Osceola County Criminal Investigations Policy

• The Osceola County Sheriff's Office has set forth policies and procedures regarding criminal investigations
• Policy number 451.0, effective from 12/18/24, outlines the processes for criminal investigations

Order Overview

• It consists of the purpose, policy, definitions, and procedures related to criminal investigations

Purpose

• To ensure efficient usage of resources and data when investigations are carried out

Policy

• The agency is responsible for using investigative resources to maintain an effective criminal investigative function
• This function involves arresting and prosecuting perpetrators, as well as recovering stolen property

Definitions

• A case file is either a physical or electronic archive of relevant materials like case notes and evidence receipts
• Continuous supervision involves oversight by a sworn agency member with authority to control a prisoner or detainee and intervene when needed

Procedures for Criminal Investigations

• The Criminal Investigations Division (CID) is the primary unit for centralized and specialized investigative services
• Policy 202.0 outlines the organization of units responsible for criminal investigations
• Agency members are required to adhere to dress code policies outlined in Policies 330.0, 331.0, and the Civilian Employee Appearance Code
• Investigations must be thorough and comply with agency directives and applicable laws
• Completed case reports must be forwarded to a supervisor or designee for review
• Other agencies or agency units should be assisted in achieving their lawful objectives
• Conflicts of interest between agencies should be brought to a supervisor's attention
• Detectives are not obligated to help other agencies if it compromises an ongoing investigation
• Information relevant to other investigations should be forwarded to the appropriate Investigative Unit promptly
• Supervisors should be informed of multi-unit investigations
• Detectives should consult the agency's General Counsel (GC) or Assistant General Counsel (AGC) for legal matters
• The detective must notify a supervisor before getting in touch with the GC/AGC after working hours
• Intelligence on suspects and witnesses should be gathered and maintained for future investigative leads

Supervisor Notification

• Detectives conduct investigations independently with minimal supervision
• Investigations are assigned by the Supervisor or a designee
• Daily progress briefings for assigned cases are unnecessary unless directed otherwise
• Supervisors must be notified in specific circumstances
• Media events or investigations that the news media are inquiring about require supervisor notification
• Supervisor notification is required if a detective deems it necessary
• Detectives should consider their physical state during times of numerous and/or lengthy call-outs, and notify a supervisor

Work Hours

• A detective's schedules are determined by their Supervisor

Case File Maintenance System

• The purpose is to provide detectives and administrators with immediate information for active case investigations
• A physical or electronic working Case File must be maintained by the investigating member
• The case file should have the latest data
• Up-to-date case notes and related digital evidence should be included
• Complete Case Files for concluded cases are to be kept in the Records Section
• All evidence, including digital recordings, videos, and interviews, must be uploaded into an evidentiary storage system
• Detectives can maintain copies of investigative Case Files at their discretion
• Subsequent information must be sent to the Records Section in accordance with Policy 222.0
• Files should contain preliminary reports, records of statements, physical evidence results, case status reports, and other necessary records if applicable
• The Records Management System (RMS) maintains all original and supplemental reports and information
• Detectives, Crime Analysis members, and other law enforcement officers can review investigative files for legitimate and investigative reasons
• Investigative files are maintained according to Florida Public Records Law, Florida Archives, History and Records Management Act, and the General Records Schedule for Law Enforcement Agencies
• Detectives are to keep investigative copies of active cases in a secure location until closed or inactivated
• Closed or inactivated cases' investigative copies may be kept for future reference or destroyed by detectives
• Access to these files is restricted to non-essential personnel

Administrative Case Status

• Assigned cases must reflect administrative categories for case management and control
• Active indicates an open case
• Cleared by Arrest indicates a case solved for crime reporting purposes when someone is arrested or charged and turned over for prosecution
• Exceptionally Cleared indicates a case is satisfactorily resolved but prosecution is not pursued
• Cases can be Exceptionally Cleared if the victim does not want to assist further, even if the known perpetrator could be prosecuted
• Affidavit of Prosecutorial Summary (APS) means a Charging Affidavit is filed with the State Attorney’s Office (SAO)
• Unsolved (UNS) indicates open investigations for felonies resulting in death, carrying a life sentence, or involving long-term missing persons/unidentified remains which is not for property crime
• Closed cases have been concluded or transferred to another agency

Case Statuses Continued

• Unfounded cases have insufficient evidence to support the alleged offense
• Inactive cases have exhausted all leads, but the case remains suspended pending new information or evidence
• Unfounded by Patrol means the Patrol conducted the appropriate investigation, and the case is unfounded requiring no input from Criminal Investigations
• Arrest by Patrol means the patrol conducted the appropriate investigation, and the case was cleared by an arrest requiring no input from Criminal Investigations
• Warrant indicates the investigation is concluded, and a warrant has been issued for the suspect's arrest
• Unassigned indicates the case has been reviewed by Criminal Investigations and requires no investigative follow-up
• Cases assigned for investigation are recorded in the agency's software system which is updated by the unit Supervisor or designee
• All assigned investigations are reviewed by the unit Supervisor before being officially closed or suspended
• Victims must be informed of the current investigative status and aided in accordance with Policy 228.0
• Assigned detectives must notify victims of changes in case status, including arrests
• Victims must be notified and documented in a report or case notes if a case is inactivated

Confidential Informants

• Informants are a key tool and a recognized source of information where use and payment follow Policies 458.0 and 450.0

Preliminary Investigations

• Detectives may need to immediately respond and follow up on serious or complex cases beyond Patrol's capacity
• Patrol Supervisors are to respond to a scene and then contact the on-call investigative Supervisor
• Patrol provides a Detective if on duty, or the on-call detective Supervisor during off-hours requested by the Patrol Supervisor
• A Lieutenant or above will decide any disagreements regarding a detective's response
• Sworn members who are responding must comply with Policy 406.0 and relevant training bulletins during preliminary investigations

Follow-Up Investigations

• Investigations may be assigned to agency members or a detective, and follow-up responsibility may be assigned to others or routed
• The Investigative Unit Supervisor assesses the reports and determines the category for the case management criteria
• The Investigative Unit Supervisor will then assign a detective for further investigation
• General procedures include analyzing reports, agency records, lab results, and field contact cards
• Information is obtained from social networks, electronic databases, and records from the Tax Collector, Property Appraiser, and utility companies
• Lawfully obtained bank and credit card records can be used as external sources of information
• Information may also be obtained from second-hand dealers
• Conduct any necessary additional interviews and interrogations, including a second contact with the complainant
• Contact with the complainant can be in person, via phone, or written correspondence that will be recorded as supplemental
• Information is obtained from briefings, other sworn members, and informants
• Collect all physical evidence that has not previously been collected
• Searches of the Driver and Vehicle Information Database (DAVID) should be conducted
• Efforts should be made to Identify and apprehend suspects
• The suspect’s criminal history is to be determined
• Search and arrest warrants are to be sought when needed
• Information that may aid in the case should be disseminated
• Conduct surveillance activities in line with Policy 427.0
• Aid in prosecution

County Sheriff’s Office Detective Training Program

• This is in place to give standard training to new detectives
• The Detective Training and Evaluation Program is a 12-week program, consisting of three phases
• In Phase I, the new detective is assigned to a training officer for weeks one through four
• Daily evaluations are completed; scoring initiates on day two and the unit Supervisor does a weekly evaluation to advance to Phase II
• In Phase II, for weeks five through eight, the detective trainee works alone but is closely monitored
• A bi-weekly evaluation is done, and the unit Supervisor closely monitors the trainee to determine advancement to Phase III and complete the phase advancement
• In Phase III, which goes from week nine until week twelve, the detective trainee works alone while the unit Supervisor monitors progress and a final evaluation is performed
• Members with prior detective experience might have accelerated approval from the CID Bureau Major

Remedial Training

• If a trainee needs it, they may be granted an extension, but they must show they can perform at a satisfactory level
• Section Lieutenants or designees ensure training is documented in PowerFTO
• The training file in PowerFTO will be electronically closed and stored once the training program is done

Training Officers

• Each detective who trains must have completed the Field Training Officer course

Criminal Investigations Management and Case Screening

• Cases are divided into two assignment categories of information and active
• Information Cases may include evidence collected by Patrol, and/or cases without sufficient information or leads that is screened
• The cases may be assigned to a detective for investigative follow-up
• Active Cases involve sufficient information to develop suspects, leads, and prosecution
• Procedures to be followed include analyzing reports and re-interviewing individuals to develop further data
• After the Supervisor's approval, detectives utilize Public and Media Relations to develop information
• Witness statements should be written and/or recorded when possible
• Witnesses can be subpoenaed, but they should not be considered a suspect and will be granted immunity
• Arrangements are made with the SAO
• Informants may be confidential and include individuals from any source
• Sworn members should not overlook informants and should comply with Policy 458.0
• Detectives may work with other units for mutual objectives in accordance with agency directives

Further investigation

• Efforts to positively identify targets in investigations through show-ups, or photographic lineups are conducted in line with Policy 457.0
• The administration of Interviews, Interrogations, and Miranda Warnings aligns with Policies 271.0, 405.0, Detain Arrest and Search Procedures, and applicable Post Orders, Training, and Legal Bulletins
• All sworn members are authorized to use interview rooms within Sheriff’s Office facilities
• Adult and juvenile detainees or arrested persons must be kept separate without visual or sound contact unless involved in the same offense
• People in custody or detained for interviews or other purposes in an interview room must not be left alone
• There must be a sworn agency member's supervision who can intervene on behalf of the Sheriff’s Office or detainee
• A sworn member must be at the door of the interview room with an arrestee
• Two sworn members must be present if the arrestee is of the opposite sex or is a juvenile
• One-on-one interviews are allowed if the accompanying member(s) can hear or see
• Video monitoring does not replace direct physical control and supervision where supervisors communicate responsibility for one in custody
• Upon transferring someone, he/she is responsible for physical control while the receiving member understands this responsibility
• No arrested person should be secured to any immovable object unless designed for that purpose
• Members always take the safety of the area into consideration
• Detainees or arrestees must have their reasonable needs met promptly, and interview rooms should be neat
• The interview room door should never be secured from the inside
• The Communications Section must be notified before and after a member uses the interview room and the Simpson Road location is monitored
• Detectives must follow Policy 284.0 for evidence collection
• Surveillance may be used in accordance with Policy 427.0

Case Management

• The Investigative Unit Supervisor monitors continuing criminal investigations and reviews preliminary reports
• They assign reports to appropriate detectives
• Detectives may need interviews, information, review agency records, search warrants, surveillance, lab tests, dissemination of information, and physical evidence
• The State Attorney must review the management file package
• All possible help must be provided to the State Attorney, as well as the following being reviewed prior to being signed by a Judge or Assistant State Attorney
• Search Warrants
• Arrest Warrants
• Court order(s)
• Subpoena(s)
• Suspects may be linked to other crimes to lead to any additional charges and case closures
• Providing appropriate victim and witness contact
• If probable cause to arrest is present, efforts must be made to locate the suspect, or to secure an arrest warrant or capias

Person Investigation Checklists and Homicide Investigations

• Initial reports serve as checklists for investigations, while separate checklists have been made for special investigations
• Preliminary investigations are made by the initial member and should be as comprehensive as possible, including arrest if able, while the investigation should continue until no further actions can be made
• Recommended actions include checking crime scene conditions
• The crime scene is secured, eyewitnesses are identified, written statements are collected, suspects are interrogated, the perpetrator is arrested, and fingerprints/tools are searched for
• Any recovered is submitted, and the incident is reported accurately
• Homicides need intense investigation and fact verification as a Homicide Unit Detective will be called to investigate
• Prior to a detective's arrival, the scene needs checked for any immediate danger to present members, extent, and radio the dispatcher with medical info while securing the body if necessary and detaining suspects
• The integrity of the scene must be protected by not permitting removed of non-law personnel, any weapons at the scene must be undisturbed
• Members must isolate until they can be interviewed in detail, while a verbal statement must obtain, as well as any provided descriptions
• The dispatcher must receive suspect information, and complete identifying information must obtain for all
• Members shall brief detective is he/she shall assume responsibility for an arrive detective while controlling their directives and submitting forensic evidence
• Guidelines for the Homicide Unit can be found in PO 29.0
• Sex offenses can include both adult and juvenile victims that require detailed investigation with detailed consideration following P 287, PO 46 and SVU

Adult and Juvenile Sex Offence Investigations

• The following information should be obtained from the victim:
• Mode and direction of flight
• Suspect Name
• Destination
• Incident Location
• A SVU Detective should be notified, or transport them for necessary requirements
• When dealing with a juvenile victim, determine if the offender is a relative
• The scene must be secured to determine that an offense occurred with non-leading questions
• Special care is necessary to avoid leading questions on children
• This interview must be conducted without the presence of suspect, and a Victim Advocate is left to the discretion of the Patrol Supervisor or the detective
• SVU Detectives should be notified if the incident occurred within an 120 hour period, and reported to the abuse hotline if needed

Internet Crimes and Investigation Urgency

• Digital evidence is secured with the proper items, as the detective works on determining the urgency of the following exploitation factors:
• A child's age in general
• Threat to the victim
• Children in the suspect's presence
• When the incident was reported, as evidence may be lost
• The ICAC Supervisor must be notified to determine cause of action
• Missing children are handled with the Crimes Against Persons Unit Supervisor and the SVU Detective to determine the urgency given:
• Child's age
• Location
• Recent medical history or concerns

Levels of Response

• Made for information gathering, the Advanced Response may include media relations, door to door questioning, etc
• When specialized units are required, major search responses are initiated, a command post is made, and the ICS is needed for operation
• In the event of robbery cases, it must proceed to the danger caution

Proceeding after the Danger

• Arrive and determine, and keep your distance while maintaining the observation of other incoming personnel of possible weapon implied. Other areas include
• Notification of VCU and Violent Crimes Supervision
• Call-Out Police and Criteria
• Criteria is consistent with 406
• TA from P 31
• Task Force policy will lead to statements of accountability

Sensitive and Ongoing Investigations

• The initial goal is to attempt as a criminal is involved
• FCLIC, FDLE
• This investigation is conducted only with a criminal case