STAKEOUTS Model Policy Effective Date February 1992 Number Subject Stakeouts Reference Special Instructions Distribution Reevaluation Date No. Pages I. PURPOSE The purpose of this policy to provide guidelines for conducting stakeouts of businesses that will maximize enforcement effectiveness in the safest possible manner. II. POLICY Stakeouts are an important department activity used in anticipation of enforcement actions against criminal suspects who are possibly armed. Because these assignments are inherently dangerous, officers assigned to these duties shall follow department policy and procedures designed to ensure operational effectiveness. If enforcement action is taken, it should be done so as to minimize potential harm to both civilians and officers. III. DEFINITION Stakeout: The tactical deployment of law enforcement officers in anticipation of the commission of a crime at a specific location or the apprehension of a fugitive. IV. PROCEDURES A. Preparation 1. Officers assigned to stakeout duty shall review this department's policy and procedures for conducting these operations and the department's use-of-force policy. 2. The officer in charge (OIC) and/or the detail supervisor of the stakeout shall "advance" the designated location to a. interview appropriate parties to ascertain their level of cooperation, to inform them of the nature of the operation and their individual responsibilities related to deportment and safety, and impress upon them the importance of keeping the operation strictly confidential; b. survey the establishment to determine manpower, equipment and logistical requirements and prepare a floor plan for the tactical briefing; and c. prepare a tactical plan. 3. Prior to deployment, the detail supervisor shall assemble the stakeout team for a detailed briefing of the tactical plan of operation, to include a. all available intelligence on the suspects, their MOs, photographs or composites, armament used and potential for violence, tactics and routines, use of drugs, method of approach and escape, and other relevant information; b. a detailed assessment of the stakeout location as developed by the advance team, to include all entry and exit locations, work stations, positions of cover and surveillance and information on building construction and other matters relating to unsafe fields of fire; c. weapons and other equipment needs and requirements to include the mandatory use of soft body armor and the use of videotape to record the operation whenever possible; d. individual and team assignments and responsibilities, for inside and outside personnel and manpower rotation and relief procedures; and e. review of contingency plans in cases relating to the use of force, injury of officers or civilians, taking of hostages, barricaded suspects, threatened use of explosives or other unexpected events, as well as potential logistical problems such as communication or vehicle failure. B. Deployment 1. Stakeouts will normally consist of an inside and outside team. Enforcement action should not be initiated by the inside team unless circumstances dictate such action for the safety of officers or others, or the tactical plan has designated such action. The inside team shall be used primarily to relay information to the outside team for purposes of arrest. 2. The inside team shall be responsible for final briefings of the establishment's employees, instructing them in the actions they should take in the event of an armed encounter and informing them that they are not to initiate any enforcement actions on their own. 3. Stakeout teams are designated for enforcement actions only with regard to the tactical plan and shall not be used to enforce less serious infractions such as shoplifting while on assignment. Such infractions shall be handled on a routine basis by uniform officers. 4. Uniform officers on patrol in the immediate vicinity of a stakeout shall be informed of the operation just prior to beginning their shift. 5. Inside team officers who are not in concealed positions shall assume roles and attire similar to that of others in the establishment. Outside team members shall observe good surveillance and concealment tactics at all times and maintain positions that provide easy and rapid access to the establishment. 6. In order to conceal their identity and equipment, officers shall exercise particular caution when entering and exiting stakeout locations. Officers shall not enter or leave as a group. 7. Weapons shall be readily available to team members at all times but shall not be hidden next to cash registers or in other common hiding places. All weapons shall be maintained in a ready condition. 8. Stakeout officers should be assigned a dedicated radio channel for purposes of the operation and radios should be equipped with earplugs for security purposes. 9. Outside stakeout officers shall be alert to the following types of situations and keep inside officers informed of the following suspicious persons or events: a. Persons loitering around the premises b. Automobiles that drive by the establishment slowly and frequently c. Persons wearing inappropriate, out-of-season clothing such as overcoats, raincoats and ski caps d. Suspicious persons carrying shopping bags, duffle bags or coats 10. Uniformed officers shall be summoned as soon as possible following a crime. All plainclothes officers at the scene shall ensure that they are properly and easily identifiable as law enforcement officers to responding officers. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies, and the impact of varied agency resource capabilities among other factors.