DIRECTIVE 5.12 - 1

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.12

SUBJECT: STALKING ______________________________________________________________________________

1. POLICY A. It is the policy of the Philadelphia Police Department to accurately report and

aggressively investigate all reports of stalking. Any time a victim reports any type of

harassing, threatening, or menacing behavior, the responding officer should consider

the possibility of stalking. The Police Department’s ultimate goal is to increase police

awareness of stalking and take proper police action when stalking is determined.

B. In every assignment alleging stalking, the first officer on the scene will advise the

victim of safety measures, and the appropriate social services as listed in Appendix B

of this Directive. In domestic violence cases, the first officer on the scene shall advise

the victim of the proper procedure for seeking a Petition for Protection From Abuse

(PFA) or a Restraining Order in non-domestic situations and provide the victim with

the Notice of Rights/Referral Card (75-MISC.-4) for Domestic Abuse Victims. The

officer will ensure the procedures of Directive 3.9, “Domestic Abuse and Violence”

are adhered to.

C. It is the policy of the Philadelphia Police Department to arrest perpetrators of stalking.

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2. DEFINITIONS A. According to Pennsylvania Criminal Statutes (§ 2709.1), stalking is defined as:

1. Stalking: A person commits the crime of stalking when that person engages in a

course of conduct or repeatedly commits acts toward another person, including

following the person without proper authority, under circumstances which

demonstrate either an intent to place the person in reasonable fear of bodily injury

or an intent to cause substantial emotional distress to the person. A course

of conduct is more than one act, but may occur in a very short period of time.

2. Stalking by Communication: A person commits stalking by communication

when that person engages in a course of conduct or repeatedly communicates to

another under circumstances which demonstrate or communicate either an intent

to place the person in reasonable fear of bodily injury or an intent to cause

substantial emotional distress to the person.

Issued Date: 04-25-14 Effective Date: 04-25-14 Updated Date:

DIRECTIVE 5.12 - 2

B. Grading of Stalking Offenses: A first stalking offense is a misdemeanor. However,

stalking is upgraded to a felony when:

1. It is a second or subsequent offense (arrest or conviction);

2. The suspect has previously been convicted of any crime of violence against the

same victim;

3. The suspect has violated a Protection From Abuse Order (PFA).

NOTE: Since stalking is a felony in these instances, officers may make a

warrantless arrest of the perpetrator whenever they have probable

cause to believe the offense occurred.

C. Stalking Behaviors: Stalking is a “course of conduct” or a “pattern of behavior.”

Stalking can consist of a wide variety of criminal and non-criminal behavior. Stalking

laws criminalize otherwise non-criminal behavior, such as sending a letter, making

phone calls, or initiating other contacts when the behavior is part of a pattern that

creates an implicit or explicit threat to the victim. Generally, stalking is an escalating

series of actions and incidents. Common stalking behaviors include, but are not limited

to:

1. Violations of a PFA and/or a protective order from another jurisdiction.

2. Repeated harassing, threatening, or obscene telephone calls to the victim.

3. Mailing of un-welcomed or un-solicited cards, letters, e-mail or gifts to the victim.

4. Spying or monitoring of the victim’s activities 5. Trespassing.

6. Burglary of the victim’s home (often there is no forced entry because the

stalker may have a key).

7. Following the victim on foot or in a vehicle.

8. Showing up at the victim’s place of employment or other frequented

establishments.

9. Making repeated slanderous statements or false reports concerning the victim to the

victim’s work, police or judicial authorities.

10. Delivery of objects to the victim intended to cause fear to that victim (these

objects, taken out of context, may seem innocent or harmless to outsiders).

11. Threats made to the victim (either direct, veiled, or conditional).

12. Vandalism or theft of the victim’s property, home, vehicle, workplace, or vandalism to the property, etc., of any friend or family member who helps the

victim, especially by allowing the victim to stay at their home.

13. Vandalism affecting the security of the victim’s home, such as unscrewing outside lights or disabling the alarm system.

14. Disabling the victim’s vehicle(s). 15. Transferring the victim’s phone line to another line in order to monitor messages, or disabling the phone or planting listening devices in the victim’s home.

16. Filing “change of address” forms at the Post Office under the victim’s name in order to “intercept” the victim’s mail.

DIRECTIVE 5.12 - 3

17. Harassing or threatening the victim by use of computers, the Internet or social

media sites. D. Other Applicable Laws

1. State statutes: Incidents that could be part of a stalking problem include such crimes as:

a. Domestic violence b. PFA violations

c. Assault

d. Harassment

e. Terroristic threats f. Attempted murder g. Sexual assault h. Kidnapping

i. Vandalism

j. Wiretapping or utility theft k. Burglary

l. Theft m. Identity theft n. Child abuse

o. Hate crimes

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3. POLICE OFFICERS RESPONSIBILITIES A. Any time a victim reports any type of harassing behavior, the officer should be thinking

about the possibility of stalking. Additional questions should be asked to determine

whether this is an isolated incident or repeated conduct (NOTE: It is not uncommon for

a victim to put up with harassing behavior for some time before finally calling the

police). When a report is made, the officer should suspect the likelihood of prior

behavior.

B. Victims of stalking can be male or female. If the victim expresses a fear of the suspect,

these fears should be taken seriously and a detailed inquiry made to determine the

origin of the fear. Male victims, in particular, feel that their fears are often minimized

by police, which leads to less likelihood of the victim reporting future occurrences.

C. Officers should thoroughly question the complainant about the following:

1. Prior threats made.

2. Actual pursuit of the victim.

3, History of violence against the victim or others.

4. History of Protection From Abuse or Protective/Stay Away Order violations.

5. Un-initiated and annoying phone calls (Except telemarketers).

6. Unsolicited correspondence.

DIRECTIVE 5.12 - 4

7. Acts of vandalism or arson.

8. Is the victim in fear of the suspect?

1. Initial victim interview: The officer should interview the victim and record as

much of the following information as is available on the 75-48:

a. If the incident involved a domestic situation, ensure a 75-48D is completed in

its entirety and the guidelines of Directive 3.9, “Domestic Abuse and Violence”

are followed.

b. Any prior threats made to the victim (direct or indirect). Develop a timeline of

the stalking behaviors towards the victim.

c. Any actual pursuit or following of the victim.

d. Is the victim well known to the suspect? Does the suspect know about the

victim’s work, home, personal lifestyle, patterns of living, daily comings and

goings?

e. Any history of violence against the victim or anyone connected to the victim.

f. Any history of PFAs and/or PFA violations.

g. Any information regarding the suspect’s mental illness, substance abuse

problems, or tendency towards emotional outbursts or rage.

h. Suspect’s possession of, knowledge of, or fascination with weapons.

i. Any unsolicited harassing phone calls made by the suspect to the victim or

anyone connected to the victim.

j. Any unsolicited correspondence, threatening or non-threatening, from the

suspect to the victim.

k. Threats of murder and/or suicide by the suspect.

l. Any acts of vandalism committed by the suspect against the victim or anyone

connected to the victim. (Refer to Directive 4.1 “Responsibilities at Crime

Scenes” when necessary).

m. Is the victim in fear? If the victim is afraid of the suspect, is that degree of

fear shared by the victim’s friends, family, and colleagues?

n. Has there been an escalation in stalking behavior, including:

1) Enlisting others to monitor the victim’s behavior. (Not only the offender’s

friends, family, and coworkers; but also the victim’s friends, family, and/or

co-workers.)

2) Increased contact or threats to the victim’s friends, relatives, or co-

workers?

3) Increased following, spying, staking out, or other stalking?

4) Increased attempts to communicate by mail or telephone, or through third

parties? (These communications do not have to be threats. They can be

statements such as: “I was so wrong, I don’t know what came over me,

Can you ever forgive me, Let’s work it out together” messages, or the

presentation of messages, flowers, gifts, etc.)

DIRECTIVE 5.12 - 5

2. Arrest Decisions:

a. General Arrest Powers: Responding officers will arrest the suspect as

authorized by law. If an arrest is not made, the incident report must articulate

why the suspect was not arrested.

b. Warrantless Arrests: Under the following circumstances, an officer

is authorized to make arrests without warrants.

1) Officer observes commission of felony or misdemeanor.

2) Officer does not observe the offense, but has probable cause

to believe suspect has committed a felony

3) Officer does not observe the offense, but has probable cause to believe

that the suspect has committed one of the domestic violence crimes

enumerated at 18 Pa.C.S. § 2711, authorizing arrest without a warrant.

The officer may not arrest pursuant to this section without first observing

recent physical injury to the victim or other corroborative evidence.

The listed crimes are:

a) Involuntary Manslaughter, PCC § 2504

b) Simple Assault, PCC § 2701

c) Aggravated Assault, PCC § 2702 (a) (3-5)

d) Reckless Endangerment of Another Person, PCC§ 2705

e) Terroristic Threats, PCC § 2706

f) Stalking, PCC § 2709.1

D. Police should advise complainants of the following security measures:

1. Stop all contact with the suspect

2. Obtain a Protection From Abuse (PFA), or Protection/Restraining Order (Stay

Away Order) from the court

3. Obtain an answering machine/caller I.D.

4. Alter schedule and routes traveled

5. Stay with a friend or relative

6. Obtain protective devices (dog/mace)

7. Contact telephone security for tracing procedures

8. Change personal E-mail address(s)

9. Advise friends, relatives, neighbors, employer, and/or colleagues of the problem

and provide a photo to them of the suspect and have them call 9-1-1

10. Keep a diary of all attempts to contact victim by the suspect, including dates,

times, witnesses, evidence, etc.

11. Advise the victim to retain all evidence (cards, letters, recordings, etc.)

DIRECTIVE 5.12 - 6

E. Report to Supervisor and/or District Operations Room Supervisor:

1. In any case where the patrol officer has not made an arrest, but probable cause

exists and the suspect is not on the scene, the officer will notify the patrol

supervisor and provide the appropriate flash information. In addition, the officer

will ensure that the 75-48 or 75-48D is submitted to the District Operations Room

Supervisor immediately rather than at the end of the shift.

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4. DISTRICT OPERATIONS ROOM SUPERVISOR (ORS) A. Review all 75-48 and 75-48Ds that are submitted and ensure that:

1. The reports contain complete and specific information of the incident.

2. The report is properly coded pursuant to the Philadelphia Police Department’s

Incident Classification Manual (UCR).

3. The Report-To-Follow box is checked off on all stalking 75-48s and forwarded to

the pertinent Detective Division or unit.

4. All 75-48Ds are properly coded and forwarded to the VAO officer and the

Detective Division of occurrence DOM Team (Refer to Directive 3.9 “Domestic

Abuse and Violence” Section 7).

5. Ensure that the pertinent information and coding of 75-48s and 75-48Ds are

entered into the INCT.

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5. VICTIM ASSISTANCE OFFICERS (VAO) A. Upon discovery of a possible stalking incident, the Victim Assistance Officers will:

1. Obtain a copy of the 75-48 or 75-48D of all previous complaints.

2. Contact the assigned Domestic Violence Detective when possible prior to making

contact with the household.

3. Check the Court Records to determine if there is a protection order is already in

place.

a. If a protection order is in place, determine if the order is being violated. If the

incident is determined a violation of the order, contact the Domestic Violence

Team for further investigation.

DIRECTIVE 5.12 - 7

4. Contact the complainant by phone or personal visit and interview the person(s)

listed as complainants on the 75-48 or 75-48D.

a. Based on your interview determine if a crime has been committed.

1) If a crime has been committed immediately contact the Detective Domestic

Violence Team.

b. Explain to the complainant how to obtain a Protection From Abuse Order.

c. Make referrals to the appropriate social service organizations and shelters for

women, men, and/or families. Refer to Appendix “B” of this directive.

d. Make referrals to the appropriate Victim Services Agency.

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6. DOMESTIC VIOLENCE TEAM DETECTIVES A. Domestic Violence Teams are a domestic violence investigative component of each

Detective Division. The primary objective of these teams is to reduce re-victimization

as well as prevent violence by aggressively investigating the below crimes.

B. The Domestic Violence Team will investigate the following crimes as they relate to

domestic / same household relationships and/or stalking incidents independent of the

relationship.

1. Aggravated Assault

2. Assault

3. Kidnapping/Abductions

4. Domestic Hostage situations

5. Elder Abuse

6. Violations of Protection from Abuse Orders (PFA)

7. Stalking

NOTE: A report of stalking may or may not be domestic related but past

experience has shown that the vast majority of stalking incidents are

committed by or involves persons known to the victim through a personal

or business relationship. Other stalking incidents may be committed by a

stranger who has developed an obsession toward the victim. All reports

are to be investigated with the safety of the victim being paramount,

regardless of the victim’s relationship to the suspect.

C. When the Domestic Violence Team Detectives are not available, the detective

supervisor will ensure the incident is immediately investigated and the appropriate

actions are taken and documented before referral to the Domestic Violence Team

Detectives.

DIRECTIVE 5.12 - 8

D. Domestic Violence Team Detectives will:

1. Review all paperwork prepared by the initiating officer.

a. Obtain copies of the “9-1-1” tapes when needed.

2. Contact the victim as soon as possible and obtain a signed statement on the

Investigation Interview Record form (75-483).

a. The following additional items should be addressed in the interview:

1) Describe the relationship of the victim/offender.

2) Prior history of abuse or activity that amounts to stalking.

3) Protection Order number and specific instructions on the order.

4) Have the complainant describe any injuries and the exact method used by

the offender to inflict those injuries.

5) Any other addresses and phone numbers at which the complainant can be

contacted.

6) Whether the offender or complainant have access to any firearms, legally

or otherwise.

NOTE: If the offender has a Permit to Carry and the actions of the suspect

indicate a public safety issue (public drunkenness, substance abuse,

mental incapacity, etc) and there is no arrest or active PFA order,

forward to the Commanding Officer of the Gun Permits Unit a copy of

the 75-48or 75-48D and 75-49 with a memorandum outlining the

aberrant behavior. The Gun Permits Unit can review the information

and determine if conditions exist to revoke the suspect’s permit to

carry a firearm.

3. Take photos of victim’s injuries.

a. Photograph any injuries of the victim that are visible or complaints of areas

bruised/injured as a result of the domestic violence incident. Injuries on the

victim may be photographed a day or two after the incident when bruises may

be more visible

4. Communicate with a supervisor, relaying all pertinent information regarding the

status of an assigned case.

5. Ensure that another detective/unit is not duplicating your investigation.

6. Interview all witnesses on the Investigation Interview Record form (75-483).

DIRECTIVE 5.12 - 9

7. Coordinate efforts with necessary district personnel, Crime Scene Unit, Special

Victims Unit, or pertinent unit in the Department, in order to ensure the continuity

of the investigation.

8. Ensure the INCT has been updated to reflect the proper UCR coding.

9. Identify the offender(s) who have committed the crime.

10. Check the gun permit file for the offender and complainant.

a. If the offender has a permit to carry a firearm and is being arrested for a crime,

the permit will be confiscated and sent, along with a copy of the 75-48 or

75-48D and 75-49 and/or PARS Report with a cover memo, to the

Commanding Officer, Gun Permits Unit. The Gun Permits Unit can review the

permit and take the appropriate steps to have it revoked.

11. Check domestic violence files for prior history of domestic violence involving the

offender and/or the victim. Consult other computer files such as the Criminal

History file, AMNI, PDCH, and the Juvenile History file.

12. After identifying the offender(s) and establishing probable cause, consult with the

on duty detective supervisor, obtain an arrest warrant and take the appropriate steps

to arrest the suspect.

a. After obtaining a rights waiver on Formal Statement Rights Warning/Waiver

Forms (75-331 D/E), interview the offender and take a written statement on the

75-483. This will help the successful prosecution of cases when the

complainant refuses to testify against their abuser. (Refer to procedures outlined

in Directive 5.23, “Interviews and Interrogations – Rights of Individuals and

Duties of Law Enforcement.”)

b. After consultation with the on-duty detective supervisor, determine the need for

a search warrant.

13. Check the wanted file, to include probation/parole status of offender.

14. Examine any physical evidence collected; consult reports submitted by Firearm

Identification Unit (FIU), Office of Forensic Science or any other unit/agency,

which is assisting in the investigation.

15. Have the complainant sign the appropriate medical records release forms and

obtain medical records related to the crime.

16. When appropriate, provide the complainant with a copy of Rights/Referral Card

(75-Misc.-4), for Domestic Abuse Victims, make referrals to the appropriate

Victim Service Agency and provide one copy of the Law Enforcement Victim

Rights Guide (Refer to Directive 3.9, “Domestic Abuse and Violence”).

DIRECTIVE 5.12 - 10

a. Re-affirm the need for obtaining a Protection from Abuse order, if one is not

already in place.

17. Obtain copies of reports for previous reports concerning the complainant/victim.

18. Complete and submit all reports in a timely manner, in accordance with current

Police Department directives and guidelines.

19. Ensure the INCT has been updated to reflect the current status and coding.

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RELATED PROCEDURES Directive 3.9, Domestic Abuse and Violence

Directive 4.1, Responsibilities at Crime Scenes

Directive 5.23, Interviews and Interrogations – Rights of

Individuals & Duties of Law Enforcement

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BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________

DIRECTIVE 5.12 - 1 APPENDIX “A”

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.12

APPENDIX ‘”A”

SUBJECT: STALKING INVESTIGATION PROCEDURES ______________________________________________________________________________

1. STALKING INVESTIGATION PROCEDURES

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BY ORDER OF THE POLICE COMMISSIONER ______________________________________________________________________________

Issued Date: 04-25-14 Effective Date: 04-25-14 Updated Date:

CALL TO POLICE DEPARTMENT

POLICE RESPOND

POLICE REPORT (48 or 48D) TO DETECTIVES AND TO

THE VICTIM ASSISTANCE OFFICER

DETECTIVE INTERVIEWS VICTIM AND CONDUCTS INVESTIGATION

ARREST IS WARRANTED NO ARREST IS WARRANTED

AND THE COMPLAINANT IS

ADVISED. THE INVESTIGATION

REPORT IS ON FILE FOR

FUTURE REFERENCE. DETECTIVE NOTIFIES THE DISTRICT

ATTORNEY’S CHARGING UNIT (DACU)

AN ARREST WARRANT FOR SUSPECT IS

OBTAINED FROM THE BAIL COMMISSIONER

SUSPECT IS ARRESTED AND BROUGHT

INTO THE PERTINENT DETECTIVE DIVISION

DEFENDANT ENTERS THE COURT SYSTEM

DIRECTIVE 5.12 -1 APPENDIX “B”

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.12

APPENDIX “B”

SUBJECT: STALKING - LIST OF REFERRAL NUMBERS ____________________________________________________________________________________

Philadelphia Domestic Hotline 1-866-723-3014

Lutheran Settlement House: Bilingual Domestic Violence Project (215) 426-8610

Bi-Lingual Domestic Violence Program

Individual counseling and support groups in English and Spanish

Women In Transition (215) 751-1111 Domestic Violence and/or substance abuse counseling for women

Congreso de Latinos Unidos (215) 763-8870 Latina Domestic Violence Program

Counseling and support for English and Spanish speaking women and children.

OTHER PHONE NUMBERS (NOT 24 HOURS)

Police Department’s Victim Services Division (215) xxx-xxxx/xxxx

District Attorney’s Office Victim Services Unit (215) xxx-xxxx

Philadelphia Legal Assistance (215) xxx-xxxx

Women Against Abuse Legal Center (215) xxx-xxxx

Women’s Law Project (215) 928-9801

Menergy (A Program for Abusive Individuals) (215) 242-2235 (English)

(215) 625-6135 (Spanish)

TO FILE FOR A PROTECTION FROM ABUSE ORDER (PFA)

Monday through Friday 8:00 AM to 5:00 PM: 1501 Arch Street

IN AN EMERGENCY OR ANY OTHER TIME: Criminal Justice Center, 1301 Filbert Street

Room B-03, (215) xxx-xxxx

_____________________________________________________________________________________________

BY ORDER OF THE POLICE COMMISSIONER ______________________________________________________________________________

Issued Date: 04-25-14 Effective Date: 04-25-14 Updated Date: