0640.00 Identification Procedures
640.00 IDENTIFICATION PROCEDURES
- ORS 153.110 Enforcement of Infractions; Issuance of Citations
- ORS 162.385 Giving False Information to Police Officer for a Citation
- ORS 419A.205 Fingerprinting and Photography of Juveniles
- ORS 807.50 Failure to Carry or Present a License
- ORS 807.620 Giving False Information to a Police Officer for a Traffic Citation
- DIR 640.70 Fingerprinting and Photographing Juveniles
- DIR 860.30 Citations-In-Lieu-Of-Custody
- DIR 870.30 Processing of Persons into MCDC
- DIR 870.50 Arrests, Felony Processing
- DIR 880.30 Security Deposit, Setting Bail
Only voluntarily complying adults, not under arrest, and all juveniles arrested (refer DIR 640.70), will be processed at the Forensic Evidence Division (Forensics). All other individuals requiring fingerprinting and/or photographing will be processed as described in the following procedures and under the provisions of DIR 870.30.
ID Verification for Persons not Under Arrest (640.00)
a. A voluntarily complying adult not under arrest but the subject of a police action may desire to verify his/her identity in order to avoid misidentification. In these situations, the individual may be escorted to Forensics where fingerprints and a photograph may be taken for the purpose of identity verification.
b. Photographs and fingerprints taken under these circumstances do not become part of the Bureau’s permanent record, nor do they suffice for the statutory requirement of mugging and fingerprinting.
c. If a jailable custody arrest or citation issuance results from this action, the subject will be processed per the applicable directive.
ID Verification: Z-Cite or C-Cite (640.00)
a. In situations where the identity of a person to be cited for a violation or any non-jailable offense is either unknown or in question, members will attempt to verify the identity using an IBIS fingerprint device, IWS mug system, DMV, PPDS and LEDS - CCH files.
b. If the IBIS system is down, or the member is unable to capture quality prints for use with IBIS, and other means of searching have not provided reasonable verification of identity members may contact Forensics to determine if unit workload demands and staffing will allow Forensics to provide an identity check.
c. If resources allow, members will:
1. Transport offenders to Central Precinct and place them in a precinct holding cell.
2. Obtain a left and right thumb and right four finger impressions on the backside of a copy of the Custody Report.
3. Obtain PPDS, LEDS, CCH and NCIC identity information on the person the arrestee claims to be.
4. Take the inked thumb and fingerprints (on the back of the custody report) as well as any PPDS, DMV and CCH printouts to Forensics.
d. Identity verification can be accomplished by Forensics only if the name provided by the offender has associated prints and mugshots on file. Forensics technicians will attempt to verify only whether or not the suspect in custody is the person they claim to be.
e. Forensics will not roll a full set of fingerprints nor make a full-file search to determine the arrested subject’s true name.
f. In exceptional circumstances, where the above noted means of identification verification have been exhausted and the situation merits further inquiry, members may contact (with supervisory approval) a Forensics supervisor and request an Automated Fingerprint Identification System (AFIS) latent direct inquiry be made. The inquiry is made using the two thumb impressions on the back of the Custody Report. The Forensics supervisor, upon receipt of any available computer file printouts, will attempt to arrange for the inquiry. If a criminalist or qualified technician is unavailable, the member will be directed to leave the photocopy of the Custody Report containing the two thumb and right four finger impressions with Forensics for an AFIS direct entry as soon as feasible. Continued custody of the subject is at the discretion of the member and his/her supervisor.
g. If it is determined during the identification verification process that a Giving False Information offense has been committed, the suspect will be processed through MCDC.
Expedited Fingerprint Search (640.00)
Warrants based on false identity information during citation issuance cause inconveniences for many individuals. When Forensics discovers incorrect information has been presented during a C-Cite arrest (or when a member needs to verify the identity of a suspect when issuing a C-Cite and the above procedure fails to provide the necessary information) members will apply the following procedures:
a. In situations where a suspected serious offender’s true identity is not known and Forensics determines an FBI file search is necessary, a MCDC Intake supervisor will be notified. An expedited search hold will be placed on the suspect and remain in effect until such time as Forensics receives information from the FBI. Requests for fingerprint processing through the FBI Expedited Fingerprint Search System will be honored only if justification satisfies the criteria established by the FBI. Furthermore, Forensic technicians are authorized to grant or deny such requests based on those criteria.
b. When circumstances justify granting expedited searches, the arresting member has the responsibility of arranging for a higher bail (extraordinary bail) to ensure the suspect remains in custody until the FBI responds to the inquiry. The arresting member will obtain authorization from a Circuit Court judge for increased security deposits. A list of judges is on file in Detectives and the Drug and Vice Division (DVD).
c. The words Extraordinary Bail will be written on the top of the Custody Report. For details in requesting Extraordinary Bail, see DIR 880.30.
Corrected Identity – False Information Situations (640.00)
The following procedures will apply when the identity of an arrestee, based upon FBI, SID, fingerprint, or CCH records, is determined to be different than the identity used upon arrest:
a. The Forensic technician will notify MCDC of the corrected identity.
b. MCDC will then run a LEDS/NCIC records check and serve any warrants.
c. When a name or date of birth was presented by the arrestee, and his/her true identity was subsequently determined based upon FBI, SID, fingerprint, or CCH records a Corrected Arrest Information – Furnishing False Information Special Report (FFI) will be completed by the Forensics technician. Copies of the report will be forwarded to the arresting member prior to the arraignment of the arrestee.
d. If the issuing/arresting member is present at MCDC, he or she will issue a new citation charging the original crimes(s) and FFI.
e. If the issuing/arresting member is not present at MCDC when the correct identity has been obtained, the following procedures will apply:
1. Felony and Misdemeanor Citations.
a) The Forensic technician will send a copy of his/her report to the Records Division (Records).
b) Records will then send a copy of the Forensic technicians report along with the arresting member’s report to the District Attorney’s (DA’s) Office.
c) Forensic technicians will fax a copy of the FFI report to the arresting member.
d) If a criminal case receives no complaint from the DA’s Office and it is later learned a FFI crime has been committed, the member may request a warrant be issued. This is accomplished through the submission of a Special Report to the complaint signer. The complaint signer may then ask the DA’s Office to consider issuing a warrant.
2. Violation Citations.
a) Violations: The DA’s Office does not review traffic violation citations.
1) A copy of the Corrected Arrest Information/Special Report will be forwarded by mail or fax to the member.
2) Members may reissue violation citations when they deem it necessary. Members may also issue a FFI citation.
b) Non-Traffic Violations: The DA’s Office reviews all non-traffic violations. The same procedures outlined above for felony and misdemeanor crimes should be followed.