1. City of Fairborn Police Department
K9 Unit Policy
April 2015
Quinn Brandt
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Introduction
The following recommended policy for the City of Fairborn Police Department’s
Canine Program is borrowed heavily from the police departments of Miami
Township and the City of Riverside. The reason for this was because these two
police departments are fairly similar in size and function as Fairborn, and Fairborn’s
population of 32,000+ is between Riverside (25,000) and Miami Township (50,000).
This policy is simply a recommendation or a blueprint to an official policy if the City
of Fairborn chooses to implement a canine program. The two main functions of this
policy are to offer standard operating procedures that meet OPOTA requirements
for the State of Ohio and to lay out a union agreement for canine officers.
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Fairborn Police Department
Canine Program Standard Operating Procedures
I. PURPOSE
To establish guidelines for the use and management of the Department’s
Canine Unit.
II. POLICY
This policy is designed specifically for the City of Fairborn’s Canine Unit
and outlays how to operate a multi-trained dog used for the purpose of
narcotics searches, tracking, building searches, and handler protection.
The utilization of a law enforcement canine, in a use of force situation, is
to be considered as an Intermediate Weapon, as outlined in the Use of
Force Policy Review which officers of Fairborn Police Department swear
into.
III. UNIT OBJECTIVES
A. The Department’s canine unit is designed to provide the following:
1. Provide a positive public relations image for the City of Fairborn
2. Conduct building searches for offenders in hiding
3. Assist in the arrest of serious or violent offenders, and to prevent
the escape of a subject who is fleeing lawful arrest.
4. Protect officers or others from death or serious injury
5. Track suspects, or locate lost or missing persons
6. Locate hidden instrumentalities or evidence of a crime
7. Assist in the execution of search warrants
8. Detect the presence of concealed narcotics
IV. PROCEDURES FOR UNIT OBJECTIVES
A. General Deployment Operations
The canine unit may also respond to requests for canine assistance
from other jurisdictions when both of the following apply: (1) the
request is made by the requesting agency’s highest ranking on duty
officer and (2) the canine unit’s response is approved by the shift
supervisor for the City of Fairborn.
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The Graham-vs.-Connor three prong test shall be used in
deployments. One: the severity of the crime at issue. Two: whether the
suspect poses an immediate threat to safety of officers or the public.
Three: the suspect is actively fleeing or resisting.
The use of a canine is a use of force and the canine’s actions must be in
compliance with the Response to Resistance Continuum.
Because an important aspect of any canine unit is public relations, it is
important to conduct public demonstrations in a safe manner. Public
demonstrations will only be conducted at the direction of the Chief of
Police or Canine Unit Supervisor. The handler may decline or
terminate any demonstration he or she feels is a threat to the safety of
the canine or any member of the public. If a public demonstration is
held anytime outside normal work hours for the handler, he or she
shall be compensated according to the Union Agreement.
A canine unit shall be deployed automatically during the initial
dispatch of the following call types: Robbery in progress, Felonious
Assault in progress, Aggravated Burglary-Burglary-Breaking and
Entering in progress, and Hold up Alarms.
B. Building Searches for Suspects in Hiding
A primary use of police canines is locating suspects in buildings or
related structures where a search by officers would create an
unnecessary risk. These searches shall be governed by the following:
1. The building perimeter shall be secured by patrol personnel.
2. Whenever possible, the building’s owner should be contacted to
determine whether there may be tenants or others in the building
and to ascertain the building’s layout.
3. When a canine building search is anticipated, a preliminary search
by officers should not be conducted as this will interfere with the
canine’s ability to discriminate scents.
4. The on-scene supervisor shall also take the following steps in
preparation for a canine search:
a. Evacuate all tenants, workers or others from the facility
b. Request that all air condition, heating, or other air-blowing
systems be shut off so as not to interfere or obliterate the
perpetrator’s scent.
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5. Upon entrance to the building, all exits should be secured, and
communications limited to those of a tactical nature.
6. The canine should be unleashed during a building search unless
there is an imminent risk of injury to innocent person within the
facility.
7. The canine should not be used to search facilities that contain
substances potentially harmful to the animal unless overriding
risk to human life is present.
8. Before commencing the search, the handler or other appropriate
personnel shall loudly announce and repeat the statement that
there are police officers on the premises and that a trained police
canine will be released if the individual does not surrender. A
reasonable amount of time shall be allowed for the suspect to
respond. This warning shall be repeated on each level of all
multilevel structures.
C. Crowd Control
1. Canine teams shall not be used for crowd control at peaceful
demonstrations.
2. Canine teams may be used for crowd control upon approval of the
Chief or Designee to protect life or property during a riot or other
major unauthorized gathering that cannot be controlled by other
means. In these situations, canines shall:
a. Be short leashes at all times unless no other means are
available to protect an individual from serious injury.
b. Not initiate any offensive action, unless to guard against
imminent loss of life or serious bodily injury.
D. Drug Detection
Use of police canines in a drug detection capacity is authorized in the
following situations and under the following conditions:
1. The canine handler shall maintain records that document the use,
proficiency, and expertise of individual canines in drug detection.
This documentation shall be readily available to supervisors and
others who may need it when requesting criminal warrants.
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2. A handler will not deploy the canine for a search without another
officer present to observe an operator or occupants of a vehicle.
3. Random exploratory sniffing of vehicles, luggage, packages or
other inanimate objects may be conducted in public facilities such
as schools, airports, train stations, or bus terminals.
a. Exploratory sniffing in these facilities shall be confined solely
to those areas open to the general public and, whenever
possible, with advance knowledge and consent of the
appropriate facility manager.
b. Exploratory sniffing shall be conducted without interferences
or annoyance to the public or interruption of facility
operations.
4. Canine sniffs conducted in areas restricted to the public, such as
baggage staging areas, are considered searches and may be
conducted only with reasonable suspicion or probable cause to
believe that specific items contain illegal narcotics
5. Field officers may detain specific checked luggage or related items
for purposes of requesting a canine sniff, if reasonable suspicion
exists, but may not detain the items so long as to interfere with the
owner’s scheduled travel, unless probable cause exists.
a. When a drug detection canine alerts to luggage or related
items; in this or other circumstance, a warrant or consent
to search must be obtained before it is opened unless
exigent circumstances exist to conduct an on-site search.
6. Sniffing of an individual’s person is permitted in circumstances
when there is reasonable suspicion to believe that the individual is
in possession of illegal narcotics.
7. The use of drug detection canines in public schools is permitted
only when:
a. The school’s principal or designated authority requests or
approves use of the canines;
b. There is reasonable suspicion to believe that illegal
narcotics are being distributed and/or consumed on the
premises.
c. The search is limited to inanimate objects in public areas
and the exterior of student lockers, unless reasonable
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suspicion exists to gain admission to lockers and related
areas where there is a reasonable expectation of privacy.
8. Sniffs of the exterior of residences—either individual dwellings or
the common areas of multiple unit dwellings—are not permitted
without a search warrant, unless consent is granted.
9. Drug-sniffing canines may be used to sniff motor vehicles when:
a. Reasonable suspicion exists to believe the operator or
passengers are in possession of illegal narcotics.
b. During a valid vehicle stop, the canine is used to sniff the
vehicle’s exterior in an exploratory manner. Unless the canine
alerts to the vehicle, the operator may not be detained longer
than necessary to conclude the business associated with the
initial stop.
E. Tracking
Police canines are available with supervisory approval to track
missing persons or suspected criminals, or to locate evidence that the
supervisor has reason to believe has been abandoned or hidden in a
specified open area. Such searches are subject to the following
conditions and limitations:
1. When officers are pursuing suspects and contact with the suspect
is lost, the officer prior to summoning a canine team shall:
a. Stop and pinpoint the location where the suspect was last seen
b. Shut off engines of vehicles in the area if possible.
c. Make every attempt to establish an adequate perimeter around
the scene.
d. Avoid vehicle or food movement in the area where the suspect
or subject was last seen.
2. Canines used for tracking persons should remain on a leash of
sufficient length to provide a reasonable measure of safety to the
subject on the search without compromising the canine’s tracking
abilities.
3. Canine teams may be used to locate someone suspected to be
under the influence of drugs or alcohol, or an emotionally
disturbed person, even though no other crime is involved.
4. In these cases, the on-scene supervisor shall:
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a. Secure the perimeter of the area to be searched
b. Secure the integrity of the area to be searched by keeping all
personnel out of the area.
c. Protect all items of clothing that will be used for scent from
being handled.
V. CANINE BITES AND INJURIES
Use of specially trained police canines for law enforcement
responsibilities constitute an actual or implied use of force. In this as in
other cases, officers may only use that degree of force that reasonably
appears necessary to apprehend or secure a suspect as governed by the
Department’s use of force policy. Whenever a canine bites an individual
whether or not in the line-of-duty, the handler shall:
A. Examine the affected area to determine the seriousness of the bite or
injury.
B. Obtain medical treatment for the person. Medical personnel should
examine the affected area irrespective of the perceived seriousness of
the bite or injury.
C. Contact the on-duty supervisor, who will go to the scene.
D. Take photographs of the affected area, if possible, prior to and
following medical treatment.
E. Complete a use of force report whenever it has been alleged that a
canine has injured an individual during the apprehension. The report
must detail the circumstances surrounding the incident, the identity
of the individual involved and any witnesses, the extent of the injuries
if known, and measures taken in response to the incident. The original
report shall be filed in accordance with the Department’s use of force
policy.
VI. CANINE USE AND CARE
A. Canine handlers are personally responsible for the daily care and
feeding of their animal to include:
i. Maintenance and cleaning of the kennel and yard area
where the canine is housed.
ii. Provision of food, water, and general diet maintenance
as prescribed by the departmentally authorized
veterinarian.
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iii. Grooming on a daily basis, or more often as required by
weather, working conditions or other factors.
iv. Daily exercise of at least 30 minutes.
v. General medical attention and maintenance of health
care records.
Note: If the handler is unable to perform these and related duties due
to illness, injury or leave, the canine may be housed in a Department
approved kennel.
Police canines shall not be used for breeding, participation in shows,
field trials, exhibitions or other demonstrations, or off-duty
employment unless authorized by the Chief of Police or his designee.
Handlers will not permit anyone to pet or hug their canine without
their prior permission and handler supervision. Teasing, agitating or
roughhousing with a police canine is strictly prohibited unless
performed as part of a training exercise.
A canine handler may apply to take possession of their dog when the
dog is retired from active duty or relieved due to injury, or when the
handler is promoted or retires and a decision is made not a retrain the
dog for another handler.
VII. UNION AGREEMENT FOR CANINE OFFICER POSITION
Section 1. The Union and the Employer agree notwithstanding other provisions
in this section, that an officer assigned to be a canine officer shall work as his
regular hours a twelve (12) hour shift, as assigned by the Chief of Police or his
designee, for which the canine officer shall be entitled to eight and one-half
hours of regular pay as compensation for those duties required outside regular
work hours in the care and maintenance of his dog, including but not limited to,
time spent feeding, cleaning, exercising, playing, grooming, transporting,
providing health care, and for related time and extraordinary expense incurred
in other activities related to maintaining of a dog at his residence.
Section 2. The canine officer shall receive one-half (.5) hour’s pay per day on all
days the canine officer is not scheduled to work as compensation for canine
maintenance as described in Section 1.
Section 3. For the purposes of vacation, compensatory time, sick time, personal
days, the canine officer shall only be charged for twelve (12) hours per day when
the canine officer uses any of his accrued time off. The last one-half (.5) hour
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(total of 12.5 hours) shall be paid as though the canine officer worked for the
purposes of canine maintenance as described in Section 1.
Section 4. Fairborn Police Department canine units must be OPOTA1 certified
every two (2) years and strive to maintain the North American Police Working
Dog Certification. If for any reason the canine unit fails to meet OPOTA
certification, it will be immediately placed on inactive status. As soon as possible
the canine unit will again attempt to pass OPOTA certification. If the canine unit
fails to be certified on its second attempt, it is the decision of the Chief of Police
whether to allow the canine unit a third attempt or to permanently remove the
dog from service.
Section 5. The Union and Management agree that the schedule for the canine
officer is being adopted pursuant to Section 207(k) of the FLSA2 and 29 CFR Part
5533. For the purposes of this section, time worked shall include time spent on
paid vacation and holidays, as those terms are understood in Section 2 of the
Union Agreement. Time worked in excess of twelve and one-half (12.5) hours in
a day or seventy-five (75) hours in a pay period shall be paid at the overtime rate
(1.5 times the regular hourly rate).
Section 6. Hours owed to the department each year resulting from payroll
equalization, and used for officer training purposes, shall not be used for training
specific to the canine, the canine officer, or the canine unit.
Section 7. The canine shall remain the property of the City of Fairborn and the
city shall be solely responsible for all licensing of the canine and for compliance
with all laws relating to licensing. The canine officer shall be responsible for
compliance with all other laws and ordinances related to the keeping of animals.
Section 8. The City shall pay all veterinary expenses for the canine during the
time the canine is on active duty. Upon retirement or disability of the canine, all
veterinary expenses become the response ability of the canine officer, should
he/she take ownership of the canine.
Section 9. The City shall provide all dog food for the canine at the City’s expense.
Section 10. The canine shall be housed at the residence of the canine officer and
shall not be kenneled except upon a temporary basis. The city agrees to pay for
boarding of the canine, at a kennel of its choosing, during time when the canine
officer is out of town either for personal business or required training not
related to the canine.
1 OPOTA
2 FLSA Section 207(k)
3 29 CFR Part 553
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Section 11. The City agrees any equipment necessary for the canine or the
canine officer after a request has been properly submitted and by the Canine
Program Supervisor.
Section 12. Due to the nature of the canine assignment, the City agrees to
provide a marked patrol vehicle to be used by the canine officer to drive to and
from work. The canine officer shall be responsible for parking the marked
cruiser in a garage when the vehicle is not in use. The canine officer shall agree
to keep the vehicle clean and well maintained at all times.
Section 13. The canine officer agrees to be available by phone, with the
understanding that his/her services may be requested at any time, day or night.
Compensation at overtime rates for responding to a “call out” shall be calculated
from the time the canine officer receives the call. The canine officer will provide
prior notification to the Canine Program Supervisor, when he will be
unavailable, who will forward that information to the Deputy Chief of Police via
email.
Section 14. At the discretion of the Canine Program Supervisor, a kennel may be
placed at the canine officer’s residence. The City agrees to pay for or construct a
kennel on the canine officer’s property, if approved by the Chief of Police.
Ownership of the kennel will transfer from the Township to the canine officer if
the canine officer remains in the assignment for five years. Otherwise, the canine
officer shall pay a prorated share to the City.
Section 15. The canine officer will be assigned to a regular duty shift at the
discretion of the Canine Program Supervisor. Shift start times shall be at the
discretion of the employer, but once established shall remain in effect unless
modified for emergencies or with twenty-eight notice to the affected officer.
Section 16. The canine officer will be responsible for submitting a monthly
training schedule one week in advance of the beginning of the month for
approval by the Canine Program Supervisor. As much training as possible should
be accomplished on-duty. One day per month, designated by Management, shall
be scheduled exclusively as a canine training day.
Section 17. The City of Fairborn maintains complete discretion to terminate the
canine program at any time.
VIII. HANDLER TRAINING AND APPOINTMENT
HANDLER APPOINTMENT
An officer of the Fairborn Police Department wishing to be considered for
appointment to the canine program must meet the following minimum
requirements:
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● Three years full-time experience with the Fairborn Police Department
● Must be assigned or willing to accept transfer to Road Patrol
● Must have a demonstrated ability to work with minimum supervision.
● Must agree to work flexible hours.
● Must agree to terms of compensation described in VII.
● Must be willing to house and care for the canine on and off-duty for
the useful life of the canine.
● Must be willing to agree to VII
● Must have a true affection for canines and must be comfortable with
them.
● Must be able to pass and maintain State certification evaluations and
requirements designated by OPOTA
● Must agree to maintain all training requirements for the canine and
handler.
Appointments are to be made by the Canine Unit Supervisor and all chain of
command procedures are outlined in the organizational chart provided in the
appendix.
Protocol for Permanent Separation of Canine Handler and Canine
If canine handler is to be permanently separated from service with their canine
partner (because of promotion, retirement, removal), the city will determine a
plan of action regarding disposition of the canine. This plan will be discussed
with the Chief of Police, the handler, as well as the Canine Program Supervisor.
The plan should include whether the canine should be retired or trained with a
new handler.
If it is determined the canine will be retired, upon issuance of a release of
liability, the canine’s handler will assume ownership of the retired canine.
IX. CANINE SELECTION
The final selection of a canine to become a Fairborn Police Department canine
will be the responsibility of the Chief of Police with input from the Canine
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Program Supervisor. Factors to be considered will be based upon the canine’s
natural disposition, level of training, controllability, courage, health, etc.
Certification
All Fairborn Police Department canine units will be certified by the State of Ohio
as either “general duty, drug detection, or multipurpose.”
All general duty canines will demonstrate proficiency in the following areas:
● Obedience
● Scent detection
● Evidence search
● Building search
● Tracking
● Area search
● Criminal apprehension
All drug detection canines will demonstrate proficiency by OPOTA standards in the
following areas:
● Obedience
● Ability to detect drugs (Levels One and Two).
Training
A minimum of sixteen (16) hours of in-service training is required each month.
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Appendix
I. EQUIPMENT
Equipment and costs associated with it are listed under the budget.
II. ORGANIZATIONAL STRUCTURE
Police Chief
Deputy Police
Chief
Canine Program
Supervisor
Canine Handlers