Podcast
Questions and Answers
Who is responsible for assigning an investigator to an internal investigation when directed by the Sheriff?
Who is responsible for assigning an investigator to an internal investigation when directed by the Sheriff?
What is the initial format of the numbering system for logged internal investigations?
What is the initial format of the numbering system for logged internal investigations?
What is the purpose of logging the complaint in the I.A. Pro Computer Program?
What is the purpose of logging the complaint in the I.A. Pro Computer Program?
When a complaint is assigned an internal investigation number, what does the 'I' signify?
When a complaint is assigned an internal investigation number, what does the 'I' signify?
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Which of the following is NOT a part of the internal investigation numbering format?
Which of the following is NOT a part of the internal investigation numbering format?
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Which type of incident is NOT investigated by the Internal Affairs Unit?
Which type of incident is NOT investigated by the Internal Affairs Unit?
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What kind of allegations will the Internal Affairs Unit investigate?
What kind of allegations will the Internal Affairs Unit investigate?
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Which of the following scenarios would most likely prompt an investigation by the Internal Affairs Unit?
Which of the following scenarios would most likely prompt an investigation by the Internal Affairs Unit?
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Which matter could be assigned for investigation by the Sheriff to the Internal Affairs Unit?
Which matter could be assigned for investigation by the Sheriff to the Internal Affairs Unit?
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Which of the following is an example of gross misconduct that would warrant an Internal Affairs investigation?
Which of the following is an example of gross misconduct that would warrant an Internal Affairs investigation?
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What is the first step an investigator must take when assigned a complaint?
What is the first step an investigator must take when assigned a complaint?
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What form must witnesses read before being interviewed by the investigator?
What form must witnesses read before being interviewed by the investigator?
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What type of statements does the investigator obtain from witnesses?
What type of statements does the investigator obtain from witnesses?
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What is the purpose of placing witnesses under oath during an investigation?
What is the purpose of placing witnesses under oath during an investigation?
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Which document must investigators provide to witnesses to inform them of confidentiality?
Which document must investigators provide to witnesses to inform them of confidentiality?
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What should an investigator note when a witness who is not a member of the ECSO refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?
What should an investigator note when a witness who is not a member of the ECSO refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?
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What action must the investigator take alongside noting the refusal of the witness to sign the form?
What action must the investigator take alongside noting the refusal of the witness to sign the form?
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Which of the following is NOT a necessary step if a witness refuses to sign the acknowledgment notice?
Which of the following is NOT a necessary step if a witness refuses to sign the acknowledgment notice?
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In what circumstance must an investigator document a witness's refusal to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?
In what circumstance must an investigator document a witness's refusal to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?
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What phrase should be recorded by the investigator to indicate a witness's refusal to sign?
What phrase should be recorded by the investigator to indicate a witness's refusal to sign?
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What is the primary responsibility of the assigned investigator during an internal investigation?
What is the primary responsibility of the assigned investigator during an internal investigation?
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What does the investigator use to evaluate the allegations during the investigation?
What does the investigator use to evaluate the allegations during the investigation?
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Which of the following actions is NOT part of the investigator's role during the investigation process?
Which of the following actions is NOT part of the investigator's role during the investigation process?
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How should an investigator proceed upon concluding the inquiry into a complaint?
How should an investigator proceed upon concluding the inquiry into a complaint?
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What dictates whether the investigator believes a violation did or did not occur?
What dictates whether the investigator believes a violation did or did not occur?
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What must an investigator do when concluding that a violation did not occur?
What must an investigator do when concluding that a violation did not occur?
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Which of the following components is NOT included in the investigation report when no violation occurs?
Which of the following components is NOT included in the investigation report when no violation occurs?
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When can an investigator conclude the investigation without interviewing the accused member?
When can an investigator conclude the investigation without interviewing the accused member?
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Which of the following is a key element that must be documented in the investigation report?
Which of the following is a key element that must be documented in the investigation report?
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What is the primary focus of the investigation report when a violation is not determined?
What is the primary focus of the investigation report when a violation is not determined?
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What is the next step after the OIC of the Internal Affairs Unit reviews the internal investigation file?
What is the next step after the OIC of the Internal Affairs Unit reviews the internal investigation file?
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What can happen to an internal investigation case file during the Sheriff's review?
What can happen to an internal investigation case file during the Sheriff's review?
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What action is taken after the internal investigation case file is approved?
What action is taken after the internal investigation case file is approved?
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Where will the completed internal investigation case file be maintained?
Where will the completed internal investigation case file be maintained?
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What condition must be met for the Sheriff to approve a case file?
What condition must be met for the Sheriff to approve a case file?
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How will the accused member be notified of the investigative finding?
How will the accused member be notified of the investigative finding?
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What will be completed for all internal affairs investigative case files?
What will be completed for all internal affairs investigative case files?
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Where is the Internal Investigation Final Action Record maintained?
Where is the Internal Investigation Final Action Record maintained?
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What happens to the investigative files after the investigation is completed?
What happens to the investigative files after the investigation is completed?
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What must occur once an internal investigation is concluded?
What must occur once an internal investigation is concluded?
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What must an accused member do before being interviewed by an internal affairs investigator?
What must an accused member do before being interviewed by an internal affairs investigator?
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What is the role of the investigator in relation to interviewing an accused member?
What is the role of the investigator in relation to interviewing an accused member?
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Which of the following statements is true regarding the interviewing process of accused members?
Which of the following statements is true regarding the interviewing process of accused members?
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Under what condition can an investigator proceed with interviews of the accused member(s)?
Under what condition can an investigator proceed with interviews of the accused member(s)?
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What is the first action an investigator takes before interviewing an accused member?
What is the first action an investigator takes before interviewing an accused member?
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What is a requirement for the member being interviewed during the internal investigation process?
What is a requirement for the member being interviewed during the internal investigation process?
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Which of the following types of examinations may a member be required to undergo if allegations are made against them?
Which of the following types of examinations may a member be required to undergo if allegations are made against them?
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What documentation might a member be required to provide if the allegations are financial in nature?
What documentation might a member be required to provide if the allegations are financial in nature?
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What is the purpose of allowing the accused member to review written or recorded statements made by others?
What is the purpose of allowing the accused member to review written or recorded statements made by others?
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In the context of an internal investigation, what might be required of a member beyond answering questions?
In the context of an internal investigation, what might be required of a member beyond answering questions?
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What action is NOT required of members during an internal investigation?
What action is NOT required of members during an internal investigation?
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Which option represents a member's right in relation to truthfulness testing during an internal investigation?
Which option represents a member's right in relation to truthfulness testing during an internal investigation?
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What is true about the obligation of members to submit to truthfulness tests during an internal investigation?
What is true about the obligation of members to submit to truthfulness tests during an internal investigation?
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Under what circumstance can a supervisor relieve a member from duty?
Under what circumstance can a supervisor relieve a member from duty?
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What authority does the Sheriff have over the Internal Affairs Unit regarding duty assignments?
What authority does the Sheriff have over the Internal Affairs Unit regarding duty assignments?
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What should a supervisor consider before relieving a member from duty?
What should a supervisor consider before relieving a member from duty?
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Which of the following actions is NOT required for a supervisor to relieve a member from duty?
Which of the following actions is NOT required for a supervisor to relieve a member from duty?
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What is a critical factor that must be adhered to by supervisors in the Internal Affairs Unit?
What is a critical factor that must be adhered to by supervisors in the Internal Affairs Unit?
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What information is NOT included in the header of the internal investigation report?
What information is NOT included in the header of the internal investigation report?
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Which component of the internal investigation report summarizes the overall findings?
Which component of the internal investigation report summarizes the overall findings?
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What element is crucial for ensuring transparency in the investigation process?
What element is crucial for ensuring transparency in the investigation process?
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Which item is essential to include in the finding section of the investigation report?
Which item is essential to include in the finding section of the investigation report?
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Which of the following is NOT a factor noted in the investigation header?
Which of the following is NOT a factor noted in the investigation header?
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What does it mean if an allegation is classified as unfounded?
What does it mean if an allegation is classified as unfounded?
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In what scenario would a conclusion be drawn stating no violation occurred?
In what scenario would a conclusion be drawn stating no violation occurred?
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What will happen to the investigation report after it is completed?
What will happen to the investigation report after it is completed?
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Which component is essential to include in the investigation report when no violation is found?
Which component is essential to include in the investigation report when no violation is found?
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What does it mean when a finding is classified as 'Unsubstantiated'?
What does it mean when a finding is classified as 'Unsubstantiated'?
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What characterizes a finding of 'Exonerated due to Policy Failure'?
What characterizes a finding of 'Exonerated due to Policy Failure'?
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What does a 'Sustained' finding indicate?
What does a 'Sustained' finding indicate?
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What occurs after a finding of 'Exonerated' is concluded?
What occurs after a finding of 'Exonerated' is concluded?
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Which of the following statements correctly aligns with the definition of an 'Exonerated' finding?
Which of the following statements correctly aligns with the definition of an 'Exonerated' finding?
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What must be done if an allegation is sustained and found to be a violation of specific sections or rules?
What must be done if an allegation is sustained and found to be a violation of specific sections or rules?
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Who is notified in writing of the investigative finding and disposition?
Who is notified in writing of the investigative finding and disposition?
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Which form is specifically mentioned in the procedure for sustaining allegations and reporting to FDLE?
Which form is specifically mentioned in the procedure for sustaining allegations and reporting to FDLE?
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What is included alongside the CJSTC Form 78 in the submission process?
What is included alongside the CJSTC Form 78 in the submission process?
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What is the first step the Sheriff takes upon receiving a complaint?
What is the first step the Sheriff takes upon receiving a complaint?
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If the Sheriff decides not to pursue a criminal investigation, what happens to the complaint?
If the Sheriff decides not to pursue a criminal investigation, what happens to the complaint?
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During a concurrent investigation, who determines the progression of the internal investigation?
During a concurrent investigation, who determines the progression of the internal investigation?
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What role does the Internal Affairs Unit play in criminal investigations of member misconduct?
What role does the Internal Affairs Unit play in criminal investigations of member misconduct?
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What is decided by the sheriff concerning criminal investigations and IA investigations?
What is decided by the sheriff concerning criminal investigations and IA investigations?
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What action is triggered when evidence of criminal wrongdoing arises from an internal investigation?
What action is triggered when evidence of criminal wrongdoing arises from an internal investigation?
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What will happen to the alleged crime details during an internal investigation?
What will happen to the alleged crime details during an internal investigation?
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What is the status of an internal investigation while a criminal investigation is pending?
What is the status of an internal investigation while a criminal investigation is pending?
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Who is responsible for notifying the Sheriff of evidence found in an internal investigation?
Who is responsible for notifying the Sheriff of evidence found in an internal investigation?
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Which form serves to ensure the confidentiality of the investigation process?
Which form serves to ensure the confidentiality of the investigation process?
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What document must be acknowledged by witnesses to validate their understanding of the investigation process?
What document must be acknowledged by witnesses to validate their understanding of the investigation process?
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Which of the following forms is primarily concerned with the rights of officers during an investigation?
Which of the following forms is primarily concerned with the rights of officers during an investigation?
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Which document includes a summary of actions taken at the conclusion of an internal investigation?
Which document includes a summary of actions taken at the conclusion of an internal investigation?
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What is the purpose of the Employee Interview Advice of Rights form?
What is the purpose of the Employee Interview Advice of Rights form?
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Study Notes
Internal Investigations Process
- The Internal Affairs Unit (IAU) initiates investigations based on orders from the Sheriff or a designated representative.
- An investigator from the IAU is assigned to handle the investigation of the complaint.
- Each complaint investigation is documented using the I.A. Pro Computer Program for tracking and management purposes.
- Internal investigation case numbers follow a specific format: "I" + year + chronological number (e.g., I2010-001).
- This numbering system aids in organizing and distinguishing between various investigations over time.
Internal Affairs Unit Investigations
- Responsible for investigating lengthy and complex incidents requiring significant time and involvement of multiple divisions.
- Handles allegations of corruption and perjury, ensuring accountability within the force.
- Investigates cases of gross misconduct, addressing serious breaches of conduct by officers.
- Focuses on violations of civil rights, protecting citizens' legal entitlements during enforcement actions.
- Addresses incidents of sexual harassment, promoting a safe and respectful environment within the department.
- Takes on any investigative assignments directed by the Sheriff, demonstrating adaptability and responsiveness to emerging issues.
Investigation Process
- Complaints are assigned to an investigator for thorough examination.
- Investigators are tasked with interviewing all relevant witnesses involved in the complaint.
- Each witness must be placed under oath before the interview starts to ensure truthful testimony.
- Witnesses are required to read two important documents: the Perjury and Oath Acknowledgement Form, and the Confidentiality Notice Form, highlighting the seriousness of their statements.
- Investigators must obtain either written or recorded statements from witnesses after they have been sworn in.
Internal Investigation Procedure
- Complaints assigned to an investigator initiate a formal internal investigation process.
- Investigators have specific protocols to follow when engaging witnesses during investigations.
Handling Witness Statements
- If a witness not affiliated with the ECSO declines to sign the Perjury and Oath Acknowledgement and Confidentiality Notice:
- The investigator must document the refusal directly on the forms.
- A statement "Witness refused to sign" must be noted for accuracy.
- The investigator must print the witness's name on the form, ensuring proper identification.
- Witness's refusal must be formally witnessed by the investigator, maintaining the integrity of the investigative process.
Internal Investigation Process
- Complaints are assigned to specific investigators for thorough examination.
- Investigators evaluate the complete set of facts surrounding the case.
- They determine if there is sufficient reason to believe a violation or violations occurred.
- A critical analysis assesses whether the accused member(s) committed the alleged violations.
- The outcome influences the next steps in the investigative process.
Internal Investigation Process
- Complaints assigned to an investigator trigger a structured investigation.
- If an investigation determines no violation occurred, the investigator can conclude without interviewing the accused.
- A comprehensive investigation report is generated, documenting each step taken during the process.
- The report includes essential components:
- A summary of the investigation.
- A detailed narrative outlining the investigation's progression.
- A conclusion with findings based on the evidence reviewed.
Internal Investigation Process
- The Officer in Charge (OIC) of the Internal Affairs Unit is responsible for reviewing completed internal investigation files.
- After the OIC's review, the internal investigation case file is submitted to the Sheriff for final review and approval.
- The Sheriff has the authority to either approve the case or request additional investigation by reopening it.
Final Steps and Documentation
- Upon closure, a final action report is created summarizing the findings and conclusions of the investigation.
- Completed investigation files are securely maintained within the Internal Affairs Unit to ensure confidentiality and integrity of the information.
Notification of Investigative Findings
- Accused members receive notification through interoffice memorandum regarding the investigative findings.
- This process ensures formal communication and documentation within the organization, adhering to CFA 20.04 guidelines.
Internal Investigation Final Action Record
- A Final Action Record must be completed for all finalized Internal Affairs investigative case files.
- The Final Action Record is stored separately from the investigative files, emphasizing confidentiality and proper record management.
- This separation ensures that the investigative file remains unaffected by the final action documentation, preserving integrity and organizing records effectively.
Internal Investigation Protocol in Florida
- Investigations begin when facts indicate a potential violation of statutes.
- The investigator conducts interviews of the accused members as mandated by Florida Statutes.
Employee Interview Process
- Accused members must read and understand the Employee Interview Advice of Rights form.
- The form is a prerequisite for the interview and ensures that the accused member is aware of their rights.
- Both the investigator and the accused member must sign the form before the interview commences.
Investigation Procedures
- If a potential violation occurs, investigators will conduct interviews with the accused members according to Florida Statutes.
- Accused members can review any written or recorded statements from the complainant and witnesses as mandated by Florida Statutes.
- During the interview, members must answer questions that are specifically and directly relevant to their official duties or fitness for office.
Medical and Laboratory Examinations
- Members under investigation may be required to undergo medical or laboratory tests, which may include blood, breath, or urine testing.
- Investigators can mandate members to participate in photographic identification processes, as well as physical lineups.
Financial Disclosure
- In cases involving financial allegations, members could be obligated to provide a financial disclosure statement, ensuring transparency regarding their financial status.
Internal Investigation Guidelines
- Members are not obligated to undergo tests aimed at measuring truthfulness during internal investigations.
- Participation in truthfulness testing is voluntary; members can choose to request such tests to validate their own truthfulness.
Internal Affairs Investigation Process
- Orders for internal investigations come from the Sheriff or designated personnel, leading to assignment of an Internal Affairs Unit investigator.
- Complaints are logged in the I.A.Pro Computer Program, assigned a unique identifier starting with "I," followed by the year and chronological number (e.g., I2010-001).
Types of Investigations
- Investigations cover incidents that are lengthy, complex, involve multiple divisions, or lack other investigative resources.
- Allegations addressed include corruption, perjury, gross misconduct, civil rights violations, sexual harassment, and those assigned by the Sheriff.
Investigator's Responsibilities
- Upon assignment, investigators will interview all witnesses, placing them under oath and providing necessary forms (Perjury and Oath Acknowledgment, Confidentiality Notice) before interviews begin.
- Witnesses refusing to sign forms must have the refusal documented by the investigator.
Determining Violations
- Investigators assess facts to decide if a violation occurred or if the accused committed misconduct.
- If no violation is found, investigations can be concluded without interviewing the accused, accompanied by a detailed report including summaries and findings.
Reporting and Reviews
- The completed investigation file is reviewed by the OIC of Internal Affairs and submitted to the Sheriff for further evaluation. It can be reopened or approved at this stage.
- A final action report is generated and securely maintained in the Internal Affairs Unit.
Notification and Final Action Records
- Accused members receive notification of investigative findings via interoffice memorandum.
- An Internal Investigation Final Action Record is created for each case, stored separately from investigative files.
Interviews of Accused Members
- If a potential violation is identified, interviews of the accused members are conducted following Florida Statutes.
- Accused members must read and sign the Employee Interview Advice of Rights form before interviews, and they can review statements made by complainants and witnesses.
Medical and Other Examinations
- Members may be required to submit to medical tests (blood, breath, urine) and participate in identification processes (photographs, physical lineups) as part of the investigation.
- Financial disclosure statements may be requested for allegations of financial misconduct.
Truthfulness Devices
- Members are not compelled to undergo truthfulness measurement devices but may voluntarily request such tests to verify their credibility.
Duty Relieving Protocol
- Supervisors in Internal Affairs can relieve a member from duty, but only by the Sheriff’s order.
Internal Investigation Report
- Comprehensive documentation of the investigation process, ensuring transparency and accountability.
- Consists of distinct sections: header, summary, narrative, and findings.
Header Details
- IA Pro number: Unique identifier for the investigation.
- Date of complaint: Indicates when the initial complaint was received.
- Date formal investigation directed: Marks when the official investigation began.
- Investigation directed by: Name or title of the individual overseeing the investigation.
- Date completed: Indicates when the investigation concluded.
- Investigator assigned: Personnel responsible for conducting the investigation.
- Complainant: Individual who lodged the complaint.
- Member witnesses: Names of any members involved or who can provide testimony.
- Civilian witnesses: Names of non-member civilians who may have witnessed the incident.
- Evidence list: Compilation of all evidence gathered during the investigation, vital for supporting findings.
Investigation Findings Documentation
- Findings from the investigation will be included in a formal report.
- One possible classification for the findings is "Unfounded."
- "Unfounded" indicates that the allegation was clearly false or unsupported by credible evidence.
- The determination of "Unfounded" reflects a thorough assessment of the evidence related to the complaint.
Key Definitions in Investigative Findings
-
Unsubstantiated
- Refers to findings or conclusions lacking sufficient credible evidence.
- Cannot confirm or deny allegations due to insufficient proof.
-
Exonerated
- Indicates that an incident occurred, but the related employee's actions were lawful or appropriate.
- A positive conclusion for the employee involved.
-
Exonerated due to Policy Failure
- Occurs when a relevant policy, procedure, rule, or regulation is found to be inadequate or non-existent.
- Involves drafting a memorandum for policy review to address identified failures.
-
Sustained
- A conclusion that an allegation is validated by a preponderance of evidence.
- Requires substantial proof supporting the claim made against an employee.
Allegation Investigation Procedures
- A sustained allegation indicating a violation of Florida Statutes section 943.13(4) or (7) requires action by the Internal Affairs Unit.
- If a violation is confirmed, the Internal Affairs Unit must complete CJSTC Form 78.
- Submission includes not only the CJSTC Form 78 but also the investigation report and any supporting documentation.
- The completed documents must be sent to the Florida Department of Law Enforcement for further action.
Notification of Findings
- Both the accused member and the complainant (if not the Sheriff) must receive written notification of the investigative findings.
- The notification will detail the findings and the final disposition of the case.
Internal Affairs Unit Protocols
- The Internal Affairs Unit does not handle criminal investigations regarding member misconduct.
- The Officer in Charge (OIC) or designee of the Internal Affairs Unit must promptly inform the Sheriff or designated representative of any misconduct complaints.
Sheriff's Review Process
- The Sheriff evaluates the complaint to determine if a criminal investigation is warranted.
- If a criminal investigation is ordered, the complaint is forwarded to the designated criminal investigation unit or agency for further action.
- If no criminal investigation is initiated, the complaint returns to the Internal Affairs Unit for a preliminary investigation.
Internal Investigations
- The Sheriff or designee has the discretion to begin an internal investigation alongside any ongoing criminal investigation.
- Internal investigations may be paused if they coincide with a criminal investigation, allowing for a coordinated approach to inquiries.
Internal Investigation Protocols
- Internal investigations cease upon evidence of criminal wrongdoing.
- The Officer in Charge (OIC) of the Internal Affairs Unit or a designated representative must promptly inform the Sheriff or an appointed designee.
- Allegations of criminal activity are reported to the State Attorney and their designee by the Sheriff or designee.
- Future actions on the internal investigation may be paused or suspended until the criminal investigation concludes.
Complaint and Investigation Documentation
- Statement of Complaint Form: A formal document used to outline grievances or complaints against an individual or entity, capturing essential details for investigation.
- Confidentiality Notice: Acknowledges the importance of keeping sensitive information private during an investigation, protecting the identities and integrity of all parties involved.
- Perjury and Oath Acknowledgement Form: Ensures that individuals involved in the complaint process understand the legal ramifications of providing false information under oath.
- Officer Bill of Rights Checklist: Lists the rights and protections afforded to law enforcement officers during internal investigations, emphasizing fairness and due process.
- Internal Investigation Final Action Record: Summarizes the conclusions and actions taken following an internal investigation, providing a clear record of outcomes and decisions.
- Employee Interview Advice of Rights: Informs employees of their rights during interviews related to investigations, ensuring they understand their legal protections and options.
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Description
This quiz covers the procedures followed by the Internal Affairs Unit when conducting an investigation based on orders from the Sheriff. It details the logging system for complaints and the assignment of investigation numbers. Test your knowledge on the internal investigation protocols and procedures.