 |
Lakewood Police Department Policy and Procedure News Media Relations |
Effective Date: 01/04/2024 | |
| Policy Number: PP-4120 - News Media Relations |
|||
A. Policy
To maintain public confidence, police actions and policy objectives must be disclosed in a full and open manner. The department will disseminate factual accounts of occurrences to the news media, while being cognizant of the public’s right to know and the legal rights of involved individuals. Due consideration will be given to protecting the integrity of the police investigation and the confidentiality of statutorily protected records.
The news media will be kept fully, fairly and accurately informed of all matters within the department’s jurisdiction. This will be done in a timely manner consistent with the needs of law enforcement.
B. Procedure
1. The position of Public Information Officer (PIO) is under the supervision of the Chief of Police. The PIO is a designated spokesperson for police matters.
2. Each incident must be considered in light of its particular circumstances. Generally, the concern is whether the release of information will hamper an investigation, unnecessarily embarrass or jeopardize an innocent person, or promote pretrial prejudice to the extent that a fair trial becomes difficult or impossible. These concerns are weighed against the public's need and right to be informed.
3. When contacted in person by a member of the news media, a member of this department may ask for proper credentials prior to releasing any information or allowing access to any restricted area. In cases where a newsperson requesting information over the telephone is not known to the department employee receiving the call, and the Public Information Officer is not available to take the call, the employee may, if they feel it is necessary, establish the identity of the caller by calling the person at their agency.
4. The following are established guidelines for the release of information to the media before an arrest.
a. A description of the exact offense including a brief summary of events;
b. Location and time of the offense;
c. Injuries sustained or damages resulting from the action. Generally, release of a medical condition is prohibited. The receiving hospital releases medical conditions of victim or suspect;
d. Identity of the victim, except for a sex crime victim, at-risk adult victim or child abuse victim;
e. Whether or not there are suspects;
f. Information about unidentified suspects such as a physical description or vehicle description;
g. Identification of fugitive suspects for whom a warrant has been issued.
h. Criminal background of a fugitive when the public should be alerted to danger; and,
i. Method of complaint (officer observation, citizen, warrant, indictment).
5. The following established guidelines are for information THAT MAY NOT be released before an arrest:
a. Identity of suspects who are interviewed but not charged;
b. Identity of witnesses where such information could subject them to danger or extreme embarrassment;
c. Identity of sex crime victim, at-risk adult victim, or child abuse victim (general information is sufficient: race, sex, age);
d. Exact address of sex offense or child abuse, where such information could lead to the identity of the victim;
e. Exact identifying information about the weapon or other physical evidence;
f. Any information that could be known only to the guilty party;
g. Information about valuable items not stolen;
h. Conjecture about suspects or fugitives or criminal record of person;
i. Confession, or refusal to make a statement;
j. The amount taken in a robbery or burglary;
k. Identity of victims in death investigations until notification of relatives has been made;
l. Misleading or false information;
m. Forensic tests being performed, results of tests or failure or refusal to submit to such tests; and,
n. School records or school information contained in a report.
6. The following are established guidelines for release of information to the news media after an arrest:
a. Time and place of arrest;
b. Defendant’s name, age, residence, usual occupation, marital status, and similar background;
c. The exact charge;
d. Facts and circumstances relating to the arrest such as resistance, pursuit, possession or use of a weapon, description of contraband discovered;
e. Identity of the agency or unit responsible for the arrest, including the name of the arresting officer (undercover operations may require withholding the officer's identity);
f. The name of the arresting officer unless there are unusual circumstances where it is felt the officer would be jeopardized;
g. Duration of the investigations; Pretrial release or detention arrangements (including amount of bond, location of detention); and,
h. Scheduled dates for various stages in the judicial process;
5. The following established guidelines are for information that MAY NOT be released to the media after an arrest;
a. Name of defendant’s employer;
b. Comments about the character or reputation of the defendant;
c. Names of juvenile defendants, except in the following instances:
(1) When the juvenile is being charged as an adult.
(2) When the juvenile is charged with misdemeanor traffic code violations.
(3) When the juvenile has been charged by the district attorney’s office with a class 1, 2, 3, or 4 felony, or a weapons crime.
d. Prior criminal record of defendant (Records Section may release Lakewood Police
contacts on request of news media in accordance with state statutes) NCIC and CCIC information is not to be released;
e. Information about the existence or content of a confession, admission, or
statement by the accused;
f. The refusal of an accused to make a statement;
g. The refusal of an accused to submit to tests or examinations;
h. Results of any examination or test;
i. Description or results of laboratory examination of physical evidence;
j. Reenactment of the crime;
k. Revelation that the defendant directed investigators to the location of a weapon, contraband, or other evidence;
l. Any remarks about the assumed guilt or innocence of the defendant;
m. Comments about the credibility of testimony;
n. If the information for the arrest was derived from an informant;
o. Information or records obtained from DMV; and,
p. School records or school information contained in report.
C. Rule
1. Any employee releasing information listed as "non-release" items is to report the nature of the release to the Public Information Officer as soon as possible.
2. Department personnel should not act to prevent the lawful efforts of the news media to photograph, tape, record and televise adult subjects in a public place, i.e. while seated in a police car, being escorted through the lobby, etc. and/or a sealed crime scene from outside the sealed perimeter. The news media shall not be allowed to photograph subjects in custody within areas of department buildings off limits to the public at large.
3. “Mug Photos” of adult arrestees are available to the news media after an arrest, at the discretion of the lead detective, or a supervisor. Releasing photographs of subjects who are juveniles charged as adults is at the discretion of the prosecuting attorney having jurisdiction over the case.
4. News media persons shall not be allowed access to private property unless granted permission by the property owner, his agent, or other person in charge of the premises.
5. Members of the news media shall not be allowed to accompany police agents onto private property during the execution of an arrest or search warrant.
6. Members of the news media shall not be allowed access to any area wherein there lies the possibility that evidence may be damaged, destroyed, or altered until such time that such evidence has been photographed and processed by the appropriate department personnel, and the evidence has been removed or secured.
7. Members of the news media shall not be allowed access to any area whereby such access would obviously disrupt tactical police plans or operations, or would jeopardize the life of or present the substantial possibility of injury to any department personnel or citizen other than the member of the news media themselves.