detainee, or the general
       public would be in danger if the detainee was searched at the
       scene. 70.5.1 A
      b. Whenever an officer takes custody of a detainee to transport, the
         officer should never assume that the detainee has already been
       searched. The officer shall conduct a thorough search of the
       detainee himself/herself, provided the officer is of the same sex.
       c.  If the detainee is of the opposite sex of the transporting officer:
        1) An officer or trained police employee of the same sex may
          search the detainee.
        2)  If such officer or employee is not available, an officer of the
          opposite sex may conduct the search if there is reason to believe
          the detainee is armed with an item with which [s]he could cause
        harm to himself/herself or the officer.
        3) The officer should conduct this search in the presence of
          another officer or a reasonable adult witness to minimize any
          accusation of misconduct.
      d. Juvenile detainees shall be processed in the same manner as adult
       detainees with regard to searches; however, consideration shall be
       given to the age and sensitivity of the juvenile detainee.

  2. DETAINEE RESTRAINING DEVICES 70.2.1 (1)
       a.  All detainees shall be handcuffed prior to being placed into the
       transport vehicle. Officers may use:

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1) Metal handcuffs, or
       2) “Flex Cuffs.”
     b. Detainees shall be handcuffed with their hands behind their back,
      palms facing outward unless there are exigent circumstances (such
      as an injury, etc.). 70.2.1 (2)
     c. Handcuffs shall be double locked. Handcuffs shall be placed on
      the skin above the wrists, securely, but not so tightly as to affect
       circulation. Handcuffs shall not be placed over sleeves or clothing.
      70.2.1 (2)
     d. At no time will a detainee be handcuffed to any part of the
       transport vehicle during transport.
     e. Leg restraints may be used in addition to handcuffs when the
        officer believes the detainee has a potential for violent behavior or
        flight; leg restraints may be used in lieu of handcuffs due to injury
       or disability. 70.2.1 (2)
      f.  Officers shall not transport detainees who are restrained in a prone
       position.
     g.  Officers should be aware of the issue of positional asphyxia when
       placing restrained detainees into a vehicle.
     h.  Officers may transport without handcuffs provided there are
      extenuating circumstances (e.g., elderly, very young juvenile,
      handicapped, injured). 70.2.1 (3)
 3. MULTIPLE DETAINEES 70.2.1 (1)
     a. Whenever several similar suspects (adult males, juvenile males,
        etc.) who have been arrested as participants in the same criminal
        activity are to be transported:
       1) They should be handcuffed in the standard way.
       2) Their arms may be interlocked and their hands handcuffed
         behind their backs, palms facing outward. 70.2.1 (2)
       3) The detainees may be cuffed together by handcuffing the right
          wrist of suspect #1 to the right wrist of suspect #2. The left
          wrist of suspect #2 would then be handcuffed to the left wrist of
         suspect #3.  If there are four or more suspects, they should be
         handcuffed in groups of two or three. 70.2.1 (2)
     b. Male and female detainees shall not be transported together to or
      from court.
 4. SEATING IN POLICE PATROL VEHICLES
    a. Officers shall ensure that detainees being transported are visually
      observable at all times.
    b. Detainee Transport with Two Officers, Caged Vehicle 41.3.3

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1) The detainee(s) will be seated in the rear seat. Both officers will
         be seated in the front seat. 70.1.3
       2) The officer in the passenger position will maintain visual
         contact with the detainee(s).
       3) Safety belts with a shoulder harness shall be used if available.
         41.3.3 (4)
    c. Detainee Transport with Single Officer, Caged Vehicle: 41.3.3;
      70.1.3
          If the transporting officer cannot be provided with a backup and
     must transport the detainee alone. Presently the standard
       operating procedure of the Canton Police Department is to assign
      one officer to a cruiser. Under normal circumstances the detainee
        will be transported by one officer. Only one detainee allowed in the
       cruiser when only one officer is transporting. That officer will follow
       this procedure:
       1) Handcuff the detainee with his/her hands behind his/her back,
        palms facing outward;
       2) The detainee will be seated in the right rear seat; 70.1.3 and
       3) Safety belts with a shoulder harness shall be used if available.
         41.3.3 (4)
    d. Detainee Transport in Uncaged Vehicle: When transporting a
       detainee in an unmarked vehicle or cruiser without a cage: 70.1.3
       1) Only one detainee at a time will be transported;
       2) The detainee shall be placed in the front seat, passenger side;
       3)  If there is a second officer available, [s]he will ride in the front
          seat with the operator and the detainee will be placed in the
          rear seat behind the passenger; and
       4) Safety belts with a shoulder harness shall be used if available.
         41.3.3 (4)
     NOTE:  This type of transport should only be made in situations
      where no other caged transport vehicle is available and the offense
        is minor in nature and the detainee is cooperative.
    e. Detainee Transport in Transport Van: 70.1.3 – CPD no longer has
      a transport van 2/2022
       1) The detainee shall be placed in the rear compartment of the
         van.
       2) Safety belts shall be used. 41.3.3 (4)
       3)  If a second officer is available, this officer will sit in the front
         passenger side of the van and maintain visual contact with the
          detainee.

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4) The dash camera should be turned on before transport begins
            in order to maintain visual contact with the detainee. 41.1.3
C. Transport to Booking Facility
   1. GENERALLY: An officer shall not attempt to transport more persons
     than [s]he can safely control.
   2. FEMALES AND JUVENILES: Whenever possible, male and female
      detainees and juvenile detainees will be transported separately from
     each other.
   3. ESCORTING DETAINEES TO TRANSPORT VEHICLE: A time of
      potential danger to the officers and detainee is when the detainee is
      being escorted to the transporting vehicle. To help reduce the danger,
       officers should keep the detainee isolated from other persons in the
      area when going to the transport vehicle and during the transport.
   4. COMMUNICATING WITH DISPATCH: Immediately upon commencing
      the transport, the officer shall communicate the following information
      to the dispatcher:
       a. The number and sex of arrestees, and whether the arrestee(s) are
          juveniles;
      b. The reason for the arrest;
       c. The present location and the vehicle’s odometer reading; and
      d. The destination.
       e.  If the detainee poses any medical risks, suicide risks or any
         security risks. 70.1.6 (2D,E,F)
   5. TRANSPORT ROUTE
       a. A detainee in custody shall be transported directly to the station,
        using an expedient route from the scene of custody to the booking
           facility.
      b. All traffic regulations shall be observed, unless an emergency
          exists.
       c. When utilizing the detainee transport van, the transporting
           officer(s) may travel to another location for the purposes of
          retrieving additional arrestees that must be transported. This
       must be relayed to dispatch.
   6. COMMUNICATION WITH DETAINEE DURING TRANSPORT 70.1.5
       a. Because an arrestee in a police vehicle is in custody, no
         questioning of the arrestee shall be initiated by officers unless and
          until the arrestee has been fully advised of the Miranda Warnings
       and has knowingly and intelligently waived those rights.
      b. Unless a situation exists that makes a verbal exchange necessary,
        such as expressing a medical need or necessary care of a child,

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transporting officers should not allow detainees to communicate
        with other persons while being transported.
       c.  If a citizen, including the detainee’s attorney, requests to speak
        with a detainee, the officer should advise that person of the
         destination of the detainee transport.

   7. ARRIVAL AT BOOKING FACILITY – At their initial or first transport
      destination from the point of arrest.
       a. Upon arrival at the booking facility, notify the dispatcher of the
        time of arrival and the vehicle’s odometer reading. The dispatcher
           will open the appropriate sally-port door and lower it once the
         cruiser has safely entered.
      b. Upon arrival at the police facility, transporting officer(s) shall
        secure their weapons in the appropriate container if they are to be
         part of the booking process. 70.1.6 (2A); 72.4.1
       c. Booking will be accomplished according to the department policy
       on Arrest Booking.
      d. Restraining devices are to be removed when directed to do so by
         the Shift Supervisor handling the booking. Typically, this will be
        done after the booking is complete. 70.1.6 (2B)

D. Transport of Detainee to Another Facility 70.1.6; 70.5.1
   1. PREPARING DETAINEE FOR TRANSPORTATION: When a detainee is
      to be transported from the holding facility to another holding facility
      or to court, the officers involved will comply with the following
      procedures:
       a. Detainee Identity: Verify through the Shift Supervisor which
         detainee is to be transported.
      b. Positively Identify the Detainee Prior to Transport: The transporting
           officer shall positively identify that the detainee to be transported
            is, in fact, the correct detainee. Positive identification may be
         ascertained from another employee, or by checking the
          identification of the detainee against the description, booking
         photo, cell number, and booking photo, etc. 70.5.1 (2AI.)
       c. Destination: Verify the destination of the detainee transport.

   2. HEALTH SCREENING: Before transfer to another facility, the detainee
      shall be screened by the officer preparing the detainee for transport.
      This screening shall consist a brief inquiry into:
       a. The current health of the detainee;
      b. Any medications being taken;

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c. Behavioral observations, including consciousness and mental
       status; (also see Suicide Risk Screening in this department’s policy
      on Detainee Processing); and 70.1.6 (2F)
    d. A notation of any obvious body deformities, trauma markings,
       bruises, lesions, jaundice, ease of movement, etc.
       Note: All observations shall be noted on the intake form.

 3. VIOLENT/ESCAPIST DETAINEES:  If a detainee to be transported to
    court or another custody facility has been or is extremely violent or is
   an escape risk, the officer-in-charge will make this fact known to the
    receiving agency prior to the detainee’s being transported, so that the
    receiving agency is prepared to accept the detainee. These facts
   should be noted in the officer’s report, on the booking sheet and
    recorded in the log. 70.1.6 (2E); 70.5.1(C I. II.)
 4. SUICIDAL DETAINEES:  If the detainee is, was in the past, or is felt to
   be a suicide risk, the receiving agency will be advised in writing of the
    exact nature of the threat or attempt and the appropriate CJIS entry
    will be made in accordance with M.G.L. c. 40, §36A. 70.5.1 (C II.)
 5. DOCUMENTATION: The transporting officer shall ensure that the
   proper documentation, as appropriate, accompanies the detainee.
   70.5.1 (2B,C IV.); 70.1.6 (2C,D)
    a. Court [If court paperwork is not transported separately from the
       detainee]:
       1) Police report, including notation if person is extremely violent or
            is a flight risk;
       2) Statement of Facts form;
       3) Application for complaint or criminal citation;
       4) Served arrest warrants; and
       5) Suicide risk evaluation, if appropriate. 70.1.6 (2F)
    b. Juvenile holding facility:
       1) Booking sheet; including notation if person is extremely violent
          or is a flight risk;
       2) Suicide risk evaluation; 70.1.6 (2F) and
       3) Mental health evaluation: Application for mental health
          evaluation if issued.
    c. Another police agency:
       1) Booking sheet, including notation if person is extremely violent
          or is a flight risk;
       2) Served arrest warrants; and
       3) Suicide risk evaluation.

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d. Property:
       1) Transfer the detainee's property to the custody facility or court,
         provided that the court will accept the property.
       2) Any property not accepted by the receiving facility shall be
         turned over to the property officer to be held for safe keeping.

 6. UPON ARRIVAL AT ANOTHER FACILITY: Upon arrival at the custody
     facility or court, the officers will:
    a. Advise the dispatcher of their location and the vehicle’s odometer
      reading at the beginning and end of the transport; 70.1.6 (2G)
    b. Secure firearms at the accepting facility in accordance with the
      procedures of the receiving agency; 70.1.6 (2A); 72.4.1
    c. Escort the detainee into the facility and deliver all necessary
      documentation and personal property to the receiving officer;
      70.1.6. (2C)
    d. Maintain control of the detainee until relieved by the receiving
      agency;
    e. Advise the receiving agency personnel verbally and in writing of
      any potential escape, medical issues, disease, suicide risk,
       infectious disease, open wounds, sores, vermin or security risks.
      This written notification may either be a form required by the
       receiving agency or the Canton Police Department’s Detainee
       Transfer Form. A copy of this form shall be placed in records as a
       part of the arrest report. 70.1.6 (2D,E,F); 70.5.1 (2C I.-IV.)
      f. Remove restraining devices only if directed to do so by the receiving
      agency; and 70.1.6 (2B)
    g. Obtain the name and signature of the receiving agency official if
       possible. 70.1.6 (2G)

 7. TRANSPORT OF DETAINEE FROM ANOTHER AGENCY’S CUSTODY:
   72.5.5
   When transporting a detainee from another facility to the
   department's holding facility (e.g., picking up a detainee arrested on a
   warrant by another agency), the transporting employees will:
    a. Upon arrival at the holding agency, notify the dispatcher;
    b. Secure their firearms in accordance with the procedures of that
      agency; 70.1.6 (2A); 72.4.1
    c. Verify the identity of the detainee through the officer-in-charge or
      designee of the releasing agency. Also, by checking any description

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of the detainee contained on the warrant or other documents in
         addition to utilizing information recorded in reports and picture
          identification if available; 70.5.1 (2A); 72.5.5
      d. Ensure that all required paper work is properly signed and
        executed and accompanies the detainee. This paperwork includes
        but is not limited to; any specific forms required by the releasing
         agency, warrants, complaints, incident/arrest reports, and
        documentation regarding any escape, medical, mental, suicidal or
        unusual security risk information; 70.1.6 (2C,D,E,F); 70.5.1 (2B,
        C)
       e. Obtain the detainee’s property;
         f.  Prepare the detainee for transport according to department
         procedure: 70.1.6 (1)
          1) Search,
          2) Restraints,
          3) Seating in the transport vehicle;
       g. Notify the dispatcher when they are beginning their return
         transport, and give the vehicle’s odometer reading at the beginning
       and end of the transport; 70.1.6 (2G) and
      h. Transport the detainee directly to the department's holding facility.

E. Detainees Received by an Outside Agency 72.5.5
       a.  If detainees are received from an outside agency, positive
          identification is to be made of the officer presenting the detainee
          for detention, including verification of the officer’s authority to
       make the commitment. This can be accomplished by the Shift
         Supervisor viewing the officer’s police identification card and badge
        as well as calling the Commanding Officer of the outside agency to
          verify what is necessary. 70.5.1 (2A)

      b. A log entry will be made into IMC b the Shift Supervisor verifying
         the positive identification.

F. Special Transport Situations
   1. TRANSPORTING DETAINEES OF THE OPPOSITE SEX
       a. When transporting a detainee of one sex by an officer of the
         opposite sex, an additional officer may be requested to accompany
         the transport whenever practical.
      b. Whenever one or two officers transport a detainee of the opposite
         sex, the following procedures will apply:

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1) The transporting officers will call in the mileage on their patrol
          vehicle and their location. The dispatcher will make an entry
          into the log.
       2) The transporting officers will proceed directly to their
          destination using the shortest practical route.
       3) Upon arrival at the destination of the transport, the
          transporting officers will call in the ending mileage on their
          patrol vehicle. This information will be noted by the dispatcher
          in the log.
 2. SICK, INJURED, OR HANDICAPPED/DISABLED DETAINEES 70.3.1
    (1A,B,C); 70.3.2 (1)
    a.  If medical care is necessary:
       1) The officers shall arrange for Emergency Medical Technicians to
        come to the scene and evaluate the detainee’s medical needs.
       2) The detainee will either be transported by ambulance to a
          hospital or be treated and released to the officers’ custody.
         70.3.1 (2A)
    b.  If hospital care is necessary:
       1) An officer may, at the discretion of a supervisor, or at the
         request of medical personnel, accompany the detainee in the
        ambulance. This is the preferred option. 70.3.1 (2A); 70.3.2(1)
       2)  If an officer does not ride in the ambulance, the officer shall
          follow the ambulance to the hospital.
       3) Handcuffing of Sick, Injured, or Handicapped/Disabled
         Detainees
           a) When handcuffs are used, they should be used in a manner
            so as not to further aggravate the handicap or injury.  If
           Emergency Medical Technicians are present, handcuffs
           should be applied as suggested by them. 70.2.1 (3)
           b) Leg shackles may be used when handcuffs are not
             appropriate.
       4) Upon arrival at the hospital, the officer shall meet the
        ambulance and accompany the detainee through triage. 70.3.2
         (2A,B)
       5) The detainee shall remain in custody (in restraints) and in the
         presence of the officer (unless emergency circumstances prevent
               it) until his/her release from the treating facility and/or release
         from custody (such as bail). 70.3.2 (2A,B)(3A)
    c. For further information, see the department policy on Handling
       Injuries/Illnesses Policy.

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3. TRANSPORTING HANDICAPPED/DISABLED DETAINEES 70.3.1
    a. Officers will make reasonable accommodations when transporting
      handicapped detainees.
    b. When it is necessary to lift a wheelchair or bed-ridden detainee,
      two or more persons shall be used. Assistance from the Canton
       Fire Department may be warranted.
    c. A non-emergency ambulance may be used if appropriate.
    d. Any wheelchairs, crutches, prosthetic devices, and medication
      should be transported with, but not in the possession of, the
       detainee.
 4. TRANSPORTING EMOTIONALLY/MENTALLY DISTURBED
   DETAINEES: 70.3.1
   Emotionally/Mentally disturbed detainees may pose a significant
    threat to themselves and/or the transporting officers.  If required,
   handcuffs should be used until a more appropriate restraining device
   can be applied.
 5. LONG DISTANCE TRANSPORTATION  70.1.4 (1)
    a. Two officers shall be used in any long-distance transport of a
       detainee of over 15 miles. There should be at least one officer or
       police employee of the same sex as the detainee being transported.
    b. The use of optional restraints should be considered, such as:
       1) Waist chains, or
       2) Leg shackles.
    c. Visual Contact: Transporting employees should maintain visual
       contact with the detainee at all times.
    d. Use of Toilet Facilities: The officers shall contact the nearest
       available police department to make arrangements for the use of
       their facilities.
    e. Food:  If transporting officers must provide food for detainees
      during transport:
       1) Fast food may be provided and consumed in the transportation
           vehicle.
       2) The officer may contact a police facility to make arrangements
           for the detainee to be placed in a cell and fed.
 6. INTERRUPTION OF TRANSORT 70.1.4 (2)
    a. The primary duty of the transporting officers is the safe delivery of
       detainees in their care to the proper destination.
    b. While transporting a detainee, the transporting officers will stop to
       provide police services only in the following circumstances and

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only if this activity can be accomplished without serious risk of
         injury to the detainee or escape of the detainee:
          1) Where immediate response is required to prevent severe bodily
            injury or death to an individual;
          2) Where serious injury has occurred requiring immediate
             attention; and
          3) Where a serious or violent crime is in progress and/or a
            criminal is fleeing and immediate apprehension is required to
           ensure public safety.
   7. SPECIAL SITUATIONS
       a. Officers shall not transport detainees to visit critically ill persons,
          to attend funerals or other such special situations.
      b. Where circumstances warrant, an officer should explain bail
        procedures to a detainee or his/her family and assist in having the
         detainee's request for bail addressed promptly. 70.3.3
G. Detainee Escape
   1. TRANSPORTING OFFICERS
       a.  If a detainee escapes during arrest, transportation, or booking, the
          officers will notify the dispatcher giving as much information as
         possible, including the following: 70.1.7 C; 72.4.10
          1) Detainee's name, if known;
          2) Description, including clothing;
          3) Area where escape occurred;
          4) Direction of flight;
          5) Probable destination, if known; and
          6) Any other pertinent information available.
      b. Begin an area search and attempt to regain custody of the
         detainee.
       c. The officer from whose custody the detainee escaped shall submit
        a written report, before the end of the shift, detailing the events
         leading to the escape to the supervisor. 70.1.7 B
   2. DISPATCHER 70.1.7 A; 72.4.10
       a. The dispatcher will immediately notify the officer-in-charge of the
         detainee escape, and [s]he will deploy additional officers as
         necessary.
      b. The dispatcher shall call additional resources at the request of the
         supervisor:
          1) Canine Teams;
          2) State Police Air Wing; and

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3) Other law enforcement agencies.
 3. OFFICER-IN-CHARGE: The officer-in-charge will notify a Deputy Chief
   and the Chief as soon as possible. The OIC will submit a written
    report concerning the events leading to the escape, the actions taken
    to regain custody, and any recommendation concerning possible
    corrective measures or department disciplinary proceedings. 70.1.7
    B; 72.4.10
 4. DEPARTMENT COMMAND STAFF: Review reports and take actions to
    prevent any recurrence. 70.1.7C; 72.4.10

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