Law Enforcement Policy: Internal Affairs Investigations GO 225
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Questions and Answers

What is the procedure for witnesses who are unable to read or write?

  • The witness will be asked to sign a different form.
  • The investigator will read the Perjury and Oath Acknowledgement and Confidentiality Notice forms audibly to the witness and note on the form that they were read to the witness. (correct)
  • The witness will be exempt from signing the forms.
  • The investigator will ask another witness to sign on their behalf.

    • What happens if a witness refuses to sign the Perjury and Oath Acknowledgement and Confidentiality Notice?

  • The investigator will note on the form, 'Witness refused to sign,' and print the name of the witness on the form. (correct)
  • The witness will be asked to sign a different form.
  • The investigation will be terminated.
  • The investigator will not note the refusal on the form.

    • What is the purpose of the investigation report?

  • To exonerate the accused member.
  • To punish the accused member.
  • To summarize the complaint and the accusations of member misconduct. (correct)
  • To determine the guilt of the accused member.

    • What happens if the investigation determines that a violation did not occur?

    <p>The investigator may conclude the investigation without interviewing the accused member.</p> Signup and view all the answers

    What is the purpose of the Internal Investigation Final Action Record?

    <p>To maintain a record of all completed internal affairs investigations.</p> Signup and view all the answers

    What is the purpose of the Employee Interview Advice of Rights form?

    <p>To inform the accused member of their rights and responsibilities.</p> Signup and view all the answers

    What happens if the investigation determines that a violation might have occurred?

    <p>The investigator will proceed with interviews of the accused member.</p> Signup and view all the answers

    What is the purpose of the narrative section of the investigation report?

    <p>To contain the details of the investigation as they occurred in chronological order.</p> Signup and view all the answers

    What is the role of the Officer in Charge of the Internal Affairs Unit?

    <p>To review the completed internal investigation file.</p> Signup and view all the answers

    What is the purpose of the finding section of the investigation report?

    <p>To contain a statement regarding each accusation of misconduct.</p> Signup and view all the answers

    When can the contents of the complaint and investigation be made public?

    <p>When the investigation ceases to be active or the agency has made a final determination</p> Signup and view all the answers

    What is the penalty for willfully disclosing confidential information obtained during an internal investigation?

    <p>Penalties as provided by Florida law</p> Signup and view all the answers

    What is the purpose of the I.A. Pro Computer Program?

    <p>To document and manage internal investigations</p> Signup and view all the answers

    What does 'Exonerated' mean in the context of an internal investigation?

    <p>The officer's actions were lawful and/or proper</p> Signup and view all the answers

    What is the purpose of a memorandum drafted by the person making a finding of Exonerated due to Policy Failure?

    <p>To request a review of the policy, procedure, rule, or regulation</p> Signup and view all the answers

    What does 'Unsubstantiated' mean in the context of an internal investigation?

    <p>Sufficient credible evidence was lacking to prove or disprove the allegation</p> Signup and view all the answers

    What is the purpose of the Statement of Complaint Form?

    <p>To initiate the internal investigation process</p> Signup and view all the answers

    What is the definition of 'Misconduct' in the context of an internal investigation?

    <p>Any action or conduct that is in violation of ECSO Rules and Regulations</p> Signup and view all the answers

    What is the purpose of the Internal Investigation Final Action Record?

    <p>To document the outcome of the investigation</p> Signup and view all the answers

    What is the purpose of the Employee Interview Advice of Rights?

    <p>To inform the officer of their rights during the investigation</p> Signup and view all the answers

    What is the primary responsibility of the Internal Affairs Unit?

    <p>To investigate complaints of member misconduct or wrongdoing</p> Signup and view all the answers

    Who directs the Internal Affairs Unit to investigate a complaint?

    <p>The Sheriff or his designee</p> Signup and view all the answers

    How are internal investigations assigned numbers?

    <p>Starting with 'I' then the year, followed by the chronological number</p> Signup and view all the answers

    What is one of the types of complaints that the Internal Affairs Unit investigates?

    <p>Allegations of corruption and perjury</p> Signup and view all the answers

    What is the first step an investigator takes when assigned a complaint?

    <p>Interview all witnesses</p> Signup and view all the answers

    What is required of witnesses before commencing an interview?

    <p>They must be placed under oath and sign the Perjury and Oath Acknowledgement Form</p> Signup and view all the answers

    What is the purpose of the Confidentiality Notice Form?

    <p>To ensure witnesses understand the confidentiality of the investigation</p> Signup and view all the answers

    What is the final step in the investigation process?

    <p>Providing a finding based on the totality of the evidence to the Sheriff</p> Signup and view all the answers

    What is the purpose of the interview in an internal investigation?

    <p>To answer questions about their official duties</p> Signup and view all the answers

    What is the requirement for witnesses provided by the member?

    <p>They must be interviewed following established procedures</p> Signup and view all the answers

    What type of examination may a member be required to submit to?

    <p>Medical or laboratory examination</p> Signup and view all the answers

    What is the purpose of the affidavit in the internal investigation report?

    <p>To verify the accuracy of the investigation report</p> Signup and view all the answers

    Under what circumstances may a member be required to submit to a polygraph test?

    <p>When required by statute</p> Signup and view all the answers

    Who reviews the completed internal investigation file?

    <p>The Officer in Charge of the Internal Affairs Unit</p> Signup and view all the answers

    What happens to evidence provided by the member or discovered during the investigation?

    <p>It is maintained in the investigative case file</p> Signup and view all the answers

    What happens to the internal investigation case file after approval?

    <p>It is securely maintained in the Internal Affairs Unit</p> Signup and view all the answers

    Under what circumstances may a supervisor relieve a member from duty?

    <p>Only by order of the Sheriff or in compliance with General Order 403</p> Signup and view all the answers

    What is completed on all internal affairs investigative case files?

    <p>An internal investigation final action record</p> Signup and view all the answers

    What is the purpose of the internal investigation report?

    <p>To document the investigation process</p> Signup and view all the answers

    What is submitted to the Florida Department of Law Enforcement when an allegation is sustained?

    <p>A CJSTC Form 78</p> Signup and view all the answers

    Who is notified in writing of the investigative finding and disposition?

    <p>The accused member and the complainant (if other than the Sheriff)</p> Signup and view all the answers

    What is included in the header of the internal investigation report?

    <p>The IA Pro number and date of complaint</p> Signup and view all the answers

    What happens when a complaint alleges member misconduct that would be a violation of state, federal, or local law or ordinance?

    <p>The Internal Affairs Unit notifies the Sheriff or his designee</p> Signup and view all the answers

    What is the meaning of an 'Exonerated due to Policy Failure' finding?

    <p>The policy was inadequate or non-existent</p> Signup and view all the answers

    What happens if a criminal investigation is not directed?

    <p>The complaint is referred to the Internal Affairs Unit for a preliminary investigation</p> Signup and view all the answers

    What is required for the investigative report to be valid?

    <p>It must be executed and sworn before a notary public</p> Signup and view all the answers

    What happens if evidence of criminal wrongdoing arises from an internal investigation?

    <p>The internal investigation ceases and a memorandum is sent to the State Attorney</p> Signup and view all the answers

    What is the purpose of the confidentiality provision in the internal affairs investigation?

    <p>To maintain the confidentiality of the investigation</p> Signup and view all the answers

    Study Notes

    Policy and Procedure

    • The Escambia County Sheriff's Office accepts and investigates all complaints by citizens alleging member misconduct or wrongdoing.
    • The Internal Affairs Unit is responsible for investigating complaints as directed by the Sheriff.
    • The Unit will thoroughly investigate each assigned complaint and provide a finding based on the totality of the evidence.

    Investigation Authorization

    • The Internal Affairs Unit OIC or designee receives an order from the Sheriff or designee to direct an internal investigation.
    • The complaint will be logged in the I.A.Pro Computer Program and assigned an investigation number starting with "I" followed by the year and chronological number.

    Types of Complaints

    • The Internal Affairs Unit will conduct investigations into:
      • Incidents requiring lengthy, time-consuming, or multiple division investigations.
      • Allegations of corruption and perjury.
      • Gross misconduct.
      • Violations of civil rights.
      • Sexual harassment.
      • Any matter assigned by the Sheriff.

    Investigation Procedures

    • The investigator will:
      • Interview all witnesses, who will be placed under oath and read the Perjury and Oath Acknowledgement Form and Confidentiality Notice Form.
      • Obtain written or recorded statements from witnesses.
      • Determine if a violation occurred or did not occur based on the facts of the investigation.
      • If a violation did not occur, the investigator may conclude the investigation without interviewing the accused member.
      • If a violation might have occurred, the investigator will proceed with interviews of the accused member(s) as set forth by Florida Statutes.

    Investigation Report

    • The report will include:
      • A summary of the complaint and accusations.
      • A narrative of the investigation in chronological order.
      • A finding, including a statement regarding each accusation of misconduct.
      • The report will be reviewed by the OIC of the Internal Affairs Unit and provided to the Sheriff for review and approval.

    Final Action

    • A final action report will be made, and the file will be securely maintained in the Internal Affairs Unit.
    • The accused member will be notified via interoffice memorandum of the investigative finding.
    • An Internal Investigation Final Action Record will be completed on all completed Internal Affairs investigative case files.

    Confidentiality

    • Complaints filed against law enforcement officers will remain confidential until the employing agency makes a final determination.
    • The complaint and information will be available to law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal investigation.

    Definitions

    • EXONERATED: An incident occurred, but the employee's actions were lawful and/or proper.
    • EXONERATED DUE TO POLICY FAILURE: A finding or conclusion that a present policy, procedure, rule, or regulation covering the situation was non-existent or inadequate.
    • INTERNAL INVESTIGATION: An investigation of a complaint, which has been directed by the Sheriff, alleging member misconduct or wrongdoing.
    • SUSTAINED: A finding or conclusion that an allegation is supported by a preponderance of evidence.
    • UNFOUNDED: The allegation was demonstrably false or there is no credible evidence to support the complaint.
    • UNSUBSTANTIATED: A finding or conclusion that sufficient credible evidence was lacking to prove or disprove the allegation.

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    Description

    This quiz covers the policy and procedure of the Escambia County Sheriff's Office regarding internal affairs investigations, including complaint acceptance and investigation processes.

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