AMBER Alert: the four criteria and the 24-hour deadline

It is the public alert plan for child kidnappings. The enabling law is short and its value to a family lies in two concrete things: the four criteria the Police must find before issuing the alert, and the twenty-four hour deadline from when the complaint is filed.

The alert covers the kidnapping of a minor under eighteen (18). The law does not require the reporter to be a relative: the Police of Puerto Rico, as the Plan’s primary entity, determine whether the alert lies.

• That the victim be under eighteen (18) years of age.Verified against the official source
• That the Police of Puerto Rico have determined a minor has in fact been kidnapped.Verified against the official source
• That the minor be in serious danger of bodily harm or death.Verified against the official source
• That there be sufficient available and helpful information for the alert to be useful.Verified against the official source

Information pending verification.

1. 1

   Step 1: The four criteria must concur

   The law’s word is “concur”: one is not enough. The victim must be under eighteen; the Police must have determined a minor has in fact been kidnapped; the minor must be in serious danger of bodily harm or death; and there must be sufficient available and helpful information for the alert to be useful. That fourth criterion is the one that depends most on what you provide.

2. 2

   Step 2: What the alert will broadcast

   Worth knowing so you gather that from the first moment. “Alerts shall include information on the description of both the victim and the suspect; the vehicle allegedly used, and the direction it was traveling.” That list is, in practice, what makes the fourth criterion met.

3. 3

   Step 3: Twenty-four hours from the complaint

   The law sets the deadline with a condition: “Alerts must be broadcast within no more than twenty-four (24) hours, from when the complaint is filed with the Puerto Rico Police Bureau, so long as it does not compromise the person’s safety or this is the most appropriate mechanism for the ongoing investigation, as determined.” The clock runs from the complaint, not from the disappearance.

4. 4

   Step 4: The Police decide whether it lies

   The law is explicit about who decides: “The Police of Puerto Rico shall be the primary entity responsible for operating the Plan and determining whether or not to issue the alert,” in collaboration with the Department of Transportation and Public Works and the Ports Authority. The Police also designate an AMBER Plan coordinating committee and adopt the necessary regulatory provisions.

5. 5

   Step 5: Roads, ports and airports

   It is the most visible operational difference from other alerts. In the case of the Department of Transportation and Public Works, electronic signs must be placed on public roads primarily destined for issuing these alerts. And “the Ports Authority, for its part, shall establish electronic signs to broadcast the alerts at the entrances of the main ports, airports and terminals.”

6. 6

   Step 6: Media participate voluntarily

   The statement of motives underlines it: “as regards the media, their integration is on a voluntary basis, so this legislation in no way seeks to impose obligations or responsibilities a media outlet does not wish to exercise.” The Police notify and invite them to participate, and it is they who voluntarily agree to broadcast.

7. 7

   Step 7: Once issued, the Police keep updating

   Once the alert issues, it shall be the Police of Puerto Rico’s duty to supplement and update the information available to participating media and entities. The alerts shall also give the public specific information on how to contact the authorities to help clarify the case. And regardless of whether the case is resolved, the alert may conclude at any time the Police request it.

The complaint is filed with the Police, the Plan’s primary entity and the one that determines whether the alert lies. If the missing person is an adult with Alzheimer’s or dementia, this is not the mechanism: that is the SILVER Alert, with different criteria and deadline. And if what you need is an ordinary complaint or a copy of the police report, those have their own guides.

• Believing it is enough that the minor is missing: the law requires the Police to determine there was a kidnapping.
• Not providing the suspect’s and vehicle’s description: without sufficient information the fourth criterion is not met.
• Counting the deadline from the disappearance: the 24 hours run from when the complaint is filed.
• Using AMBER for an adult with dementia: that is what the SILVER Alert is for, with its own criteria and deadline.
• Expecting every outlet to broadcast: media participation is voluntary.
• Assuming the alert always issues: the law conditions it on not compromising the person’s safety.

These are the government pages this guide is based on.

• Policía de Puerto Rico

  Policía de PR

  bvirtualogp.pr.gov