MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

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1 MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY POLICY AND PROCEDURE # 46 SUBJECT: Service of Legal Process EFFECTIVE DATE: 1 January 1999 PAGE 1 OF 8 REVIEW DATE: 30 November 2017 APPROVED: CHANGE DATE: 7 January 2009 THE POLICIES AND PROCEDURES INCLUDED IN THIS MANUAL ARE NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED ON AS SUCH. THESE POLICIES AND PROCEDURES ARE SUBJECT TO AND MAY BE CHANGED AT ANY TIME BY THE DEPARTMENT OF PUBLIC SAFETY, MEDICAL UNIVERSITY OF SOUTH CAROLINA. A. Purpose B. Policy To ensure efficiency of information, accuracy, timeliness, and accessibility in the execution of warrants. It is the responsibility of all officers of the Department of Public Safety to execute warrants in a timely and lawful manner. Occasionally, local police and attorneys must serve legal process on employees, or students, while they are on-duty or in class. Legal process means any legal document or procedure, including warrants, subpoenas, notice of deposition, interviews or any other matter of a legal nature, with or without paperwork. (CALEA b) Sometimes the unrestricted access to employees and students, by persons serving legal process, tends to interfere with normal activities and work schedules. Therefore, it will be the policy of this Department to assist the serving agency and the employee/student involved to minimize as much as possible, inconvenience and disruption of work schedules and activities. (CALEA b) The General Counsel's Office at MUSC ( ), 274 Calhoun Street (Anderson House), will serve as the "clearing house" for the acceptance of all service of process and other requests of a legal nature pertaining to the University. (CALEA b) he Legal Affairs Officer at Hospital Authority and UMA ( ), 274 Calhoun Street (Anderson House), will serve as the "clearing house" for the acceptance of all service of 1

2 process and other requests of a legal nature pertaining to the Authority. (CALEA b) C. Procedures Anytime the assistance of this office is requested in serving legal process, or if this Office learns through any source that an individual is on campus to serve legal process, the following procedures will be followed: 1. During normal duty hours, hours, a Public Safety Investigator, or Officer, will be assigned to assist the Serving Agency Representative. 2. The representative will be escorted to the appropriate Legal Office, where the documents or request will be reviewed. 3. The Legal Office will determine the kind and nature of assistance to be provided. If the process involves a Hospital employee or patient, the On-Call Administrator must be contacted before proceeding. The Public Safety Investigator/Officer will comply with the instructions provided by the Legal Office or Administrator. This may entail escorting the Representative to some other location for the serving of papers, conducting interviews, obtaining documents, taking photographs, fingerprints, depositions, or serving an arrest warrant. 4. If at all possible, arrest warrants should be served at Public Safety Headquarters on Doughty Street. However, if the arresting officer insists on serving the warrant immediately in the work place, this department has no legal authority to interfere. Any extenuating circumstances concerning the person to be arrested must be fully explained to the arresting officer. 5. If the request for assistance occurs after normal duty hours, make the following notifications: a. Hospital Employee: Hospital Safety and Security Coordinator. b. University Employee: Appropriate supervisor or director if the supervisor is not available. 6. If the request for assistance involves taking a mentally ill person into custody, two officers will be assigned to assist. 7. Every effort will be made by members of this Department to cooperate fully with any police agency in the performance of official duties. Nothing in this directive will be used as the authority to interfere with lawful criminal Information. In case of an unusual situation, or if there are any doubts, request assistance through the Chain of Command. 2

3 8. It is extremely important that all requests for assistance be acted upon without delay. This is especially important regarding matters of a criminal nature. 9. After assistance has been provided, accomplish an incident report (PSD-17). D. Department Warrants 1. Access to Warrants The Department of Public Safety's warrants will be maintained in the warrant file located in the Communications Center. Warrants are accessible to Department personnel on a 24-hour a day/seven days per week basis. (CALEA f) 2. Recorded Information a. Once a warrant is issued to the Department of Public Safety, it will be immediately submitted to a supervisor or to an investigator, who will complete a Warrant Information Sheet (PSD38) and either arrange for its immediate execution or place it in the warrant file. Warrants will be entered in the NCIC Wanted Persons File. (CALEA a) b. The Warrant Information Sheet will contain, at a minimum, the following: (CALEA ) 1) date and time received; (CALEA a) 2) type of legal process (criminal); (CALEA b) 3) nature of document (arrest or bench); (CALEA c) 4) source of document; (CALEA d) 5) name of defendant; (CALEA e) 6) officer(s) assigned for execution; (CALEA f) 7) date of assignment; (CALEA g) 8) court docket number, if any; and (CALEA h) 9) date service due, if any. (CALEA i) 10) Warrant Number(s) 3

4 c. Warrant Information Sheets will be attached to the warrant, recorded in the Warrant Log Book, and filed alphabetically by the last name in the warrant file. d. The Duty Communications Specialist is responsible for ensuring that all warrants for subjects are signed out for attempted execution. e. Anytime a warrant is removed from the file, a signature must be made in the Warrant Log Book by the officer removing the warrant. f. A warrant is to be returned to the warrant file after appropriate attempts to execute the warrant have been unsuccessful and will be filed in the warrant file until: (1) the warrant is canceled by the court; (2) executed by an officer; or (3) reassigned for additional attempts at execution. (CALEA c) 3. Records on Execution and Attempted Execution of Warrants a. Records will be kept on the execution and attempted execution of warrants. This record is on the reverse side of the Warrant Information Sheet. The Warrant Information sheet is contained as a template under New / Investig and is completed by simply filling in the template. The records will note the following information: (CALEA ) 1) date and time executed/attempted (CALEA a); 2) name of the officer(s) executing or attempting to execute the warrant (CALEA b); 3) to whom executed (CALEA c); 4) method of execution/reason not executed (CALEA d); and 5) location where executed/attempted (CALEA e). b. All information will be recorded on the Warrant Information Sheet. 1) If the warrant is executed, the arresting officer will complete the Warrant Information Sheet and submit the sheet to the Records Section attached to the booking report. 2) If the warrant is canceled by the court, the employee who is notified of the cancellation will be responsible for removing the warrant 4

5 5 from the file, completing the Warrant Information Sheet, completing a supplemental to the required report, and forwarding them to the Records Section. The warrant will be returned to the issuing court. The officer must also have any NCIC Wanted Persons File entry canceled, if applicable. (CALEA e) c. The Records Section will file completed Warrant Information Sheets. d. After any warrant is executed, the arresting officer will be responsible for ensuring that the warrant is removed from the NCIC Wanted Persons File if such entries were made. 4. Warrant Execution Outside Charleston County a. Generally, warrants for subjects residing outside Charleston, but in South Carolina, may be forwarded to the appropriate local law enforcement agency with a request for their assistance in its execution. This may be done by mail or in person. (CALEA a) b. Officers desiring to execute warrants in other South Carolina jurisdictions must get their supervisor's approval. The officer should contact the law enforcement agency with primary jurisdiction and request them to accompany the warrant execution. The officer must get the warrant countersigned by a magistrate from the other jurisdiction. (CALEA a) c. In those cases where a subject on the MUSC Campus is found to have an outstanding warrant from another South Carolina jurisdiction, the information must be verified before an arrest is made. In these cases, the Dispatcher or the officer will telephone the local jurisdiction to determine if the warrant is still active. If confirmed, the dispatcher or the officer will request a confirmation be sent over the teletype system. If the warrant is from a jurisdiction outside South Carolina the confirmation may be made by teletype only. A copy of the warrant may also be faxed to the Department. A "hold" for the other agency will be placed on the subject and a copy of the teletype should be given to the detention center. d. Execution of warrants for fugitives from this state or upon fugitives from another state must be made in compliance with SC Code of Laws, Section The officer must sign a fugitive warrant on the subject. (CALEA b and d) 5. Execution of Arrest Warrants (CALEA ) a. Warrant Information Sheet

6 1) Any officer wishing to execute an outstanding warrant may do so. The warrant may be removed only after it has been signed out in the Warrant Log Book. 2) When not signed out the actual warrant will be retained in the warrant file until executed, or canceled by the court. 3) A copy of the warrant will be given to the defendant as soon as practical after execution. 4) As officers attempt to execute a warrant, notations of the officers' actions or attempts to serve the warrant must be noted on the Warrant Information Sheet. 5) Officers will verify that a warrant is still active prior to executing an arrest on the warrant. (CALEA d) b. Execution 1) The Shift Supervisor will be responsible for ensuring that all warrants are assigned to an officer for execution. 2) Warrants may be executed at any place within the MUSC Campus by any officer. 3) Two officers should be present, whenever possible, when attempting to execute a warrant. 4) If attempting to execute a warrant outside the county of its origin, the warrant must first be countersigned for service and the local law enforcement agency will be requested to assist in the execution of the warrant. 5) Officers may not execute warrants that they have signed as affiants. They may assist other officers in executing the warrant. 6) Officers may use only the minimum force necessary to effect the arrest while executing a warrant. c. Forcible Entries 1) If there is a warrant for a subject and the officer knows the subject is in his/her residence, at the address shown on the warrant, forcible 6

7 7 entry may be used only after notice of the intention to make an arrest is given and admittance is denied, unless exigent circumstances exist which would appear to endanger the officers or others if an announcement is made. 2) If there is a warrant for a subject and the officer knows the subject is in another's residence, forcible entry of the other's residence is not permitted. Unless exigent circumstances exist or the owner or someone allowed to grant permission is present and permits entry, a search warrant would be required to gain entry and make the arrest. 3) Because of officer access to building managers and/or keys, forcible entry should only be considered in exceptional situations and will not be accomplished without the approval of a Supervisor. 6. Immunity From Arrest SC Code of Laws restricts the physical arrest of persons engaged in, attending, going to or returning from military, militia, or court duty; any congressman or senator, attending, going to or returning from a legislative session. Exceptions to the above are: treason, felony, or breach of the peace. However, process may be served without actual arrest. 7. Defining Who Executes Warrants Only sworn police officers will execute arrest warrants. (CALEA ) 8. Civil Process All civil process will be served by deputies from the appropriate county sheriff's office as directed by SC Code of Laws If MUSC officers are so requested, an officer may accompany sheriff's deputies to serve a civil process or to provide back-up to a deputy making a civil arrest. An incident report, "Assisting Other Agency", would be prepared in those situations. Only sworn officers are authorized to execute a writ requiring the seizure of real personal property or to make a civil arrest on the MUSC Campus. At least two officers should be present when seizing real or personal property under authority of a writ. (CALEA , ) 9. Property a. All property obtained through the legal process, i.e., search warrants, warrantless searches, vehicle inventories or seized for safekeeping, will be handled in accordance with Department policy and procedure.

8 b. All property obtained through the legal process function is disposed of pursuant to SC Code of Laws and Department policy. (CALEA ) 8