DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.5003
 Previous Revision:
June 2021		  Current Revision:
November 2021		  Reviewed:
June 2021		  Effective Date:
November 8th, 2021
Related Standards:
CALEA: 1.2.1; 1.2.3; 1.2.4; 1.2.5; 1.2.9; 41.2.2; 41.2.3; 41.2.5; 42.2.1; 42.2.2; 44.2.1; 44.2.2; 61.4.1;  61.4.2; 73.1.1; 82.2.3; 
82.3.4  
Case Law: Miranda v. Arizona
Colorado Constitution, Article 5, Section 16, Privileges of Members
Colorado Revised Statutes (C.R.S.): §§ 16-2.5-103; 16-3-102; 16-3-103; 24-31-309(3.5)
Denver Municipal Code: Article II, Part 6, Sections 2.6.1, 2.6.4 
United States Constitution: Amendment V
Related (referenced) Department Orders:
1.00.2010; 1.00.2015; 1.00.2022; 1.00.3001; 1.00.3013
 Subject:
EXERCISE OF AUTHORITY AS A PEACE OFFICER TO STOP OR ARREST SUSPECTS

  1. Purpose: 
    1. The Denver Sheriff Department ("DSD" or the "Department") Sheriff and deputy sheriffs are peace officers under the laws of the State of Colorado and have powers and duties as approved by the Executive Director of Safety. The purpose of this order is to formalize certain practices in existence and to prescribe clarifying written policy and guidelines for the Sheriff and deputy sheriffs in exercising their authority as peace officers to stop or arrest persons suspected of violating any federal, state, or local laws as approved by the Executive Director of Safety.
  2. Policy: 
    1. It is the policy of the DSD that when the Sheriff and deputy sheriffs exercise their authority as peace officers to stop suspects or effect arrests, they do so in compliance with relevant federal, state, and local laws, as well as in compliance with Department orders, rules, regulations, policies, procedures, directives, and the DSD Employee Manual. 
    2. This order shall apply to all commissioned officers of the DSD.
  3. Cancellation: 
    1. This order supersedes and cancels previous versions of Department Order 1.00.5003 - Exercise of Authority as a Peace Officer to Stop or Arrest Suspects.  
  4. Explanation: 
    1. It is recognized that the Sheriff and deputy sheriffs are often involved in situations requiring them to exercise their authority as peace officers to stop or arrest suspects. It is further recognized that it is in the public interest for the Sheriff and deputy sheriffs to exercise their authority as peace officers to stop or arrest suspects in other situations when specifically authorized by the Executive Director of Safety.
  5. Definitions: 
    1. "Authorized Secondary Employment" refers to off-duty employment authorized by the DSD in accordance with all Department policies and procedures related to secondary employment.
    2. "Bias-Based Profiling" refers to the selection of an individual based solely on a trait common to a group for enforcement action. This includes, but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.
    3. "Conduct" means contacts wherein a DSD deputy is authorized to act pursuant to the arrest powers conferred upon them by the DSD.
    4. "Contact" means the same as defined in Department Order 1.00.3001 - Body-Worn Cameras.   
    5. "Criminal Conduct" means federal and state felonies and misdemeanors such as driving under the influence (DUI) and driving while impaired (DWI), as well as violations of local ordinances (other than traffic infractions or other administrative citations).
    6. "Criminal Justice System Employees" refers to sworn and civilian employees of police and sheriff departments, as well as parole officers and all employees of a district attorney’s office.
    7. "Exigent Circumstances" refers to a situation involving a substantial risk of death or serious bodily injury to another requiring immediate action as reasonably necessary to prevent or mitigate such risk.
    8. "Interrogation" refers to the words or actions by the Sheriff or deputy sheriff which are likely to elicit an incriminating response, including a confession. 
    9. "Local Law Enforcement Agency" refers to the Denver Police Department (DPD) located within the City and County of Denver. Outside the City and County of Denver, the local law enforcement agency means the agency responsible for general law enforcement in that jurisdiction.
    10. "Miranda Rights (rule)" refers to a term for the warnings given by law enforcement to criminal suspects in custody before they are questioned. See Miranda v. Arizona.
    11. "Off-Duty" means not working a regularly scheduled shift, overtime or special event which is authorized by the DSD.
    12. "On-Duty" refers to regularly scheduled shifts, overtime or special events which are authorized by the DSD.
    13. "Permissible Actions versus Preferential Treatment" means types of actions that are ethically permissible and not including giving or receiving preferential treatment. Preferential treatment includes, but is not limited to:
      1. dealing with a member of the Colorado General Assembly as required by the Colorado Constitution, Article 5, Section 16, Privileges of Members;
      2. affording diplomatic immunity to a diplomatic agent; and/or
      3. dealing with a foreign national as required by local law enforcement operations manuals.
    14. "Preferential Treatment" means treatment or actions which are of, from, relating to, or giving advantage, favor, or preference, manifesting or originating from partiality or preference.
    15. "Serious Bodily Injury" has the same meaning set forth in Department Order 1.00.3013 - Use of Force. 
    16. "Weapon" means a firearm, long gun, TASER, Orcutt Police Nunchakus (OPN), or projectile.  
  6. Authority: 
    1. The authority and powers granted to deputy sheriffs concerning the exercise of authority as a peace officer to stop or arrest suspects are expressed in the Denver Municipal Code, Article II, Part 6, Sections 2.6.1,  2.6.4, and include the exercise and performance of powers and duties required by the U.S. and Colorado Constitution or the general laws of the State of Colorado, to the extent that such powers or duties are approved by the Executive Director of Safety. <CALEA: 1.2.1>
    2. All deputies who contact any person shall provide a business card to the individual contacted, which includes the deputy's name, division, badge number and telephone number that may be used to report any comments, positive or negative, regarding the contact.
    3. All deputy business cards that are provided to a member of the public for the purposes of law enforcement duties will include contact information for the Office of the Independent Monitor (OIM) and Administrative Investigations Unit (AIU) at the Public Integrity Division (PID). Cards will be designed in a way to inform members of the public that the OIM and AIU are points of contact to initiate complaints regarding conduct of any DSD employee. 
    4. In accordance with C.R.S. §24-31-309(3.5), any contact made with any person which is initiated by a deputy--whether consensual or nonconsensual--shall have a legal basis, meaning that the contact is made for the purposes of enforcing the law or for investigating possible violations of the law. After making a contact, deputies must collect and report the following information on the contact card provided and enter it into BlueTeam:
      1. the perceived demographic information of the person contacted, based upon the perceptions, observations, and other information available to the contacting deputy or deputies;
      2. the time, date, and location of the contact;
      3. the duration of the contact;
      4. the reason for the contact;
      5. the suspected crime;
      6. the result of the contact, such as:
        1. no action, warning, citation, property seizure, or arrest;
        2. if a warning or citation was issued, the warning provided or violation cited;
        3. if an arrest was made, the offense charged;
        4. the actions taken by the deputy during the contact, including, but not limited to, whether the deputy:
          1. asked for consent to search the person, vehicle, or other property, and, if so, whether consent was provided; <Consent to Search Property Form>
          2. searched the person contacted or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any;
          3. seized any property, and, if so, the type of property that was seized and the basis for seizing the property;
          4. whether a weapon was unholstered or brandished;
          5. the type of weapon unholstered or brandished; and
          6. whether a weapon was discharged or used during the contact.
  7. Specific Grant of Authority by the Executive Director of Public Safety: <CALEA: 73.1.1>
    1. The Sheriff and deputy sheriffs are specifically authorized by the Executive Director of Safety to exercise their authority as peace officers to stop suspects or effect arrests while on-duty and when reasonably necessary to effectively fulfill the following duties and responsibilities:
      1. holding, housing, or transporting persons in the custody of the DSD;
      2. taking custody of and transporting persons arrested by the DPD or other law enforcement agencies;
      3. executing arrest warrants or other orders of the court;
      4. identifying, seizing, or processing abandoned vehicles; <CALEA: 82.3.4>
      5. serving civil process;
      6. providing security in any building or facility in which any duty or responsibility of the DSD is regularly performed, including but not limited to:
        1. The Denver County Jail (COJL)
        2. The Downtown Detention Center (DDC)
        3. The emergency room, Correctional Care Medical Facility (CCMF), and other areas of the Denver Health Medical Center (DHMC) used for the treatment of persons in the custody of the DSD
        4. The Denver City and County Building, including security provided to all courts, offices, and personnel assigned within
        5. The Lindsey-Flanigan Court House
        6. The Denver McNichols Building
        7. The Wellington E. Webb Municipal Office Building
        8. The Denver Vehicle Impound Facility (VIF)
        9. The Minoru Yasui Building
        10. Any temporary or permanent facility constructed or utilized before or after the effective date of this order and owned or operated by the DSD or the City and County of Denver
      7. carrying out any specifically assigned duties and responsibilities when assigned to any special event or special assignment by the Sheriff or Executive Director of Safety; and/or
      8. carrying out any specifically assigned duties and responsibilities in a jurisdiction outside the City and County of Denver pursuant to a request and agreement for mutual aid.
    2. The Sheriff and deputy sheriffs are specifically authorized by the Executive Director of Safety to exercise their authority as peace officers to stop suspects or effect arrests within the City and County of Denver when on-duty and in uniform to render aid or assistance when requested by any member of the DPD engaged in carrying out their duties and responsibilities as a DPD officer.
      1. Such a request for assistance does not authorize a deputy sheriff to become involved in any law enforcement activities prohibited in Section 14.
    3. The Sheriff and deputy sheriffs are specifically authorized by the Executive Director of Safety to exercise their authority as peace officers to effect arrests within the City and County of Denver while on-duty and in uniform when acting as a result of exigent circumstances. 
      1. Exigent circumstances exist when there is probable cause to believe that an offense has been or is being committed which involves a substantial risk of death or serious bodily injury to another, and immediate action is reasonably necessary to prevent or mitigate such harm or to apprehend or prevent the escape of any person for whom probable cause exists to believe that person has committed such an offense. 
      2. Before deciding to arrest based upon exigent circumstances, deputies must have an articulable rationale to arrest based on the totality of the circumstances, including but not limited to, the following:
        1. the extent of the danger or risk of harm which is involved;
        2. the need to take immediate action to prevent or reduce the harm;
        3. the practicality and utility of notifying the DPD before taking action;
        4. the need to immediately apprehend or prevent the escape of any person believed to be responsible for the harm or risk of harm;
        5. whether the person responsible for the harm or risk of harm is armed with a deadly weapon;
        6. whether the person responsible for the harm or risk of harm presents a continuing threat to public safety;
        7. whether the Sheriff or deputy sheriff can reasonably take action without further endangering the public;
        8. whether the Sheriff or deputy sheriff has the proper and necessary equipment to take action; and/or
        9. whether the Sheriff or deputy sheriff can take action without compromising their primary duties and responsibilities as a Sheriff or deputy sheriff.
  8. Roadway User Assistance and Hazardous Conditions:
    1. The Sheriff and deputy sheriffs are specifically authorized by the Executive Director of Safety to take immediate action when traffic hazards exist to prevent or reduce the harm of persons. 
      1. The deputy must be on-duty before deciding to take action and must have an articulable rationale based on the totality of the circumstances, including but not limited to, the following: <CALEA: 61.4.1, 61.4.2>
        1. the need to take immediate action to prevent or reduce the harm;
        2. the extent of the danger or risk of harm which is involved;
        3. whether the Sheriff or deputy sheriff can reasonably take action without further endangering the public;
        4. the Sheriff or deputy is driving a Department vehicle with appropriate emergency equipment (e.g. lights, siren); and/or
        5. whether the Sheriff or deputy sheriff can take action without compromising their primary duties and responsibilities as a Sheriff or deputy sheriff.
      2. The Sheriff and deputy sheriffs shall immediately notify dispatch and request assistance with the hazardous condition from the local law enforcement agency if needed. 
        1. Deputies should position their vehicle in a safe manner, utilizing safety equipment available and provide other assistance commensurate with their level of training.
      3. Deputies shall prepare and submit written reports to an on-duty supervisor, as well as any requested by the local law enforcement agency.
  9. Compliance with all Laws and Department Rules: 
    1. The Sheriff and deputy sheriffs shall exercise their authority as peace officers in compliance with all federal, state, and local law(s), as well as with all policies, procedures, directives, orders, and training of the DSD, including but not limited to, Department Order 1.00.3013 - Use of Force. <CALEA: 1.2.3> 
  10. No Preferential Treatment to be Given to Employees of the Criminal Justice System or Public Officials:
    1. No sworn or civilian member of the DSD shall afford preferential treatment to any employee of the criminal justice system from any jurisdiction or to any public official by virtue of such individual’s criminal justice or public status in any situation where the individuals may have violated any law, whether criminal, traffic, civil (e.g., civil forfeiture laws), or administrative (e.g., regulations promulgated by an administrative agency).
    2. Refer to Department Order 1.00.2010 - Human Relations/Code of Ethics and Standards of Conduct for additional guidance.
  11. Contacts With Criminal Justice System Employees or Public Officials That Require Supervisor Involvement:
    1. A DSD deputy shall immediately notify an on-duty DSD supervisor whenever they contact any employee of the criminal justice system from any jurisdiction or any public official in any situation in which such criminal justice system employee or public official is involved in or suspected of criminal conduct.
    2. The contacted DSD supervisor shall respond to the location of the contact and make a determination as to the course of action to be followed.
    3. The supervisor shall document the incident and forward the information to the PID - AIU through appropriate use of the chain of command.
    4. The supervisor’s letter shall articulate specific reasons supporting the action(s) taken.
  12. Responsibilities for Reported or Observed Incidents:
    1. While on-duty, the Sheriff and deputy sheriffs have the responsibility to gather, protect, and share timely information concerning reported or observed crimes or suspicious behavior to the local law enforcement agency. Efforts should be made to identify any witnesses or suspects, as well as to provide descriptions, methods, and direction of flight or any other relevant information concerning the incident. <CALEA: 42.2.1(a)(b)>
    2. Deputy sheriffs shall notify the local law enforcement agency and an on-duty supervisor regarding the details of reported missing adults to including the following, but not limited to: <CALEA: 41.2.5>
      1. name of missing person;
      2. physical description including clothing, if known;
      3. any known identifying traits, marks, scars, or tattoos;
      4. last known location;
      5. time and date of disappearance; 
      6. at-risk status (e,g, medication, disabilities, etc.), if any;
      7. suspicion of foul play, if any; and
      8. the contact information of the person making the report.
    3. DPD is responsible for entering information into the Criminal Justice Information System (CJIS) and for any follow-up investigation.
    4. Deputy sheriffs shall consider all reports of missing children a high priority and notify the local law enforcement agency immediately and an on-duty supervisor as soon as possible. In addition to items one (1) through eight (8) of Section 12.B., deputy sheriffs should attempt to gather information regarding the circumstances surrounding the missing child, such as the possibility of runaway, abandonment, or other missing statuses. 
      1. In instances where abduction is suspected, the following information should be gathered, if available:
        1. suspected abductor relationship to missing child, if known;
        2. suspected abductor description, if known;
        3. use of weapons or violent tendencies of the abductor, if known; and
        4. vehicle information of suspected abductor, if known.
    5. In instances where the last known location was within the control of the DSD, deputies should conduct a cursory search of the area for the missing person.
    6. In instances that information is reported to a non-sworn staff member, the staff member shall gather all the information required above and notify an on-duty deputy or sworn supervisor immediately. 
    7. The responding supervisor shall ensure all required information related to the incident is gathered and provided to the responding local law enforcement agency personnel.  
    8. Deputy sheriffs shall prepare and submit a written report detailing the incident, as well as any requested by the local law enforcement agency. A copy of the written report shall be submitted to the on-duty supervisor as soon as possible. Any investigation and notifications such as an AMBER Alert shall be completed by the local law enforcement agency.
  13. Responsibilities upon Effecting an Arrest: 
    1. General:
      1. When the exercise of authority as a peace officer involves effecting a warrantless arrest, the Sheriff and deputy sheriffs shall do the following (also noting Section 13.B. regarding juveniles):
        1. immediately contact the local law enforcement agency where the arrest has taken place to respond and complete any investigation necessary and arrest documentation to include a unique number for the arrest; <CALEA: 82.2.3>
        2. notify an on-duty supervisor at the DSD as soon as the situation has stabilized; and
        3. prepare and submit a written report detailing the incident, as well as any requested by the local law enforcement agency. <CALEA: 1.2.5(a)>
          1. A copy of the written report shall be submitted to the appropriate division chief or designee as soon as possible. 
          2. Any person arrested shall be released to the custody of the local law enforcement agency. 
    2. Juveniles:
      1. When contacting a suspected juvenile for an observed or reported incident, the deputy sheriff shall determine if the behavior is criminal or noncriminal in nature and if the juvenile is hurt or in danger of being hurt before notifying the local law enforcement agency and an on-duty supervisor. <CALEA: 44.2.2(a)(b)>
      2. If the juvenile has a visible injury or claims to have an injury, the deputy shall notify emergency medical services to respond to the scene to evaluate the juvenile. An on-duty supervisor shall be notified of the injury as soon as possible. <CALEA: 44.2.2(b)>
        1. If the juvenile appears or claims to be in danger of harm, the deputy shall notify an on-duty supervisor and remove the juvenile from the scene, if possible. When it is not possible, the deputy shall move the juvenile to the safest place available at the scene and call for assistance. The deputy shall provide security for the juvenile until additional deputies and/or officers arrive. <CALEA: 42.2.2(b)> 
        2. When it is determined a juvenile may have committed a criminal offense, the deputy shall not interview the juvenile. Any temporary detention required before the arrival of the local law enforcement agency shall be separate from adult offenders. <CALEA: 42.2.2(c)>
        3.  The deputy shall provide the local law enforcement agency the information gathered during the initial request for assistance to ensure a proper response is provided.
        4. The responding law enforcement officer will make all decisions regarding taking the juvenile into custody, issuing a citation, issuing a summons, referral to juvenile court, or outright release for all juvenile offenders based on the procedures and criteria set forth by the local law enforcement agency's policies. <CALEA: 44.2.1, 44.2.2(c)(d)> 
        5. The responding law enforcement officer will be responsible for making all parental or guardian contacts regarding the incident. <CALEA: 44.2.2(e)>
  14. Limitations on the Authority Granted by this Department Order: 
    1. General:
      1. This policy is not intended to convey the responsibility for general law enforcement authority to deputies of the DSD regarding all offenses occurring within the City and County of Denver. The authority granted is expressly permitted and limited by the provisions of this order.
      2. No Sheriff or deputy sheriff shall be permitted to exercise the authority granted in this order until they have received training in this order and such training has been certified in writing.
      3. This Department order shall not be construed as to supersede, limit, or affect in any way the authority, duties, and responsibilities of the DPD. The DPD is primarily responsible for the enforcement of laws related to all offenses occurring within the City and County of Denver.
    2. Bias-Based Profiling: 
      1. Deputies are prohibited from participating in bias-based profiling. <CALEA: 1.2.9(a)>
      2. Staff members shall receive training annually regarding the Department’s policy prohibiting biased based profiling. Supervisors are trained to monitor and recognize inappropriate biased-based profiling conduct. <CALEA: 1.2.9(b)>
      3. Command staff shall be notified when bias-based profiling is suspected or reported by any employee or citizen to initiate an investigation to determine if corrective action is required. <CALEA: 1.2.9(c)>
      4. Administrative staff shall conduct a documented annual review of profiling practices, policies, and citizen complaints or concerns to determine if additional training or policy revisions are necessary. <CALEA: 1.2.9(d)> 
    3. Prohibited Activities:
      1. In exercising the authority granted by this order, deputy sheriffs shall not engage in the following activities:
        1. general patrol duties;
        2. general investigative duties;
        3. coercion, intimidation, making threats or promises while conducting interviews; <CALEA: 1.2.3>
        4. interrogations, unless necessary for safety and security reasons and except for PID - AIU investigations; <CALEA: 1.2.3>
        5. the stopping, roadblocks, and pursuit of any moving vehicle; <CALEA: 41.2.2 and 41.2.3>
        6. the use of any Department vehicle or any other vehicle to chase any person or vehicle;
        7. the enforcement of any laws relating only to traffic offenses;
        8. the exercise of any authority as a peace officer while off-duty except as specifically authorized in Section 15 of this order; and
        9. the exercise of any authority as a peace officer regarding a deputy’s personal disputes or disputes involving family, neighbors, or close friends/associates.
        10. the discharge of a firearm as a warning or attention shot. <CALEA: 4.1.3>
  15. Limitations on Peace Officer Authority while Engaged in Authorized Secondary Employment: 
    1. Secondary employment may be authorized by the DSD and must be in accordance with all policies, procedures, directives, or orders which govern secondary employment. 
      1. Refer to Department Order 1.00.2022  - Secondary Employment for additional information regarding secondary employment for deputy sheriffs.
    2. Deputy sheriffs engaging in secondary employment shall be considered to be off-duty and employed by their off-duty employer, not the City and County of Denver.
    3. Any action taken by deputy sheriffs in the course of and in furtherance of the duties and responsibilities of their secondary employment shall be considered actions taken on behalf of the secondary employer and shall not be considered the actions of the City and County of Denver.
    4. Secondary employers of deputy sheriffs shall carry appropriate insurance to cover any liability or loss arising from their employment of deputy sheriffs and shall indemnify the City and County of Denver against any loss.
    5. By this order of the Executive Director of Safety, the authority of deputy sheriffs to act as peace officers while engaged in activities in furtherance of their authorized secondary employment is expressly limited to the practice in existence prior to the effective date of this order of stopping suspects as described in Section 7.B. and 7.C. of this order.
      1. Deputy sheriffs shall not have the authority to effect arrests while engaged in authorized secondary employment, unless exigent circumstances exist. Deputies are required to contact DPD regarding the arrest.
    6. In the event of an incident which involves contacting the DPD, deputy sheriffs engaged in authorized secondary employment shall complete all paperwork needed or requested by the DPD.
      1. Deputy sheriffs engaged in authorized secondary employment shall report the incident to the next level or rank of command at the DSD (i.e., an on-duty supervisor or the appropriate command staff personnel) as soon as the situation has stabilized. 
      2. A written report and any associated paperwork shall be forwarded to the DSD secondary employment administrator.
  16. Limitations on Deputy Sheriffs Under Suspension or on Modified Duty: 
    1. Deputy sheriffs on suspension or investigatory leave shall have all Departmental authority suspended.
    2. Deputy sheriffs who are on modified duty shall follow the restrictions placed upon them by the Department of Safety Human Resources (DOSHR).
    3. Refer to Department Order 1.00.2015 - Modified and Temporary Limited Duty for additional guidance.
  17. Limitations on the Authority to Act as a Peace Officer Outside the Jurisdiction of the City and County of Denver: 
    1. Unless carrying out their specific duties and responsibilities as contained in applicable provisions of Section 7.A.1. and 7.A.2. of this order, deputy sheriffs shall not have the authority to act as peace officers outside the City and County of Denver.
  18. Miranda Rights (Warning): 
    1. General: 
      1. The Fifth Amendment (Amendment V) to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” The United States Supreme Court case of Miranda v. Arizona protects this right by requiring law enforcement to give proper warnings before a suspect makes a statement during custodial interrogation. 
        1. Note: This does not mean that law enforcement officers are required to administer Miranda warnings to everyone whom they question nor is the requirement of warnings to be imposed simply because the questioned person is one (1) whom the law enforcement official suspects. 
    2. Example of Miranda Rights:
      1. You have the right to remain silent.
      2. Anything you say can and will be used against you in a court of law.
      3. You have the the right to an attorney.
      4. If you cannot afford an attorney, one will be appointed for you.
      5. Do you understand these rights as I have read them to you?
      6. With theses rights in mind, do you wish to speak to me?
    3. Custody: 
      1. A suspect is in the custody of law enforcement when they are deprived of their freedom of action in any significant way or their freedom of action is curtailed to a degree associated with a formal arrest. Put another way, whether a person is in custody for Miranda purposes involves an objective test requiring a determination of whether a reasonable person in the suspect’s position would have understood their situation as one akin to a formal arrest. The totality of the circumstances are considered when making this determination. Factors to consider include:
        1. the time, place, and purpose of the encounter;
        2. the persons present during the interrogation;
        3. the words were spoken by the officer to the suspect;
        4. the officer’s tone of voice and general demeanor;
        5. the length and mood of the interrogation;
        6. whether any limitation on movement or another form of restraint was placed on the defendant during the interrogation;
        7. the officer’s response to any questions asked by the suspect;
        8. whether directions were given to the suspect during the interrogation; and
        9. the suspect’s verbal or nonverbal response to such directions. 
      2. No single factor is determinative. 
    4. Interrogation:
      1. The Sheriff and deputy sheriffs are required to read an individual their rights (i.e., a Miranda Warning) before they may interrogate or question a detained individual. A line of questioning by the Sheriff or deputy sheriff is only an interrogation if the individual is determined to be in custody.
      2. The Sheriff and deputy sheriffs should avoid interrogating persons who are suspected of committing a crime unless necessary for safety and security reasons. 
        1. Before commencing with any interrogating questions, the Sheriff and deputy sheriffs must advise the person suspected of committing the crime of their Miranda Rights. 
        2. If the suspect knowingly and intelligently waives the right to counsel after receiving Miranda Warnings, the suspect may be questioned. 
        3.  If the suspect requests counsel at any time during the interview, the suspect is not subject to further questioning until a lawyer has been made available or the suspect reinitiates conversation on their own. 
  19. Accountability: 
    1. It shall be the responsibility of all deputy sheriffs to be familiar with and to comply with this order and all other orders, directives, policies, procedures, and training related to this order in addition to applicable Colorado law.
    2. It shall be the responsibility of each division chief or designee to establish additional procedures, policies, orders and directives consistent with this order, as necessary.
    3. It is the responsibility of the training academy commander to ensure that all commissioned deputies receive training regarding this order and all other orders, directives, policies, and procedures related to it.
    4. All deputy sheriffs shall be accountable for compliance with all other policies, procedures, orders or directives governing arrests and use of force. 
    5. Regardless of whether this order authorizes them to stop suspects or effect an arrest in a particular situation, deputy sheriffs have the obligation to immediately report any criminal activity known to or observed by them to local law enforcement authorities and protect the crime scene until their arrival. <CALEA: 42.2.1>
  20. Responsibility: 
    1. Training: 
      1. The Training Academy shall ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order.
    2. Management: 
      1. The division chief/unit commander or unit manager of any division or unit affected by this policy shall:
        1. ensure that existing procedures and all newly developed orders are in compliance with this order;
        2. ensure that all affected personnel are made aware of this policy; and
        3. ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
    3. Supervisors: 
      1. All supervisors shall ensure that the provisions of this policy are being followed.
    4. Staff: 
      1. All deputies and employees shall comply with the provisions of this policy.
  21. Effective Date: This order will become effective on November 8th, 2021.
  22.  Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.