Podcast
Questions and Answers
What is the procedure for witnesses who are unable to read or write?
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?
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?
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?
What happens if the investigation determines that a violation did not occur?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Employee Interview Advice of Rights form?
What is the purpose of the Employee Interview Advice of Rights form?
What happens if the investigation determines that a violation might have occurred?
What happens if the investigation determines that a violation might have occurred?
What is the purpose of the narrative section of the investigation report?
What is the purpose of the narrative section of the investigation report?
What is the role of the Officer in Charge of the Internal Affairs Unit?
What is the role of the Officer in Charge of the Internal Affairs Unit?
What is the purpose of the finding section of the investigation report?
What is the purpose of the finding section of the investigation report?
When can the contents of the complaint and investigation be made public?
When can the contents of the complaint and investigation be made public?
What is the penalty for willfully disclosing confidential information obtained during an internal investigation?
What is the penalty for willfully disclosing confidential information obtained during an internal investigation?
What is the purpose of the I.A. Pro Computer Program?
What is the purpose of the I.A. Pro Computer Program?
What does 'Exonerated' mean in the context of an internal investigation?
What does 'Exonerated' mean in the context of an internal investigation?
What is the purpose of a memorandum drafted by the person making a finding of Exonerated due to Policy Failure?
What is the purpose of a memorandum drafted by the person making a finding of Exonerated due to Policy Failure?
What does 'Unsubstantiated' mean in the context of an internal investigation?
What does 'Unsubstantiated' mean in the context of an internal investigation?
What is the purpose of the Statement of Complaint Form?
What is the purpose of the Statement of Complaint Form?
What is the definition of 'Misconduct' in the context of an internal investigation?
What is the definition of 'Misconduct' in the context of an internal investigation?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Internal Investigation Final Action Record?
What is the purpose of the Employee Interview Advice of Rights?
What is the purpose of the Employee Interview Advice of Rights?
What is the primary responsibility of the Internal Affairs Unit?
What is the primary responsibility of the Internal Affairs Unit?
Who directs the Internal Affairs Unit to investigate a complaint?
Who directs the Internal Affairs Unit to investigate a complaint?
How are internal investigations assigned numbers?
How are internal investigations assigned numbers?
What is one of the types of complaints that the Internal Affairs Unit investigates?
What is one of the types of complaints that the Internal Affairs Unit investigates?
What is the first step an investigator takes when assigned a complaint?
What is the first step an investigator takes when assigned a complaint?
What is required of witnesses before commencing an interview?
What is required of witnesses before commencing an interview?
What is the purpose of the Confidentiality Notice Form?
What is the purpose of the Confidentiality Notice Form?
What is the final step in the investigation process?
What is the final step in the investigation process?
What is the purpose of the interview in an internal investigation?
What is the purpose of the interview in an internal investigation?
What is the requirement for witnesses provided by the member?
What is the requirement for witnesses provided by the member?
What type of examination may a member be required to submit to?
What type of examination may a member be required to submit to?
What is the purpose of the affidavit in the internal investigation report?
What is the purpose of the affidavit in the internal investigation report?
Under what circumstances may a member be required to submit to a polygraph test?
Under what circumstances may a member be required to submit to a polygraph test?
Who reviews the completed internal investigation file?
Who reviews the completed internal investigation file?
What happens to evidence provided by the member or discovered during the investigation?
What happens to evidence provided by the member or discovered during the investigation?
What happens to the internal investigation case file after approval?
What happens to the internal investigation case file after approval?
Under what circumstances may a supervisor relieve a member from duty?
Under what circumstances may a supervisor relieve a member from duty?
What is completed on all internal affairs investigative case files?
What is completed on all internal affairs investigative case files?
What is the purpose of the internal investigation report?
What is the purpose of the internal investigation report?
What is submitted to the Florida Department of Law Enforcement when an allegation is sustained?
What is submitted to the Florida Department of Law Enforcement when an allegation is sustained?
Who is notified in writing of the investigative finding and disposition?
Who is notified in writing of the investigative finding and disposition?
What is included in the header of the internal investigation report?
What is included in the header of the internal investigation report?
What happens when a complaint alleges member misconduct that would be a violation of state, federal, or local law or ordinance?
What happens when a complaint alleges member misconduct that would be a violation of state, federal, or local law or ordinance?
What is the meaning of an 'Exonerated due to Policy Failure' finding?
What is the meaning of an 'Exonerated due to Policy Failure' finding?
What happens if a criminal investigation is not directed?
What happens if a criminal investigation is not directed?
What is required for the investigative report to be valid?
What is required for the investigative report to be valid?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
What happens if evidence of criminal wrongdoing arises from an internal investigation?
What is the purpose of the confidentiality provision in the internal affairs investigation?
What is the purpose of the confidentiality provision in the internal affairs investigation?
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.