Podcast
Questions and Answers
Custody Orders: When retaking a child on the power of custody papers
only, the officers must be certain they are dealing with the most recent
custody order filed in the case before removing a child from the custody of
the other party. Deal with originals or certified copies of orders and not
photostatic copies.
Custody Orders: When retaking a child on the power of custody papers only, the officers must be certain they are dealing with the most recent custody order filed in the case before removing a child from the custody of the other party. Deal with originals or certified copies of orders and not photostatic copies.
True
On requests that come from outside
Hillsborough County it is mandatory that the person requesting the retake
of a child register with the Clerk of the Circuit Court and have an
emergency hearing scheduled with the judge. The judge will review the
custody papers and issue a pick-up order from Hillsborough County
allowing an officer to legally (without liability) retake a child.
On requests that come from outside Hillsborough County it is mandatory that the person requesting the retake of a child register with the Clerk of the Circuit Court and have an emergency hearing scheduled with the judge. The judge will review the custody papers and issue a pick-up order from Hillsborough County allowing an officer to legally (without liability) retake a child.
True
Interference with Child Custody 787.03(2) would
become an issue here only if one parent, “takes, detains, conceals,
or entices that child or incompetent person within or without the
state, with malicious intent to deprive another person of his right of
custody. Paragraph #2 is only used if there are no papers
determining custody with parents. Commonly this is used when
one parent takes and conceals the child and refuses to tell the other
parent and/or law enforcement where the child is staying, thus
depriving the other parent of the right to custody.
Interference with Child Custody 787.03(2) would become an issue here only if one parent, “takes, detains, conceals, or entices that child or incompetent person within or without the state, with malicious intent to deprive another person of his right of custody. Paragraph #2 is only used if there are no papers determining custody with parents. Commonly this is used when one parent takes and conceals the child and refuses to tell the other parent and/or law enforcement where the child is staying, thus depriving the other parent of the right to custody.
True
Violation of Visitation Agreement in Custody Orders: This is a civil
matter, unless the offending parent “knowingly or recklessly takes,” per
787.03(1), the child away from the other parent contrary to the court order.
If the offending parent is just late in returning the child from visitation and there is no attempt to conceal or deprive the other parent of custody, the
officers will refer the aggrieved party back to the court that issued the
custody decree for the issuing judge to decide contempt. Except where
the safety of the child is immediately in question, officers should
endeavor to stay out of custody disputes involving the interpretation
of court orders.
Violation of Visitation Agreement in Custody Orders: This is a civil matter, unless the offending parent “knowingly or recklessly takes,” per 787.03(1), the child away from the other parent contrary to the court order. If the offending parent is just late in returning the child from visitation and there is no attempt to conceal or deprive the other parent of custody, the officers will refer the aggrieved party back to the court that issued the custody decree for the issuing judge to decide contempt. Except where the safety of the child is immediately in question, officers should endeavor to stay out of custody disputes involving the interpretation of court orders.
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If legal custody has been determined and a person not having legal
custody has fled with the child contrary to Florida State Statute, pick-up
orders will be placed on both the suspect and the child.
If legal custody has been determined and a person not having legal custody has fled with the child contrary to Florida State Statute, pick-up orders will be placed on both the suspect and the child.
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If in the determination of the investigating officer there is some indication
that the child taken contrary to Florida State Statute might be in danger
then his supervisor will be notified and the Special Victims Unit Sergeant
will be contacted.
If in the determination of the investigating officer there is some indication that the child taken contrary to Florida State Statute might be in danger then his supervisor will be notified and the Special Victims Unit Sergeant will be contacted.
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Custody Case: All cases in which legal custody cannot be determined or any pick-up
orders were placed will be referred to the Criminal Investigations
Division.
Custody Case: All cases in which legal custody cannot be determined or any pick-up orders were placed will be referred to the Criminal Investigations Division.
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Urgent medical need is defined as cases wherein a victim is suspected of having
been in acute genital trauma and/or physical trauma.
Urgent medical need is defined as cases wherein a victim is suspected of having been in acute genital trauma and/or physical trauma.
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Deferred medical care is defined as cases wherein the children are
suspected of having been sexually molested, who have physical symptoms which
may be associated with this complaint such as vaginal or penile discharge.
Deferred medical care is defined as cases wherein the children are suspected of having been sexually molested, who have physical symptoms which may be associated with this complaint such as vaginal or penile discharge.
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Acute cases are defined, for these purposes, as those wherein the latest
alleged incident occurred within 96 hours of the report. Delayed cases are defined, for these purposes, as those wherein the latest
alleged incident occurred greater than 96 hours prior to the report.
Acute cases are defined, for these purposes, as those wherein the latest alleged incident occurred within 96 hours of the report. Delayed cases are defined, for these purposes, as those wherein the latest alleged incident occurred greater than 96 hours prior to the report.
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Hillsborough County Sheriff’s Office has requested that their CPI’s
not be listed as entities in the reports to protect their personal
information from being accessible to the public. The officer shall
obtain the name of the CPI on-scene and only include it in the body
of the text.
Hillsborough County Sheriff’s Office has requested that their CPI’s not be listed as entities in the reports to protect their personal information from being accessible to the public. The officer shall obtain the name of the CPI on-scene and only include it in the body of the text.
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If a crime has not been determined during the on-scene
investigation, the investigating officer will document what took
place on an Information Report – Child Abuse Investigation and
route a copy to the Sex Crimes handle. The officer will not document
that a crime has NOT occurred, as latent investigation could
determine otherwise.
If a crime has not been determined during the on-scene investigation, the investigating officer will document what took place on an Information Report – Child Abuse Investigation and route a copy to the Sex Crimes handle. The officer will not document that a crime has NOT occurred, as latent investigation could determine otherwise.
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If the investigating officer suspects physical or sexual abuse has occurred,
they will notify their supervisor. The on-scene supervisor will be apprised
of the circumstances and advise the shift commander. The shift commander
will determine if and when to contact the Special Victims Sergeant.
If the investigating officer suspects physical or sexual abuse has occurred, they will notify their supervisor. The on-scene supervisor will be apprised of the circumstances and advise the shift commander. The shift commander will determine if and when to contact the Special Victims Sergeant.
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In physical abuse cases, the Special Victims Sergeant need only
be called if there is some aspect of the case that requires a detective,
e.g., the immediate necessity for latent investigation in cases such as
excessive corporal punishment, suspected head trauma, infants with
broken bones, burn cases, child drownings, or various other serious
injuries.
In physical abuse cases, the Special Victims Sergeant need only be called if there is some aspect of the case that requires a detective, e.g., the immediate necessity for latent investigation in cases such as excessive corporal punishment, suspected head trauma, infants with broken bones, burn cases, child drownings, or various other serious injuries.
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An officer of the same gender will visually inspect the child’s body for any
possible signs of abuse. The officer will ensure that sufficient photographs
are taken of the child.
An officer of the same gender will visually inspect the child’s body for any possible signs of abuse. The officer will ensure that sufficient photographs are taken of the child.
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When noticeable injury or abuse are observed, a crime lab will be
utilized to take digital photographs of the abuse, injury, and/or
environment. BWC photos and/or video will not be an acceptable
means of documenting a visible injury on a child. A crime lab must
be utilized.
When noticeable injury or abuse are observed, a crime lab will be utilized to take digital photographs of the abuse, injury, and/or environment. BWC photos and/or video will not be an acceptable means of documenting a visible injury on a child. A crime lab must be utilized.
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If no visible injury or abuse is observed, a squad camera will be
utilized to take digital photographs. Keep in mind that injuries do not
always become visible immediately; by taking photographs, this
supports the officer’s documentation that no injury was visible at the
time and can assist with facts of the child abuse at a later time.
If no visible injury or abuse is observed, a squad camera will be utilized to take digital photographs. Keep in mind that injuries do not always become visible immediately; by taking photographs, this supports the officer’s documentation that no injury was visible at the time and can assist with facts of the child abuse at a later time.
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Injuries resulting from sexual abuse, i.e., sexual organs will not be
photographed except in homicide cases.
Injuries resulting from sexual abuse, i.e., sexual organs will not be photographed except in homicide cases.
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Photographs of areas of the body that are not normally exposed
will be taken by an identification technician and observed by an
officer, both of the same gender as the victim. It is appropriate to take
photographs of the buttocks where the injury is present.
Photographs of areas of the body that are not normally exposed will be taken by an identification technician and observed by an officer, both of the same gender as the victim. It is appropriate to take photographs of the buttocks where the injury is present.
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Physically abused children who are in need of non-emergency medical
treatment will be taken to the Child Protection Team located at 2806 N.
Armenia Avenue for assessment and treatment during normal business
hours, Monday through Friday, 0800 to 1700 hours. This will be arranged
by the assigned detective. For after-hours emergency assessment and treatment, the child will
be taken to the Tampa General Hospital Pediatric Emergency Room.
Physically abused children who are in need of non-emergency medical treatment will be taken to the Child Protection Team located at 2806 N. Armenia Avenue for assessment and treatment during normal business hours, Monday through Friday, 0800 to 1700 hours. This will be arranged by the assigned detective. For after-hours emergency assessment and treatment, the child will be taken to the Tampa General Hospital Pediatric Emergency Room.
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Sexually abused victims will be examined by the Child Protection Team
located at 2806 N. Armenia Avenue, Suite 500, (813) 250-6670, Monday
through Friday, 0800 to 1700. In acute cases, the Child Protection Team will perform sexual abuse
examinations on juveniles under the age of 13, which meet the acute
case criteria and where no apparent trauma or complaint of trauma
exists, during normal business hours Monday through Friday, 0800
to 1700 hours. After hours, the Child Protection Team will
perform acute case examinations by notifying them on their 24-hour
emergency cell phone at (813) 388-0676.
Sexually abused victims will be examined by the Child Protection Team located at 2806 N. Armenia Avenue, Suite 500, (813) 250-6670, Monday through Friday, 0800 to 1700. In acute cases, the Child Protection Team will perform sexual abuse examinations on juveniles under the age of 13, which meet the acute case criteria and where no apparent trauma or complaint of trauma exists, during normal business hours Monday through Friday, 0800 to 1700 hours. After hours, the Child Protection Team will perform acute case examinations by notifying them on their 24-hour emergency cell phone at (813) 388-0676.
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If the case is ACUTE (within 96 hours), and the victim (male or
female) is 13 years or older, they will be transported to the
Hillsborough County Crisis Center, Nurse Examining Office located
at 1 Crisis Center Plaza on Bearss Avenue.
If the case is ACUTE (within 96 hours), and the victim (male or female) is 13 years or older, they will be transported to the Hillsborough County Crisis Center, Nurse Examining Office located at 1 Crisis Center Plaza on Bearss Avenue.
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The officer should note in the original police report that the exam
has been conducted and forward the exam forms to the Criminal
Investigations Division – Special Victims Unit, with the report
number written on the envelope. Exam forms will not be placed
into evidence with the exam kit. Do not scan child protection
team exams or any medical records into Versadex.
7.
The officer should note in the original police report that the exam has been conducted and forward the exam forms to the Criminal Investigations Division – Special Victims Unit, with the report number written on the envelope. Exam forms will not be placed into evidence with the exam kit. Do not scan child protection team exams or any medical records into Versadex. 7.
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Victims are to be examined at Tampa General Hospital Pediatric
Emergency Department (24 hours a day) when acutely assaulted victims are
requiring urgent medical care.
Victims are to be examined at Tampa General Hospital Pediatric Emergency Department (24 hours a day) when acutely assaulted victims are requiring urgent medical care.
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Abused children who are in need of emergency medical care will be taken
to the nearest practical treatment facility. The attending physician will be
apprised of the situation and requested to conduct a complete examination
to determine the extent of physical abuse.
Abused children who are in need of emergency medical care will be taken to the nearest practical treatment facility. The attending physician will be apprised of the situation and requested to conduct a complete examination to determine the extent of physical abuse.
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The Homicide Sergeant will be notified in all child death cases, except
where a physician will sign the death certificate. The Homicide Sergeant
will notify the Special Victims Sergeant of the child death and both will
determine the course of the investigation.
The Homicide Sergeant will be notified in all child death cases, except where a physician will sign the death certificate. The Homicide Sergeant will notify the Special Victims Sergeant of the child death and both will determine the course of the investigation.
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All felony assault/battery cases and throwing/shooting deadly missile cases with
minor injuries and no investigative leads will not be referred.
All felony assault/battery cases and throwing/shooting deadly missile cases with minor injuries and no investigative leads will not be referred.
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All domestic violence cases not involving arrests will be referred to the District
Latent Investigations Squad and investigated per policy. Officers will not issue a
“Request for Prosecution by Complainant”, an “Assault Victim Instructions
Form” or a “Notice to Appear” in domestic violence cases.
All domestic violence cases not involving arrests will be referred to the District Latent Investigations Squad and investigated per policy. Officers will not issue a “Request for Prosecution by Complainant”, an “Assault Victim Instructions Form” or a “Notice to Appear” in domestic violence cases.
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Simple Battery: If the investigation determines there is probable cause to believe a crime
was committed and the suspect is a known, the officer while at the scene,
will complete the "Request for Prosecution by Complainant." See SOP
402.6 – Request for Prosecution by Complainant. Officers will originate a police report and the supervisor will refer the case
to the designated DLIS squad to be monitored in the SAO Case
Management System.
Simple Battery: If the investigation determines there is probable cause to believe a crime was committed and the suspect is a known, the officer while at the scene, will complete the "Request for Prosecution by Complainant." See SOP 402.6 – Request for Prosecution by Complainant. Officers will originate a police report and the supervisor will refer the case to the designated DLIS squad to be monitored in the SAO Case Management System.
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When the Request for Prosecution by Complainant Form is utilized the
Assault Victim Instructions Form is not to be issued.
When the Request for Prosecution by Complainant Form is utilized the Assault Victim Instructions Form is not to be issued.
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If the investigation determines there is probable cause to believe a crime
was committed and the suspect is not known, but there are investigative
leads, then the following procedure using the Assault Victim Instructions
Form
If the investigation determines there is probable cause to believe a crime was committed and the suspect is not known, but there are investigative leads, then the following procedure using the Assault Victim Instructions Form
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Each case wherein an Assault Victims Instructions Form or Sworn
Request for Prosecution by Complainant Form is issued, the case
will be assigned.
Each case wherein an Assault Victims Instructions Form or Sworn Request for Prosecution by Complainant Form is issued, the case will be assigned.
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A detective assigned to the designated District will be responsible
for the latent investigation of misdemeanor cases in which
complainants have responded to the Assault Victims Instructions
Form.
A detective assigned to the designated District will be responsible for the latent investigation of misdemeanor cases in which complainants have responded to the Assault Victims Instructions Form.
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Assault Victim's Form: Cases wherein the complainant did not contact the designated
District will be purged within 30 days. These cases will be closed
as “inactive.”
Assault Victim's Form: Cases wherein the complainant did not contact the designated District will be purged within 30 days. These cases will be closed as “inactive.”
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Officers responding to a domestic violence incident shall first
stabilize the scene and separate the involved parties. Because it is
often a power and control situation, it is incumbent upon the
officers to ensure that the parties are out of sight and hearing of
each other, while always keeping officer safety a priority.
Officers responding to a domestic violence incident shall first stabilize the scene and separate the involved parties. Because it is often a power and control situation, it is incumbent upon the officers to ensure that the parties are out of sight and hearing of each other, while always keeping officer safety a priority.
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Whenever possible, the officer will obtain a sworn written
statement from the victim, witnesses (including children), and
defendant concerning the alleged domestic violence. If necessary,
the officer should write the statement for the victim or witness,
confirm the accuracy of the statement, and have the victim or
witness sign it after being sworn.
Whenever possible, the officer will obtain a sworn written statement from the victim, witnesses (including children), and defendant concerning the alleged domestic violence. If necessary, the officer should write the statement for the victim or witness, confirm the accuracy of the statement, and have the victim or witness sign it after being sworn.
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Officers shall take digital photographs of the victim, offender,
crime scene, etc., at every domestic violence incident regardless of
the extent of injury and/or damage. In the event of serious injuries
(i.e., broken bones, burns, stab wounds, etc.) a crime scene
technician shall be called.
Officers shall take digital photographs of the victim, offender, crime scene, etc., at every domestic violence incident regardless of the extent of injury and/or damage. In the event of serious injuries (i.e., broken bones, burns, stab wounds, etc.) a crime scene technician shall be called.
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The identity of the suspect must be verified via photograph by the
victim and/or witnesses. This verification must be documented on
the Criminal Report Affidavit and in the offense report. The verbal
identification of a suspect is not sufficient unless no photographs
exist.
The identity of the suspect must be verified via photograph by the victim and/or witnesses. This verification must be documented on the Criminal Report Affidavit and in the offense report. The verbal identification of a suspect is not sufficient unless no photographs exist.
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Third party allegations of domestic violence shall be as fully
investigated at the district level as first party allegations.
Third party allegations of domestic violence shall be as fully investigated at the district level as first party allegations.
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If the officer’s investigation reveals probable cause to arrest both
participants in a domestic violence situation, both may be arrested.
However, if the investigation further indicates that one participant
was the primary aggressor the officer should only arrest the
primary aggressor.
If the officer’s investigation reveals probable cause to arrest both participants in a domestic violence situation, both may be arrested. However, if the investigation further indicates that one participant was the primary aggressor the officer should only arrest the primary aggressor.
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If the primary aggressor alleges that he was
also a victim of domestic violence, then it is imperative that the
officer thoroughly investigates the allegation to determine whether
it was an act of self-defense or an act of aggression. If it was a
separate act of aggression, then the officer shall direct file on the
secondary aggressor.
If the primary aggressor alleges that he was also a victim of domestic violence, then it is imperative that the officer thoroughly investigates the allegation to determine whether it was an act of self-defense or an act of aggression. If it was a separate act of aggression, then the officer shall direct file on the secondary aggressor.
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If the allegation is misdemeanor battery and the suspect’s criminal
history reveals at least one prior conviction for battery, aggravated
battery, or felony battery, the allegation becomes a felony under
F.S. §784.03(2). The procedures outlined in paragraph 8 should
apply and the case should not be direct filed. For purposes of F.S.
§784.03(2), a conviction means a determination of guilt that is the
result of a plea or a trial, regardless of whether adjudication is
withheld or a plea of nolo contendere is entered.
If the allegation is misdemeanor battery and the suspect’s criminal history reveals at least one prior conviction for battery, aggravated battery, or felony battery, the allegation becomes a felony under F.S. §784.03(2). The procedures outlined in paragraph 8 should apply and the case should not be direct filed. For purposes of F.S. §784.03(2), a conviction means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
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Nothing in this section shall prohibit a supervisor from authorizing
a probable cause pickup for a misdemeanor act of domestic
violence in cases where the suspect has fled the scene, and there is
reasonable belief that he may return in the near future and commit
further acts of domestic violence. In cases involving suspects on
probation or with significant criminal history (especially involving
crimes of violence), this shall be the preferred practice.
Nothing in this section shall prohibit a supervisor from authorizing a probable cause pickup for a misdemeanor act of domestic violence in cases where the suspect has fled the scene, and there is reasonable belief that he may return in the near future and commit further acts of domestic violence. In cases involving suspects on probation or with significant criminal history (especially involving crimes of violence), this shall be the preferred practice.
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