Law Enforcement Investigation Procedures

Law Enforcement Officer Tasks

• Conducting impartial investigations is a key task for law enforcement officers.
• Objective investigative work is a main way officers earn public trust.
• Investigations undergo public scrutiny so accuracy, detail, and professionalism are crucial.
• An officer's reputation is established in court and in public based on investigative work quality.
• Preserve life first, then work to preserve the scene for investigation.
• Use a systematic approach in every investigation.

Scene Safety

• When approaching a building, avoid standing directly in front of the door to prevent a fatal funnel situation.
• Immediately identify yourself and state the purpose of your visit.
• Move to and maintain a position of advantage.
• Stay out of doorways.
• Visually assess the scene.

Basic Investigation Flowchart

• After securing the scene, tend to medical needs of victims, witnesses, or suspects.
• Protect the scene using sensitivity when engaging with persons.
• Determine if a crime occurred and identify and separate victims and witnesses.
• Determine if you have jurisdiction, if not refer to the proper agency.
• Notify your supervisor based on the crime type and case complexity, to determine if assistance is needed.
• If a detective will respond, maintain the scene and start a log.
• Prioritize duties, interviews, evidence, documentation, arrest or BOLO.
• Determine and document important items.

Handling Chaotic Incident Scenes

• Incident scenes can be chaotic with injured victims, yelling witnesses, and possible armed suspects.
• Initial response and approach influence cooperation levels from victims, witnesses, and others.
• Use communication techniques to calm the situation and maintain control.
• No two incidents are alike with each requiring a distinct response.
• Determine if anyone is sick, injured, or under the influence of alcohol.
• Remain neutral, maintain officer safety, and use verbal de-escalation techniques to diffuse chaotic situations.

Identifying Involved Persons

• Identify who is involved through observation and answers to questions.
• Questions to consider:
  • Who is the victim?
  • Are there any impartial witnesses to the crime?
  • Does the victim have a relationship with the suspect?
• Understanding the role of each person provides a foundation for identifying crime victims.
• People prone to violence or who have experienced abuse may need more personal space.
• Instrumentalities of the crime are the items used to commit a crime.
• Use walls or doorways can separate involved people to focus attention and reduce threats.

Responsibilities for Making an Arrest

Includes understanding jurisdiction and referring to the state attorney's office.

• Notify your supervisor if making an arrest or needing more resources.
• Contact dispatch to initiate a BOLO if the suspect is not on the scene.
• If a detective responds, provide gathered information and assist as needed.
• Continue to maintain the scene and start a crime scene log.

Additional Questions to Ask

• Providing the victim with the case number, primary officer's name, and explain follow-up procedures.
• The victim may need to agree to prosecution before the suspect can be arrested.
• Provide victims with appropriate brochures and document this in your report.

Victim's Rights and Brochures

• Interacting with crime victims and witnesses is a key responsibility.
• Being a victim may be a person's first experience with the criminal or juvenile justice system.
• Victims have certain rights.

Marcy's Law

• Requires officers to provide all victims and families with certain information.
• Victims have the right to:
  • Due process.
  • Fair and respectful treatment.
  • Freedom from intimidation, harassment, and abuse.
  • Accurate and timely notice of public proceedings.
  • Reasonable protection from the accused.
  • Prevent disclosure of information that can be used to locate or harass the victim.
  • Consult with the prosecuting attorney concerning plea agreements.
  • Be informed of all post-conviction processes and procedures.
  • Return of property no longer needed as evidence.
  • Full and timely restitution proceedings free from unreasonable delay.
  • Be informed of their rights and may seek the help of an attorney.
• The State Attorney mostly handles due process, freedom from intimidation, and other victim rights.

Victim Brochures

• Brochures explain rights and services, available in multiple languages on the FDLE website.
• Florida Statutes mandate distributing this information, so documentation is essential.
• This is a victim's rights and services brochure.
• Crime victims must receive a victim's rights brochure or information card at the crime scene or during investigation.
• The brochure provides information on:
  • Crime victim compensation availability.
  • Crisis intervention services.
  • The role of the victim in the criminal justice process.
  • The stages of the criminal justice process.
  • The right of the victim to be informed, present, and heard during proceedings.

Domestic Violence Victims

• Victims of domestic violence must also receive a notice of legal rights and remedies brochure at the earliest opportunity.
• This brochure discusses:
  • Definitions of domestic violence, sexual violence, dating violence, etc.
  • What Florida’s domestic law means.
  • What to do if the abuser violates an injunction.
  • The victim's information that is exempt from public inspection.
  • Who the victim should contact for more information.

Sexual Battery Victims

• Victims of sexual battery must also receive a "Sexual Battery: Your Rights and Services" brochure.
• The Florida Council against Sexual Violence publishes the brochure.
• The brochure contains:
  • A definition of sexual battery.
  • The rights of victims and possible compensation for medical care.
  • What evidence may be collected.

Brochure Distribution Chart

• All crime victims receive a victim's rights brochure and a Marcy's Law card/brochure.
• Victims and witnesses of domestic violence receive a notice of legal rights and remedies.
• Domestic violence victims and witnesses of sexual battery also receive a notice of legal rights and remedies.
• Victims of sexual battery receive the sexual battery rights and services brochure.

Transporting Victims and Witnesses

• You may be legally required to transport victims and witnesses of certain crimes, such as domestic violence, sexual battery, or child abuse.
• Follow agency policies and procedures.
• Perform a vehicle check afterwards.

Assault and Battery

• Some of the most common calls for service involve disputes and fighting.
• Chapter 784, Florida Statutes, outlines the elements of assault and battery.

Assault

• Involves verbal or non-verbal threats.
• A person who commits assault commits a misdemeanor of the second degree.
• Document that the suspect:
  • Intentionally and unlawfully threatened, by word or act, to do violence to a victim.
  • Appeared to have the ability to carry out the threat at the time.
  • Created in the mind of the victim a well-founded fear that violence was about to take place.
• The victim must have a well-founded fear that violence was about to take place, imminency.

Aggravated Assault

• Document that the suspect committed all assault elements and made the assault:
  • With a deadly weapon without intent to kill.
  • With intent to commit a felony.
• A weapon is deadly if someone uses or threatens to use it in a way likely to cause death or great bodily harm.
• Articulate in your report why the weapon is deadly.
• If a person points a gun with no intention of firing, it is aggravated assault if the victim fears they will be shot.
• A person who commits aggravated assault commits a felony of the third degree.

Battery

• Determine that the suspect did either of the following:
  • Actually and intentionally touched or struck the victim against their will.
  • Intentionally caused great bodily harm to the victim.
• Intentionally touching someone or causing bodily harm constitutes battery.
• Aggravated battery includes intent or knowing that you will cause great bodily harm.
• If the victim is pregnant, whether the suspect knew it or not, this upgrades to aggravated battery.
• For aggravated document the suspect committed a battery using:
  • A deadly weapon.
  • Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement.
• For a regular battery document that the suspect actually:
  • Intentionally touched or struck a victim against their will.
  • Caused significant injury, great bodily harm, permanent disability, or permanent disfigurement.
• When a suspect has one prior conviction for battery, aggravated battery, or felony battery and commits a second or subsequent battery, the charge is reclassified from misdemeanor battery to felony battery.

Domestic Battery by Strangulation

• A felony battery against a family or household member, or someone with whom the victim is in a dating relationship.
• The abuser knowingly and intentionally impedes the victim's breathing or circulation against their will.
• This can be done by:
  • Applying pressure to the throat or neck.
  • Blocking the victim's nose or mouth.
• Pressure must impede breathing or circulation for it to be strangulation, hands around the neck is not enough.

Initial Focus When Responding to Battery

• Officer safety, de-escalation.
• Determine if a crime occurred and what the suspect used (hands, fists, feet, object, weapon, etc.).

Reclassifications of Battery or Assault

• Reclassification can occur when the victim is 65 or older.
• A reclassification can occur when the victim is younger than 65, but they have to also be an employee of a public or private School wearing their uniform.
• This concept also applies to:
  • A sports official who is employed by a school
  • Public transit employee
  • Firefighter
  • Police explorer
  • EMS
  • Nurse or doctor
  • Criminal Justice Officer
  • Traffic accident investigative officer
  • A security officer employed by the Board of Trustees of a Community College
• Other parameters include being in uniform, being in the job, not off-duty and at home
• To properly reclassify crime, establish that the victim was on the job when the suspect was performing job duties at the time of the assaulted battery and the suspect knew.

Warrantless Arrest

• Chapter 901, Florida Statutes, allows an arrest for assault without a warrant if:
  • The assault occurs in your presence.
  • The assault occurs during a domestic violence situation.
  • The assault occurs upon law enforcement, firefighter, EMS, public transit employee, etc.
• The same chapter also allows officers to make a warrantless arrest for battery if:
  • There is probable cause to believe a misdemeanor has been committed.
  • That the person accused is the perpetrator of the crime.
• Probable cause may consist of physical evidence or sworn statements.

Domestic Violence

• Chapter 741, Florida Statutes, defines domestic violence as:
  • Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of one family or household member by another.
• Family or household member means:
  • Spouses, former spouses, people related by blood or marriage, people who live together as a family (or who have lived together), and people who are parents with a child in common.
• Except for people sharing a child, family members must currently or have lived together in the same dwelling.
• When arresting someone during a domestic violence incident:
  • The actual criminal charge will not be for domestic violence.
  • The charge may be for assault, aggravated assault, or battery.
  • The relationship determines that the incident is domestic violence.
• The most dangerous time of domestic violence call is upon arrival, as the abuser may be aware of the officer's arrival.
• Immediately consider if there are weapons, previous calls, and the abuser's presence.
• If investigation indicates probable cause involving family members, arrest the abuser.

Arrests

Arrest the primary aggressor, not someone acting in reasonable self-defense.

• When determining the abuser:
  • Compare evidence, injuries, statements.
  • Assess communication the location and past incidents.
  • Look for broken items and red flags.

Dating Violence

• Dating violence is violence between people who have or have had a continuing and significant relationship of a romantic or intimate nature.
• The criteria are:
  • A dating relationship within the past 6 months.
  • The character of the relationship, including affection or sexual involvement.
• The decision to investigate, arrest, and charge does not require the victim's consent.
• The officer is not liable for an arrest based on probable cause, enforcement of a court order, or service of process in good faith.
• Use children as witnesses if possible.
• Photograph and document physical evidence and lack of evidence carefully.
• Return in 24-48 hours to document or collect more evidence.
• Tell the victim and suspect why and where the suspect is being transported if you arrest.

Custody

• An adult suspect arrested for domestic violence must remain in custody until brought before the court for bail determination..
• Like dating violence, the decision to investigate, arrest, and charge does not require the victim's consent.

No Contact Order

• Prohibits any oral or written communication.
• Prohibits any physical or violent contact.
• Requires 500 feet distance from the victim's residence, vehicle, workplace, or regular visits.
• Typically part of pre-trial release for crimes against another person.
• Chapter 901 allows a warrantless arrest for violating a no contact order if the original arrest was for domestic violence.

Injunctions

• Although a civil action, its violation has criminal consequences.
• Law enforcement recognizes injunctions from all states and countries
• Florida does have a procedure to re-issue the order should you not accept it.
• Let victims know they can file for an injunction at the courthouse (forms are free).
• A judge will review the affidavit and grant or deny the request.
• Injunctions often involve child custody.
• Violation of a custody arrangement is a civil matter unless one of the conditions in chapter 741 is violated.
• Maintain the status quo and document the incident.
• Chapter 901 allows a warrantless arrest for a criminal act violating an injunction for protection.
• Victims often hesitate for fear of retaliation.
• An officer may petition the court for a risk protection order following agency policies.

Interviewing

• Determine if the violent behavior is an isolated event.
• Gather information surrounding the incident.

Child to Parent Domestic Violence

• Occurs when a child commits an act of violence against a parent, sibling, or other family member in the home.
• Individualized responses are required.
• Refer families to the Florida Network of Youth and Family Services for local and Statewide resources.

Documentation

• Florida law mandates documenting any allegation of domestic violence with a written report.
• Clearly state the reasons why if you do not make an arrest.
• You and your agency may assume liability.
• Send a domestic violence report to your nearest local certified domestic violence center within 24 hours of notification.

Stalking

• Involves unwanted and repeated attention, contact, or harassment.
• Can escalate to possessive and controlling behavior.
• Not limited to existing relationships; a suspect can be a stranger.
• Occurs as clusters of incidents in a brief period or repeated over a long time.
• Chapter 784, Florida Statutes outlines the elements of stalking.
• Stalking occurs when the suspect:
  • Willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim.
• Maliciously means:
  • Wrongfully, intentionally, without legal justification or excuse,
  • With knowledge that injury or damage will or may be caused to another person or their property.
• Stalking may not come to the attention of law enforcement until it has to progress to another crime.
• Aggravated stalking is:
  • Stalking except the suspect has made credible threats.
• A credible threat puts someone in reasonable fear for their safety.
• Cyberstalk means:
  • To engage in a course of conduct to communicate words, images, or language by electronic mail or communication.
  • Directed at a specific person and causing them substantial emotional distress for no legitimate purpose.
• Cyberstalking can include cyber intimidation and sexual cyber harassment.

Child Abuse

• In Florida, a parent has a right to discipline a child reasonably.
• Corporal punishment by a parent for disciplinary purposes does not constitute abuse when it does not result in substantial harm.
• The standard for discipline is based on parents who use reason, and act without malicious intent, not acting without reason or logic.
• For child abuse, document that the suspect:
  • Willfully and knowingly abused a child under 18.
  • Intentionally inflicted physical or mental injury Or
  • Committed an intentional act that could reasonably be expected to result in such injury Or
  • Actively encouraging someone else to do the same.
• Chapter 39 defines physical injury as:
  • Death, temporary or permanent disfigurement, or impairment of any body part.
• Types of harm include:
  • Sprains, dislocations, fractures or traumatic injuries
• Mental injury from child abuse is injury to the child's intellectual or psychological health.

Aggravated Child Abuse

• Document that the suspect:
  • Committed aggravated battery -Upon a Child. Or
  • Willfully tortured a child Or
  • Maliciously punished a child Or
  • Willfully unlawfully caged a child Or
  • Knowingly willfully committed child abuse causing great bodily harm, permanent disability, or permanent disfigurement.

Child Neglect

• Occurs when a caregiver fails to provide food, nutrition, clothing, shelter, medicine, and medical services essential for a child's well-being.
• More than a failure to use ordinary care; it is gross and deliberate negligence committed with disregard for the safety of the child.
• For child neglect, document that the suspect:
  • Was a caregiver for the child. And
  • Willfully failed to provide care.
• A caregiver is a parent, adult household member, or legal custodian responsible for a child's welfare.
• Legal custody is a legal status created by the court, so if the brother of the supposed victim is not listed by these means, he is not the caretaker.
• Child neglect is defined by these means:
  • Create by a Court Order
  • Right to physical custody of a child
  • Guidance
  • Nuturance
  • The right to nurture:
    • Food
    • Shelter
    • Medical
    • Psychiatric

Child Abandonment

• Chapter 39 defines abandonment as when their Legal custodian, while able, makes no significant contribution to care or to establish a relationship.
• A parent does not commit abuse, neglect, or abandonment if:
  • A newborn infant is brought at a hospital emergency room, EMS station, or fire station.
• When the parent leaves a newborn at a safe haven and expresses intent to leave, they are not exposing the child to unreasonable risk of harm.
• Florida Statutes outlines the treatment of surrendered newborns and their parents.
• Newborn infanct is 7 Days of age.
• Unless actual or suspected child abuse or neglect exists, a parent has the right to be.
• You may not pursure or follow a parent who surrenders a newborn.

Head Trauma

• Involves Traumatic brain injury to the head and brain of a child younger than 16 resulting is usually violent shaking or blunt impact.
• Is a form of possible Child Abuse.

Delinequency and Dependency of A Child

• It is a Crime document which can be reported as a crime to the Court.
• Document that the suspect younger than 18 committed an act meant to cause or encourage them to become delinquint or dependent.
• 3A3 Impreganating by way of sex 16 year old is contributing to the dependency.
• Also requires report even with consent.

Child Abuse protocol and actions

• emotionally difficult
• You must protect any injuries
• Sometimes, that means that there has to be a phyiscal remove to a place far away
• Statements and Crimes should
• The DCF need must have any personal data

Exploitation

• Adults and elderly may have unique needs and can be a person in risk of those who are around them.
• This can occur by those they trust.
• Look very carefully at who is doing what.
• Fiduaries or those with well being and trust
• Trustee or attorney power
• DO NOT ASSUME and is not a family civil matter.

• Taking property or fund

• An adult protective investigator, DCF is for children but not for adults. They
• They have authority without a court order to come investigate and should notify the Searg.
• DCF Services and API should always provide an investigation.

Abuse hotline

• Both DCF, Elderly, and those that can or cannot protect themsleves
• And if no crime API decides whether to pull someone from the home and where

Interferance

• Knowingly and recklessly took some one from custody or guardian.
• Whether a minor or not.
• Does not apply to a parent fleeing violence and preserve violence.
• There must be active court order as well.

Luring

• Interference with custody: does not happen with a crime
• Luring, there is a criminal intent.
• Requires crime and the kid needs to be 12
• Battery
• Molestation

False Imprisonment

• You have to be there by force threat or by restrain.
• Happens in Domestic violence.
• It also means that there is an imprisonment against their wishes.
• Or a child 13 or younger.
• You can place someone against will.
• Also must have lawuful athourity.

Kidnapping

• If one goes into kidnapping for an incident, it also to commit other felonies.
• Kidnapping is both a stateside felony.
• 13 years of old is for life AND MUST COMMIT OTHER CRIMES

Missing and or missing Endangered Persons

• Less than 18
• Adult
• Younger than 26
• A person Older than 26
• A diminshed person

Must be on the list:

• must have conculsion a real danger
• Photo/ description
• Approvoal by an agency

Amber Alert

• Is more dangerous or abducted.

There are five requirements.

• Clear Indication 12345
• Local law enforcement from agencies
• Detauled disctiptuion.
• Must conclude kid being in danger.

Silver Alert

• Is the recovery of Adults.
• Alzehimers
• Demetia.
• FDOT and
• FL DOT as what helps Requirements:
• 60 or older OR adults 18-59
• Verofie intellectual facitlties.

Has to meet the requiremens as FDOT And FHP Threat of credbility.

Florida dept helps rescue help with cognitively,

Purple Alert

• Is for those who have: Non Alzheyimerts Disiblity.

Blue Alert

• Helps to let pubcli know some one has done violence on those with the law.
• Immeadiatley provide infom with hhighwat, DLE, FHP

Cart helps law enforcemen to provide orgznaized response

Sexual

• SEverely severly under reponded cases: Those who are close to the person may feel the suspect has the ability to cause them harm. Consent means: An orgal Anal or vaginal penetration with Another. Consent by way of any item is not meant for medical or purposed medical or the law.
• You must not coer someone or somehting in sexual activity.

Consent cannot come from:

• Mentally defeective: Desease or a mental disorder.
• Incappacitated: Temp incapacity with naracotic: anstehtcic act. The lower end.
• Physcially helpess: uncouisious asleep. The higher end and will and there are no condisiderations/

Crime varries on the follwing: Forced, mental, wepaons.

###Trauma-Informed Approach

• Medical Invertvention
• Access to Serices
• You may ask the person to do a series of tests.
• Do any medical intervcentions

Must also do those tests.

• Forisensic
• Med Report
• You need to do criminal report as well Must send Sexual Offence Eveidnce it by 30 days.

Offesnes

• Lwd is those who a highly offensive
• Acticvy has to activery, knowing and volunatrley consent
• By explotaiton.

Sextual sex with ceraitn minors that are not consent to. Notify the surpervissm and notify all.

• You cannot touch a device or make other people touch a device at all.

• The dept doea nor let suspect in tocouh

• Call the superviosy

• Minuor cant take sexulat pictures.

A cart helps the law by getting and respinoding to the sence

Trafficking

• Is a form of slevery inclsudeing minors
• It involves hoding people and service comercailly or sex trade or with laber. If those who is in the service is underforce.

Look at if they are in the service in the area, keep the vicbtims though force, manuplaiton , fraud, or confisacations.

Recognize the conditonings and work. And is usually: Over crowded Controlled communications Dont have identificartions Their livings arent very good.

A death might have injuries and wounds which may not have shown right then.

• Cause is the spefific that leads to death Bleeding, gashe, cutts You may not be able to tell which the mannuers for death
• Natural
• Accidnet
• Suicede
• Homocide and _ Un deterermined.

Bodies go through rigamortis cooling off Color Change Notify the examiner Must have positive ID before talking to familuy

Trauagtic and emotional so reatin to it.

Said is death and is just like that until all causes are dissimised.

Law enforcement officers must conduct impartial investigations to earn public trust. Accuracy, detail, and professionalism are crucial due to public scrutiny. The first priority is to preserve life, followed by securing and preserving the scene for investigation using a systematic approach.