Boca Raton Police Department Investigative Services Bureau PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.100 INVESTIGATIVE SERVICES BUREAU Revised: March 11, 2022 I. PURPOSE: The purpose of this directive is to provide guidelines regarding the organization, operation, and administration of the Investigative Services Bureau (IS...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 42.100 INVESTIGATIVE SERVICES BUREAU Revised: March 11, 2022 I. PURPOSE: The purpose of this directive is to provide guidelines regarding the organization, operation, and administration of the Investigative Services Bureau (ISB), as well as the duties and responsibilities of the employees to accomplish the following: II. • To strengthen the investigative process. • To enhance career development for the individual employee. • To improve crime investigation reporting. • To improve preliminary investigations by Field Services officers. • To enhance the cooperation and communication between bureaus • To recognize and employ the leading methods, techniques, and procedures to investigate criminal violations, from the preliminary investigation through the follow-up investigation POLICY: The Department, in a vigorous and professional manner, shall investigate crimes that occur in the jurisdiction of the city of Boca Raton. The Department shall foster cooperation between the ISB and other organizational components. Employees of the Department are expected to use legal and professional tools to further investigations. III. DEFINITIONS: Cold Case Investigations: Any homicide, suspicious death, unidentified human remains and missing person’s cases (under suspicious circumstances) that have gone unresolved for two (2) or more years. Follow-up Investigation: An extension of the preliminary investigation to provide additional information to identify and affect the arrest of an offender and/or recover stolen property. Investigative Interview: The process, by which information is sought, obtained, and evaluated from person(s) having knowledge of events or circumstances related to an investigation. Online Investigations: Any investigation that requires Department employees to use an online service, including the Internet, to further a criminal investigation. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 1 of 11 Preliminary Investigation: The initial response by an employee at the scene. It includes gathering facts, observing circumstances, and securing the scene so that evidence is preserved. The preliminary investigation may also include locating and interviewing witnesses. It continues until a postponement of the investigation or transfer of responsibility. IV. PROCEDURE: A. ADMINISTRATION: 1. RESPONSIBILITIES: a. The Department is responsible for investigations of criminal violations of the Florida State Statutes and ordinances of the City of Boca Raton. b. Investigations include, but are not limited to, the following: i. To develop information. ii. To interview witnesses, victims, and/or suspects. iii. To collect, preserve, and analyze physical evidence. iv. To conduct surveillance. v. To gather intelligence and conduct background investigations. vi. To determine dispositions and closing cases. c. ISB employees shall conduct and coordinate all major criminal and narcotics investigations. A captain appointed by the chief of police will command the ISB and takes responsibility for the operation. d. The ISB shall maintain a Major Crimes Section with responsibility for the following: i. Investigation of all crimes that are assigned to the Major Crimes Section. ii. Crime scene support for all operations, including the processing and disposition of evidence. e. The ISB shall maintain a Strategic Operations Section with responsibility for the following: i. Narcotics sales, manufacturing, importation, and trafficking investigations. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 2 of 11 ii. Gathering, analyzing, and disseminating intelligence on all crimes of a continuing nature. 2. iii. Investigation of vice related crimes. iv. Tactical surveillance and crime suppression operations. v. Electronic surveillance operations. SELECTION: a. Law enforcement officers (LEOs) shall be selected for assignment as detectives and Tactical Team officers using the Transfer Selection Board process for specialized positions, as outlined in the Agreement between the City of Boca Raton and the Fraternal Order of Police, Lodge 35. 3. ON-CALL SCHEDULE: a. The ISB supervisors shall make on-call assignments of detectives and crime scene technicians, who shall be responsible for callouts when the need arises. 4. b. Callouts shall provide 24-hour coverage by the ISB. c. The on-call roster will be available via the Intranet. CASE DISTRIBUTION: a. An ISB supervisor shall make case assignments daily, so that related cases are assigned to detectives in a way that does not cause duplication of effort. Detectives are responsible to fully investigate all cases assigned to them. b. A supervisor may designate more than one detective to a case. If this occurs, a lead detective will be assigned to the case in the Records Management System (RMS). c. If the supervisor finds, through his/her review of reports, that a Patrol officer is working a case that is related to a detective’s case, the ISB supervisor shall contact the LEO’s supervisor. Either the case will be reassigned to the ISB or to the Patrol officer, to avoid duplication of effort. 5. LOGS AND REVIEWS: a. When the ISB supervisor reviews an Incident Report that has been forwarded to the ISB for follow-up investigation, he/she shall indicate the assigned detective’s name on the top of the Incident Report and forward it to the bureau’s administrative assistant. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 3 of 11 b. The bureau administrative assistant shall put the Incident Report into an assignment folder and log it in the RMS. After the bureau administrative assistant places the folder in the file, he/she shall place the folder in the detective’s case assignment bin. 15.01 c. It is the ISB sergeants’ responsibility to ensure detectives investigate and manage cases properly and complete his/her assignments. d. The ISB sergeants shall review all Incident Reports to ensure that each detective receives all reports that might assist him/her in his/her assigned investigations. 15.01 B. OPERATIONS: 1. ISB FOLLOW-UP INVESTIGATIONS: a. 15.01 Detectives will be responsible for follow-up investigations, to include: i. ii. Felony crimes against persons 15.01 a) Robbery b) Sexual battery c) Aggravated assault/battery d) Homicide Felony property crimes 15.01 a) Burglary b) Grand larceny, over $3,000 value c) Auto theft d) Vice and narcotics cases iii. Specific misdemeanor crimes and those offenses demonstrating a pattern of crime or that require investigation in a wide geographic area outside of the Department’s jurisdiction. 15.01 Effective: March 14, 2005 Revised: March 11, 2022 a) Worthless check cases, e.g., forgery or fraud b) Crimes of a sexual nature 1) Indecent exposure 2) Lewd/lascivious acts Investigative Services Bureau Directive No. 42.100 Page 4 of 11 iv. Crimes involving organized schemes to defraud v. Computer/on-line related crimes vi. Hate Crimes b. Volunteers or light duty employees assigned to the ISB may be assigned fraud, theft, and burglary cases in which no additional leads were available during the preliminary investigation. 2. CASE ASSIGNMENT: a. If a Patrol supervisor determines, after a preliminary investigation has been completed, that a case needs to be assigned to a detective, the case will be forwarded to an ISB supervisor for assignment. b. Once an investigation is completed and the ISB supervisor conducts a final review of the case, the ISB supervisor shall give the case folder to the bureau administrative assistant. The bureau administrative assistant shall verify that the case was closed in the RMS, and then forward the files to the Records Section for disposition in accordance with the Florida records law. c. All cases that are closed with a positive clearance or involve felony crimes against persons or those cases specifically designated by the ISB commander, shall be forwarded through the chain of command to the ISB commander. Every supplement that is forwarded must be signed by each supervisor who reviews the case. d. All homicides that are classified as a cold case investigation will be assigned to a specific Crimes Against Persons detective for further investigation. 3. ABSENCE OF ISB SUPERVISOR: a. In the absence of an ISB supervisor, each detective shall keep the watch commander apprised of follow-up activity to include, but not be limited to, the following: i. Search warrants ii. Surveillance iii. Out of City investigations iv. Any arrest and transport arrangements for prisoners b. Detectives shall brief the watch commander at the conclusion of his/her investigation, prior to going off duty. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 5 of 11 4. CASE DISPOSITIONS: a. To assist in case management and control, ISB supervisors shall assign the following case dispositions to cases as appropriate. i. Cleared by Arrest (CBA): person(s) responsible are known and have been arrested/charged with this crime and/or a lesser-included offense. ii. Exceptionally Cleared (EXC): person(s) responsible are known and could be charged, but circumstances beyond law enforcement control do not allow an arrest for this crime. iii. Unfounded (UNF): evidence does not substantiate that a crime occurred. iv. Active Case Warrant (ACW): a warrant has been filed requesting that a person(s) be charged with the crime. v. Inactive (INA): all available leads have been exhausted and the case is no longer being actively investigated. vi. Active Pending (INP): All active leads have been exhausted with the exception of pending DNA results. vii. If dispositions CBA, EXC, and UNF are assigned, it indicates that the case is closed, and no further follow-up is necessary in most cases. viii. Investigative efforts into a case shall continue until all leads have been exhausted and solvability factors no longer provide useful investigative information on which to follow-up. 5. CLEARED BY ARREST: a. Arrest of a principal aide, abettor, or conspirator may permit a clearance by arrest even if the person is charged with a lesser offense. i. A clearance by arrest can be taken when a juvenile offender commits an act that would be an offense if committed by an adult and some other action is taken beyond a mere warning or admonishment. ii. No juvenile clearance is claimed if a juvenile commits an offense with an adult. iii. Several crimes may be cleared by one arrest and multiple arrests may clear only one crime. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 6 of 11 6. EXCEPTIONALLY CLEARED: a. If all the following questions can be answered “yes,” then the offense may be listed as exceptionally cleared: i. Has the investigation definitely established the identity of the offender? ii. Is there enough information to establish probable cause to support an arrest? iii. Do you know the exact location of the offender, so that you could take him/her into custody immediately? iv. Is there some reason beyond law enforcement control that prevents the offender from being arrested/ charged? b. The following are examples of some of the situations meeting the criteria for an exceptional clearance: i. Suicide of the offender, the person responsible is dead. ii. Double murder, two persons kill each other. iii. Dying declaration, the person responsible dies after making the confession. iv. Law enforcement officers kill the offender. v. Confession by offender already in your custody or serving sentence. If a decision is made not to prosecute for the admitted offenses, then exceptional clearances will be taken; if prosecution was started, the clearances would be by arrest. vi. The victim refuses to cooperate in the prosecution. This does not “unfound” the offense and the answer still must be “yes” to the first three questions under Exceptional Clearances concerning identity, information, and location. vii. The handling of a juvenile offender either orally or by written notice to parents. In instances involving minor offenses such as petit larceny, no referral is made to juvenile court as a matter of generally accepted policy. viii. The crime committed is beyond the statute of limitations and the answer still must be “yes” to the first three questions under Exceptional Clearances concerning identity, information, and location. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 7 of 11 7. REFUSAL TO PROSECUTE: a. A refusal to prosecute can only be completed or audio/video recorded when the suspect is known, and the case can be exceptionally cleared. All refusals must be authorized by a supervisor on scene. b. A supervisor who authorizes a refusal to prosecute must respond to the scene, speak with the victim, and document the authorization in a written supplement. 8. REPORTS: a. Each detective shall submit a Supplemental Report for each case to which he/she is assigned and/or has assisted. 15.01 b. Cases not closed within 45 days are included in an Open 45 Day Case Report, which is completed by the sergeants in the Major Crimes Section and forwarded through the chain of command to the ISB Commander monthly. c. If a detective cannot locate a victim/complainant, he/she shall note the dates and times of each attempted contact in the supplement. d. All case files maintained by detectives will be maintained in a secure manner, so as not to jeopardize the integrity of the ongoing investigations. All closed case files will be forwarded to the Records Section for maintenance in accordance with Departmental Standards Directive 82.100 Records Section Operations. 15.01 9. INVESTIGATIVE COSTS: a. LEOs may elect to follow FSS 939 regarding the reimbursement of investigative costs to the Department. LEOs shall fill out an Investigative Costs Recovery Report form to be submitted to the Palm Beach County State Attorney’s Office if the total investigative costs exceed $1,000. All cost calculations and receipts shall be included in the submission. 10. PAWN SHOPS AND SECONDHAND DEALERS: a. Pawnshops and secondhand dealers are required to submit pawn transaction data electronically to the vendor approved by the county law enforcement agency. b. The county vendor receiving the data shall operate and maintain the electronic pawn database. c. Approved Department employees shall have access to the electronic pawn database. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 8 of 11 d. Detectives shall complete a check of all property pawned to establish possible investigative leads and/or suspects in his/her cases. e. Information retrieved from the electronic pawn database shall only be used for investigatory purposes. 11. RADIO PROCEDURE: a. Each detective shall call in 10-8 (In-service) at the beginning of his/her shift and 10-7 (Out-of-service) when his/her shift ends. This can be done on the Mobile Communication Terminal (MCT) or over the radio. b. Each detective shall keep abreast of all radio traffic to ensure his/her safety, as well as being available to assist fellow LEOs as the need arises. c. If responding to a call or to assist another LEO or assist in a search, the detective must advise Communications that he/she is responding or in the area. Detectives shall assist the zone unit as well as the supervisor on-scene to make the necessary assignments he/she deems appropriate. d. MCT. 12. Detectives will document his/her activity over the radio or by using the CAR STOPS: a. If the need arises to initiate a car stop, detectives shall request the assistance of a marked unit if possible. b. Car stops for minor traffic infractions are not encouraged for detectives. c. If a serious or life-threatening situation exists, detectives shall take appropriate action. d. It is imperative that detectives identify themselves as soon as practical by way of his/her badge and City identification, which are to be carried at all times while he/she is on duty. 13. BRIEFING: a. Unless otherwise directed, the ISB commander or his/her designee shall hold briefings every morning at a time he/she designates. Attendance is mandatory unless extenuating circumstances exist. b. time. Each detective shall adjust his/her appointments to allow for briefing c. If circumstances do not allow for attending briefing, the detective shall notify an ISB supervisor. Effective: March 14, 2005 Revised: March 11, 2022 Investigative Services Bureau Directive No. 42.100 Page 9 of 11 14. ATTENDANCE OF DETECTIVES AT PATROL BRIEFINGS: a. The purpose of detectives periodically attending Patrol briefings is to keep Patrol and ISB LEOs apprised of ongoing events of mutual concern, exchange information, and enhance the relationship between the bureaus. b. Attendance at briefings shall be documented in a shift briefing log as well as the Patrol Shift Report. c. Detectives are encouraged to seek assistance from Patrol officers concerning cases he/she may be working and to assist Patrol officers in his/her cases, when appropriate. d. The detective who periodically attends the Patrol briefings shall be expected to report any pertinent information obtained at the next briefing for detectives. 15. DETAINEES: a. When a detective makes an arrest, the detainee is his/her responsibility until he/she turns over the detainee to a Patrol officer for transport or release. b. The detective shall notify an ISB supervisor that a detainee is in custody in the Temporary Detention and Processing Facility. i. The detective shall follow all applicable detainee directives (Departmental Standards Directive 71.100 Detainee Transportation and Standard Operating Procedure 71.01 Detainee Processing). He/she will write a report based on the interview, if pertinent information was obtained, and brief the arresting officer. 16. TEMPORARY ASSIGNMENT OF OFFICERS TO THE ISB: a. The Department allows for temporary rotating assignments for LEOs to the ISB to give employees the opportunity to grow individually and expand his/her knowledge of Department activities. b. Upon completion of an LEOs probationary period, the division commander may reassign an LEO to the ISB for at least 90 days. c. The LEO shall be assigned to an ISB detective to assist the detective with cases. d. The assignment shall be based on an analysis of workforce allocation and a review of the LEO’s skill, experience, and training. e. Effective: March 14, 2005 Revised: March 11, 2022 The FSD commander shall ultimately decide who shall be assigned. Investigative Services Bureau Directive No. 42.100 Page 10 of 11 V. REFERENCES: A. FSS 775.085 B. Departmental Standards Directive 44.100 Juvenile Delinquency, Prevention, Control and Commitment C. Departmental Standards Directive 43.100 Vice, Intelligence, and Narcotics Unit (VIN) D. Departmental Standards Directive 71.100 Detainee Transportation E. Standard Operating Procedure 71.01 Detainee Processing F. Departmental Standards Directive 74.300 Criminal Process Arrests/Searches Approved: Michele Miuccio Chief of Police Effective: March 14, 2005 Revised: March 11, 2022 Date: Investigative Services Bureau Directive No. 42.100 Page 11 of 11