Z. Russo 11 Posted April 4, 2020 Share Posted April 4, 2020 Basic Premise This is a living document so there will be changes as training needs change. Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted April 4, 2020 Author Share Posted April 4, 2020 Enforcement (Criminal, Traffic, Civil Ect.) Criminal For all intents and purposes there are 2 types of crimes that occur in the world around us. Felonies and Misdemeanors. Classes of Crimes Saratoga uses a penal code similar to New York Where the Lower letter the class the more serious the crime is. IE Class E is less severe then a class A. However A class E Felony is more severe then a Class A misdemeanor Misdemeanors Misdemeanors are less serious crimes that have a maximum of 12 months in Jail. Depending on the classification of Misdemeanor punishment can consist of community service, a fine, Jail time or any combination of the above. Felonies Felonies are serious crimes that carry a minimum sentence of no less then 1 year in prison. People convicted of felonies lose the right to vote hold public office and owning firearms. When approaching an incident that requires law enforcement you must play the role of detective. Find out what happened, find out who is involved and find out if a crime did occur and if so what crime occurred and the charge is. When you come to the determination that you will be making an arrest determine in what degree. Below is a link to penal law http://ypdcrime.com/penal.law/ Traffic One of the main duties of deputies and supervisors assigned to patrol and traffic is traffic enforcement. When a traffic violation is observed any member of the sheriffs department may initiate a traffic stop. During the course of a stop the Deputy is required to run the plate and the licence. If it comes back clean the deputy may use discretion to issue a summons or warn and admonish. If the driver comes back with a hit, appropriate enforcement is to be taken including arresting the driver and charging him with a felony or misdemeanor and or impounding the vehicle. Civil The SCSD does not routinely deal in civil matters however we may be called to assist in civil matters such as serving papers, evictions and impounding vehicles. However if we do find ourselves in such a matter one of our supervisors will be available to assist you. Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted April 4, 2020 Author Share Posted April 4, 2020 USE OF FORCE CONTINUUM Above is a model of our chart use of force chart. There a few additions to this. Any member of the department can draw their firearm if they feel that it will provide a tactical advantage or fear their life or the life of a third party is in danger. If a supervisor or SWAT is on scene they have the option of deploying a less lethal shotgun in addition to a taser. Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted April 4, 2020 Author Share Posted April 4, 2020 Arrest Procedure Felony or misdemeanor When making an arrest the perp is to be immediately handcuffed and searched for weapons or other contraband. Pedigree information is to be obtained on scene. If any are found additional charges may be pressed. If the arrest is questionable the arresting officer can request a supervisor. The perp must be transported in either a van or a cage car. If there are none available the perp is to be placed into a car without a cage and a deputy or supervisor must ride in the back with the perp placed behind the driver and the deputy sitting in the rear passenger side seat. There is a maximum of 2 perps placed into a car with a cage and one without. Upon arrival at the station the perp is to be placed in a holding cell where positive identification must be made if it was not done so already and then they are medically cleared and checked for warrants. During this time it is the arresting officers duty to voucher any valuables or contraband into evidence. If they come back clean and depending on arresting officer discretion they may be issued a Desk Appearance Ticket with an arraignment date or they can be booked into the county jail system where they will be held until arraignment and then subsequent transport into the county jail. Summons in Lieu of Arrest In the event that a minor crime occurred a member of the sheriffs department can issue a C summons. Which is a criminal court summons requiring them to see a judge. C summons are issued for minor misdemeanors and can be issued on scene or the perp can be transported back to the station for them to be issued. Before issuing a C Summons the perp must be ran for warrants. If they come back clean a C summons can be issued. When issuing a summons officer safety is paramount and any detention methods may be used. Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted June 11, 2020 Author Share Posted June 11, 2020 8 Major Felonies Murder/Manslaughter - Self Explanatory for more details consult: http://ypdcrime.com/penal.law/article125.htm Rape/Sexual Assault In the interest of common decency do not touch on this matter without consulting an admind. Specific details http://ypdcrime.com/penal.law/article130.htm Robbery - Robbery is defined as taking property no matter the value with force or threatening to use force - http://ypdcrime.com/penal.law/article160.htm Felony Assault - Felony assault is defined when the is on a public safety official, with a weapon or when the injuries require evaluation at a hospital http://ypdcrime.com/penal.law/article120.htm Grand Larceny - Grand Larceny is taking property non forcefully worth over $1000 or if the item taken is a credit card or debit card. http://ypdcrime.com/penal.law/article155.htm Grand Larceny of an Automobile. Any theft of a motor vehicle is considered a felony http://ypdcrime.com/penal.law/article155.htm#p155.30 Burglary - Burglary is the act of attempting to or successfully entering a building to commit a crime http://ypdcrime.com/penal.law/article140.htm#p140.20 9 Common Misdemeanors Petit Larceny - Theft under 1000 without force - http://ypdcrime.com/penal.law/article155.htm#p155.25 Stalking - Self Explanatory - http://ypdcrime.com/penal.law/article120.htm#p120.45 Criminal trespass - which is fenced or otherwise enclosed in a manner designed to exclude intruder - http://ypdcrime.com/penal.law/article140.htm#p140.10 Criminal Mischief - Damaging property under $250 any amount exceeding that is upgraded to a felony - http://ypdcrime.com/penal.law/article145.htm#p145.00 Patronizing prostitution - When a person solicits a prostitute over the age of 18 - http://ypdcrime.com/penal.law/article230.htm#p230.04 Criminal possession of stolen property - When a person knowingly possesses stolen property - http://ypdcrime.com/penal.law/article165.htm#p165.40 Public Lewdness - Indecent exposure - http://ypdcrime.com/penal.law/article245.htm#p245.00 Harassment - Self Explanatory - http://ypdcrime.com/penal.law/article240.htm#p240.25 Aggravated Harassment - harassment over the phone or may unnecessary physical contact 12 Common Summonsable Offenses Consumption of Alcohol on the Street - Open Container Disorderly Conduct - engages in fighting or in tumultuous conduct Bicycle on Sidewalk Failure to Comply with Sign in Park Offensive Matter in Street (urinating in public) Trespass Unlawfully in Park After Hours Littering Permit Unlicensed Operation of Vehicle Unreasonable Noise Unlicensed General Vendor Operation of Motor Vehicle with Suspended Registration Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted June 11, 2020 Author Share Posted June 11, 2020 Saratoga gun laws Subject Handguns Long Guns Notes Permit required Yes No Shall issue Purchase permit required No No Registration of firearm Yes No Open carry allowed Yes Yes Rural areas only Background checks on private gun sales required No No Magazine size restriction No No Carry In Vehicle SEE DETAILS* Must Notify Officer YES Carry In State Parks Allowed YES No Weapons Signs Enforced YES Open Carry Permitted RURAL ONLY Carry In Liquor Establishments YES Constitutional Carry NO *If carrying in vehicle without permit weapon must be unloaded in trunk. CCW Requirements The applicant must be 21 years of age or older with a picture I.D. for proof The applicant must be a resident of County application is filed it for at least 90 days The application must have no criminal convictions or history of domestic violence. The applicant must be of good character and reputation; acting in a manner that will not be dangerous to public safety. You are not a habitual drunkard or addicted to or user of illict drugs or a stimulant, depressant or narcotic drug. Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted June 11, 2020 Author Share Posted June 11, 2020 Traffic Laws in Saratoga Speed limits Saratoga does not have a separate speed for trucks or nighttime. 55 mph in rural areas 35 mph within city limits 20 mph in downtown areas 55 mph on undivided roads 65 mph on divided roads 70 mph on freeways (interstate and non interstate) Distracted Driving Laws Saratoga Prohibits texting while driving in addition using a cellphone without a hands free device moving violation. Misc Saratoga is a right on red state License and Permit ages Learners permits can be obtained at the age of 16 and full drivers licenses can be obtained at 16 after passing a road test and passing a drivers education course. Registration and insurance Car registrations are required and must be renewed every 2 years insurance is mandatory. If a car does not have these they can be impounded DUI Driving While Intoxicated (DWI) .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication. Aggravated Driving While Intoxicated (Aggravated DWI) .18 BAC or higher Driving While Ability Impaired by Alcohol (DWAI/Alcohol) More than .05 BAC but less than .07 BAC, or other evidence of impairment. Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination) Chemical Test Refusal A driver who refuses to take a chemical test (normally a test of breath, blood or urine). Zero Tolerance Law A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law. VIOLATION MANDATORY FINE MAXIMUM JAIL TERM MANDATORY DRIVER LICENSE ACTION Aggravated Driving While Intoxicated (AGG DWI) $1,000 - $2,500 1 year Revoked for at least one year Second AGG DWI in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least 18 months Third AGG DWI in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least 18 months Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 - $1,000 1 year Revoked for at least six months Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 - $1,000 1 year Revoked for at least six months Second DWAI-Combination in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year Third DWAI-Combination in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year Driving While Ability Impaired by Alcohol (DWAI) $300 - $500 15 days Suspended for 90 days Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least six months Third or subsequent DWAI within 10 years (Misdemeanor) $750 - $1,500 180 days Revoked for at least six months Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21 Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers. Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. Chemical Test Refusal - Zero Tolerance Law $300 civil penalty and $100 re-application fee None Revoked for at least one year. Chemical Test Refusal - Second or subsequent Zero Tolerance Law $750 civil penalty and $100 re-application fee None Revoked for at least one year. Driving Under the Influence (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. Driving Under the Influence (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted June 11, 2020 Author Share Posted June 11, 2020 Saratoga Drug laws Crime Degree Conduct Penalty Possessing controlled substances (NY Penal §§ 220.03 to 220.25) 7th degree Possessing a controlled substance Class A misdemeanor ● Up to 1 year in prison ● Up to $1,000 5th degree (New York does not have a 6th degree crime) Possessing: ● a controlled substance with intent to sell ● at least ½ oz preparations containing narcotics preparations ● at least 50 mg phencyclidine (PCP) ● at least ¼ oz concentrated cannabis preparation ● at least 500 mg cocaine ● at least 1,000 mg ketamine ● ketamine with a prior conviction of ketamine possession ● at least 28 g of gamma hydroxybutyric acid (GHB) Class D felony ● 1 to 2.5 years in prison ● Alternate penalty of up to one year ● Up to $5,000 4th degree Possessing at least: ● ⅛ oz preparations containing a narcotic drug ● ½ oz preparations containing methamphetamine or its precursors ● 2 oz preparations containing narcotics preparations ● 1 g stimulants ● 1 mg lysergic acid diethylamide (LSD) ● 25 mg hallucinogen ● 1 g hallucinogenic substance ● 10 oz dangerous depressant ● 2 lbs of depressants ● 1 oz of concentrated cannabis preparation ● 250 mg PCP ● 360 mg methadone ● 50 mg PCP with intent to sell and prior conviction of a drug offense ● 4,000 mg ketamine ● 200 g GHB Class C felony ● 1 to 5.5 years in prison ● Alternate penalty of up to one year ● Up to $15,000 Table 1 (continued) Crime Degree Conduct Penalty 3rd degree Possessing: ● a narcotic with intent to sell ● a stimulant, hallucinogen, hallucinogenic substance, or LSD with intent to sell and a prior drug conviction ● at least 1 g stimulant with intent to sell ● at least 1 mg LSD with intent to sell ● at least 25 mg hallucinogen with intent to sell ● at least 1 g hallucinogenic substance with intent to sell ● at least ⅛ oz preparations containing methamphetamine or its precursors with intent to sell ● at least 5 g stimulants ● at least 5 mg LSD ● at least 125 mg hallucinogens ● at least 5 g hallucinogenic substance ● at least ½ oz preparations containing a narcotic drug ● at least 1,250 mg PCP Class B felony ● 1 to 9 years in prison ● Alternate penalty of up to one year ● Up to $30,000 2nd degree Possessing at least: ● 4 oz preparations containing a narcotic drug ● 2 oz preparations containing methamphetamine or its precursors ● 10 g stimulants ● 25 mg LSD ● 625 mg of a hallucinogen ● 25 g hallucinogenic substance ● 2,880 mg methadone Class A-II felony ● 3 to 10 years in prison ● Up to $50,000 1st degree Possessing at least: ● 8 oz preparations containing a narcotic drug ● 5,760 oz of methadone Class A-I felony ● 8 to 20 years in prison ● Up to $100,000 Possessing precursors of controlled substances (NY Penal § 220.60) - Possessing certain precursors of controlled substances with intent to make a controlled substance Class E felony ● 1 to 1.5 years in prison ● Alternate penalty of up to one year ● Up to $5,000 Crime Degree Conduct Penalty 2nd degree Possessing more than 16 oz of marijuana preparations Class D felony ● 1 to 2.5 years in prison ● Alternate penalty of up to one year ● Up to $5,000 1st degree Possessing more than 10 lbs of marijuana preparations Class C felony ● 1 to 5.5 years in prison ● Alternate penalty of up to one year ● Up to $15,000 Quote Link to comment Share on other sites More sharing options...
Z. Russo 11 Posted December 26, 2020 Author Share Posted December 26, 2020 Released 1 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.