Hollywood Police Department SOP 245 - Criminal Investigations PDF

SOP HOLLYWOOD POLICE DEPARTMENT...

SOP HOLLYWOOD POLICE DEPARTMENT #245 CRIMINAL INVESTIGATIONS ORIGINATION DATE: 04/27/2001 REVISED DATE: 04/26/2024 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: To provide policy, procedures, and guidelines for conducting effective preliminary and follow-up investigations. SCOPE: This SOP applies to all members of the Department. POLICY: Investigations begin upon the first notification that a crime may have been committed and end when the case is solved, and the perpetrator has been arrested, prosecuted, or otherwise resolved. Each member participating in the investigation must understand their responsibilities and the parameters under which they must operate. INDEX: I. CONSTITUTIONAL REQUIREMENTS.................................................................................................. 3 II. FIELD INTERVIEWS.............................................................................................................................. 3 A. CIRCUMSTANCES WHERE FIELD INTERVIEWS ARE APPROPRIATE:.......................................................... 3 B. RECORDING THE FIELD CONTACT:....................................................................................................... 3 C. DISTRIBUTING THE RECORD:............................................................................................................... 3 III. RESPONDING MEMBER’S RESPONSIBILITIES WHILE CONDUCTING PRELIMINARY INVESTIGATIONS................................................................................................................................. 3 A. PRIMARY RESPONSIBILITIES:............................................................................................................... 3 B. SECONDARY RESPONSIBILITIES:.......................................................................................................... 4 IV. INVESTIGATIVE PROCESS.................................................................................................................. 4 A. LOCATING AND IDENTIFYING WITNESSES:............................................................................................ 4 B. ARRESTING SUSPECT(S):.................................................................................................................... 4 C. INCIDENT REPORTING:........................................................................................................................ 4 V. CRIME SCENES.................................................................................................................................... 4 A. CRIME SCENE SECURITY:................................................................................................................... 4 B. MEMBER IN CHARGE:.......................................................................................................................... 5 C. CRIME SCENE TECHNICIANS:.............................................................................................................. 5 D. COLLECTION AND PRESERVATION OF PHYSICAL EVIDENCE DURING PRELIMINARY, FOLLOW-UP, OR CRIMINAL INVESTIGATIONS:................................................................................................................. 6 E. VIDEO EVIDENCE................................................................................................................................ 6 VI. INTERVIEW TECHNIQUES................................................................................................................... 6 SOP 245 Criminal Investigations Page 1 of 19  A. PREPARATION:................................................................................................................................... 6 B. DIALOGUE:......................................................................................................................................... 7 C. PROHIBITIONS:................................................................................................................................... 7 VII. INTERVIEWING VICTIMS, WITNESSES, COMPLAINANTS AND SUSPECTS.................................. 7 A. VICTIMS, WITNESSES, & COMPLAINANTS:............................................................................................ 7 B. SUSPECT(S):...................................................................................................................................... 7 VIII. DIGITAL RECORDED AUDIO, BODY-WORN CAMERA VIDEO & HANDWRITTEN STATEMENTS 8 A. DIGITAL RECORDED AUDIO STATEMENTS:........................................................................................... 8 B. PROCESSING DIGITAL RECORDED AUDIO STATEMENTS:....................................................................... 8 C. VIDEO RECORDED STATEMENTS:........................................................................................................ 9 D. BODY WORN CAMERA RECORDED STATEMENTS:............................................................................... 10 IX. FOLLOW-UP INVESTIGATIONS........................................................................................................ 10 A. PRELIMINARY INVESTIGATIONS REPORT REVIEW AND ANALYSIS:........................................................ 11 C. ADDITIONAL INTERVIEWS:................................................................................................................. 11 D. INFORMATION DEVELOPMENT:........................................................................................................... 11 E. REVIEW OF RESULTS FROM LABORATORY EXAMINATIONS:................................................................. 11 F. INFORMATION DISSEMINATION:.......................................................................................................... 12 G. SURVEILLANCE:................................................................................................................................ 12 H. PLANNING, ORGANIZING, AND CONDUCTING SEARCHES:.................................................................... 12 I. IDENTIFYING AND APPREHENDING SUSPECTS:................................................................................... 13 J. SUSPECT’S INVOLVEMENT IN OTHER CRIMES:.................................................................................... 13 K. PREPARING CASES FOR COURT PRESENTATION:............................................................................... 13 L. ASSISTING IN PROSECUTION:............................................................................................................ 14 X. TECHNICAL AIDES............................................................................................................................. 14 A. AUTHORIZATION:.............................................................................................................................. 14 B. C.V.S.A./POLYGRAPH TESTING:....................................................................................................... 14 C. USE OF CVSA AND/OR POLYGRAPH EXAMINATIONS WITH VICTIMS OF SEXUAL VIOLENCE:................... 14 D. EXAMINERS:..................................................................................................................................... 14 XI. LEGALITY AND INTEGRITY OF CRIMINAL INTELLIGENCE.......................................................... 15 A. LIMITED INFORMATION:..................................................................................................................... 15 B. UTILIZING INTELLIGENCE MEMBERS, EQUIPMENT, AND TECHNIQUES:.................................................. 15 C. INFORMATION TYPES:....................................................................................................................... 16 D. INFORMATION PURGING:................................................................................................................... 16 E. SAFEGUARDING INTELLIGENCE INFORMATION:................................................................................... 16 F. SECURE ENVIRONMENT:................................................................................................................... 16 G. COMPUTER SECURITY:..................................................................................................................... 16 H. INTELLIGENCE RECORDS SECURITY:................................................................................................. 16 XII. INVESTIGATIVE CASE FILE MAINTENANCE................................................................................... 17 XIII. CASE CLEARANCE TYPES............................................................................................................... 17 SOP 245 Criminal Investigations Page 2 of 19  A. CLEARED BY ARREST:...................................................................................................................... 17 PROCEDURE: I. CONSTITUTIONAL REQUIREMENTS Members will ensure compliance with constitutional requirements during all criminal investigations, including interviews, interrogations, and access to counsel. Members will be guided by Chapter 901, Florida Statute, the procedures outlined in this SOP, and the procedures and guidelines promulgated in the Arrest Procedures SOP. II. FIELD INTERVIEWS As part of their normal duties, Police Officers investigate circumstances that arouse reasonable suspicion of criminal activity or cause alarm. When persons are detained under these circumstances, the stop will be conducted in accordance with Florida Statutes and constitutional law. A. Circumstances where Field Interviews are Appropriate: Field interviews may be appropriate under the following circumstances: 1. When an individual becomes a suspect, but the evidence does not support an arrest. 2. The person is a possible suspect in a crime, or his physical description matches the suspect in a specific crime. 3. The person committed a minor infraction in the Officer’s presence, and a Field Interview was completed in lieu of arrest. 4. The person was engaged in suspicious activity, which focused the Officer’s attention on them. 5. When an Officer comes into contact with an individual for a legitimate reason and believes information about the contact could become valuable at a later time. 6. During consensual encounters. 7. If at any time during the Field Interview, the Officer considers placing the subject under arrest (i.e., loitering and prowling), Miranda warnings must be given before requesting additional information. B. Recording the Field Contact: Field interviews will be documented and completed using the OSSI MCT/Software. If a member does not have a Mobile computer available for use, a Field Contact Report may be completed in MobLan. C. Distributing the Record: Field Contact Reports will be completed prior to the end of the Officer’s shift and submitted directly into the RMS system. III. RESPONDING MEMBER’S RESPONSIBILITIES WHILE CONDUCTING PRELIMINARY INVESTIGATIONS The preliminary investigation begins when the first Member arrives on the scene of a crime. Responding Officers may use the procedures established in this Section under Subsections A & B as an Investigative Checklist. A. Primary Responsibilities: The first responding member to arrive at the scene of a crime or other Police incident is responsible for, but not limited to, the following primary responsibilities: 1. Summoning medical assistance and administering first aid. 2. Protecting life and property. SOP 245 Criminal Investigations Page 3 of 19  B. Secondary Responsibilities: The following steps will be followed when conducting Preliminary Investigations: 1. Securing and maintaining the crime scene and protecting evidence. 2. Observing all conditions, events, and remarks. 3. Locating and identifying witnesses. 4. Conduct area canvasses to determine the location of any available surveillance video recording devices and secure and/or arrange for their recovery. (see Section V. E) 5. Interview victims, complainants, witnesses, and suspects. 6. Obtain appropriate and accurate affidavits from victims and witnesses. 7. Administer (BWC) sworn statements should the preliminary investigation of an incident dictate. (see Section VIII. D.) 8. Verify all suspects(s) identities via DAVID. 9. Interviewing Fire Rescue personnel to ascertain if they have moved or damaged any items of evidentiary value. The appropriate information will be incorporated into the reporting Member’s Field Report. 10. Arranging for the collection of evidence. 11. Arresting the suspect. 12. Notifying Detectives and Supervisors. 13. Reporting of the incident thoroughly and accurately. IV. INVESTIGATIVE PROCESS A. Locating and Identifying Witnesses: Witness location and identification will be accomplished as follows: 1. Officers will conduct an area canvas to locate witnesses. 2. An Officer’s business card will be attached to a Hollywood Police Department Door Hanger (see Appendix G) and left at locations where contact could not be accomplished. 3. Verify the identity of witnesses by obtaining a valid form of identification, such as a Driver’s License. 4. Document all pertinent addresses, phone numbers, and e-mails. 5. Obtain accurate descriptions of persons and vehicles involved. 6. Keep witnesses separated to maintain the integrity of the information obtained. B. Arresting Suspect(s): Officers will be guided by Federal, State, County, and City Laws and the procedures and guidelines established in the SOP #203 Arrest Procedures. C. Incident Reporting: Members will thoroughly and accurately report all information pertinent to the investigation on a Mobile Field Report. Additional Supplemental Reports and Forms will be completed as applicable. V. CRIME SCENES A. Crime Scene Security: Crime Scenes must be preserved in their original condition to preserve the condition of evidence before and after collection and to prevent contamination of the evidence. SOP 245 Criminal Investigations Page 4 of 19  1. The first responding Officers will be responsible for identifying and securing the crime scene. The scene will be secured and surrounded with crime scene tape. 2. The first responding Supervisor will ensure the crime scene is secured. 3. Unauthorized personnel will not enter designated crime scenes. 4. Access into a Crime Scene will be limited to the following authorized Members: a. Officers or Detectives assigned to the investigation. b. Crime Scene Technicians assigned to the incident. c. Supervisors should limit their access to crime scenes based on investigative needs. 5. The Supervisor will designate a Protecting Officer to provide security for the crime scene. The Protecting Officer will be responsible for the following: a. Preventing unauthorized admission into the crime scene. b. Starting and maintaining a Crime Scene Admission Log (see Appendix A) and Crime Scene Vehicle Log (see Appendix F) until relieved or until the crime scene is resolved. c. Issuing latex gloves to each person entering the crime scene. These gloves will be worn at all times within the crime scene. 6. Additional Officers may be assigned to protect the crime scene at major scenes. B. Member in Charge: The Ranking Detective at a crime scene will be in charge of the investigation when present. In the absence of a Detective, the highest-ranking Officer will be in command. C. Crime Scene Technicians: Crime Scene Technicians will process all crime scenes, working in conjunction with the investigating Officer on the scene. These duties will include: 1. Taking photographs. 2. Searching for evidence. 3. Retrieving evidence. 4. Obtaining sufficient samples of evidence for analysis by the BSO or other Crime Lab(s). The FDLE Evidence Manual may guide CSTs in ascertaining what constitutes sufficient samples for specific items of evidence. 5. Submitting evidence to the Property and Evidence Unit. 6. Crime Scene Technicians will not take controlled substances into custody as evidence. a. When large bags or containers holding a controlled substance need to be processed by a Crime Scene Technician, and it is impractical to remove it, the Technician will process the container in the presence of an Officer. b. When the processing is completed, the Officer will be responsible for taking custody of the controlled substance and entering it into the Property and Evidence Unit. 7. Crime Scene Technicians are available on a 24-hour basis and are primarily responsible for crime or crash scene evidence processing and will receive the following specialized training: a. Detection and collection of latent fingerprints and palm prints. b. Detection and collection of foot, tool, and tire impressions. c. Digital photography and sketches. d. Collection, preservation, and submission of physical evidence, including biological materials. SOP 245 Criminal Investigations Page 5 of 19  8. Members of the Crime Scene Investigations (CSI) Unit involved in crime scene or crash scene evidence processing must complete refresher training on any new procedure or equipment the Department may adopt. D. Collection and Preservation of Physical Evidence during Preliminary, Follow-up, or Criminal Investigations: Evidence coming into the possession of a Department Member will be preserved, collected, and submitted to the Property and Evidence Unit in accordance with the procedures and guidelines outlined in this SOP and (SOP #270 Property and Evidence.) 1. All members are responsible for securing and protecting crime scenes and evidence. The CSI Unit is responsible for the collection and preservation of evidence. 2. Officers will collect evidence only when the possibility exists that it may be destroyed, contaminated, or lost. 3. The only members authorized to collect photographs of any crime scenes, crash scenes, or other law enforcement business are Crime Scene Technicians, designated Community Service Officers, or any Member given authorization by a Police Supervisor for a specific scene. 4. Members will not utilize any personal cell phone, camera, or other electronic device to photograph, record, or distribute any images or sounds of incidents encountered during their course of duty, with the exception of Physical Evidence “Short Lived” (see SOP #270, VI, I). E. Video Evidence Video evidence coming into the possession of a Department Member will be preserved, collected, and submitted to the Property and Evidence Unit in accordance with the procedures and guidelines outlined in this SOP and (SOP #270 Property and Evidence.) Officers, Community Service Officers, Victims, and Witnesses can submit videos of evidentiary value directly to the Department via the email below. [email protected] 1. If a digital copy or link to video evidence cannot be obtained, a video recovery request should be sent to the Department at the same address listed above for follow-up. 2. All video evidence submissions and recovery requests will be reviewed by TEC Unit personnel and must include the following; a. Case number b. Location c. Date/time. d. Contact information. e. Brief synopsis of the case VI. INTERVIEW TECHNIQUES A. Preparation: Members will conduct interviews that will effectively extract pertinent information. 1. If an interview occurs at Police Headquarters, it should be conducted in a designated interview room. 2. Ensure the location has adequate lighting and acoustics during the interview. 3. No more than two members are recommended to conduct the interview. 4. At a minimum, interviews/interrogations will be audio-taped. (see Section VIII. C for Video Recorded Statements.) SOP 245 Criminal Investigations Page 6 of 19  B. Dialogue: The interview may be accusatory or non-accusatory in nature. 1. The interviewer should attempt to develop a rapport with the person interviewed. 2. Don’t suggest answers. 3. Note verbal and non-verbal language. 4. Speak in a clear and concise manner. 5. Provide for the availability of a translator, if applicable. C. Prohibitions: The following prohibitions apply in all interview situations: 1. Subjects will not be subjected to unusually long interview periods. 2. Subjects will not be denied necessities such as water, food, or use of facilities. 3. Subjects will not be subjected to physical abuse or threats. 4. Inducements or promises will not be used to extract information from the interviewed party. VII. INTERVIEWING VICTIMS, WITNESSES, COMPLAINANTS AND SUSPECTS A. Victims, Witnesses, & Complainants: Members will interview victims, witnesses, and complainants to prove or disprove reported information, obtain facts, and gain additional knowledge. The following procedures will be followed: 1. Interviews of victims, witnesses, and complainants should be conducted at a location that provides reasonable comfort for the people involved. 2. The Officer should note in the appropriate reports the condition of the victims, witnesses, and complainants at the time of the interview. 3. Victim, witness, and complainant statements must be fully documented and may be obtained in writing, audio, or video-recorded format. a. Body-worn Worn Camera (BWC) statements are the preferred format. 4. Reluctant witnesses may be subpoenaed for an interview by the State Attorney’s Office when necessary. B. Suspect(s): The following procedures will guide the Officer in conducting suspect interviews and interrogations. 1. Interviews and interrogations with suspects will be conducted in accordance with established State and Federal Law and in compliance with constitutional requirements. 2. If a Detective is being dispatched to interrogate a suspect, or the Officer believes a Detective would desire to conduct an interrogation, Officers will refrain from reading Miranda Warnings and/or interrogating the suspect. 3. Officers are to advise suspects of their constitutional rights and access to counsel pursuant to the Miranda decision by reading said rights from a prepared text. These rights are to be read prior to all custodial interrogations, regardless of whether the suspect states he is familiar with his rights. 4. The Investigating Member should have the suspect read and sign a Hollywood Police Department Rights Confirmation Form (see Appendix B) prior to questioning. The Form is available in the Storeroom and explains the suspect’s constitutional rights in English, Spanish, Creole, and French. SOP 245 Criminal Investigations Page 7 of 19  5. The investigating Member will also request the suspect sign the Waiver of Reading and Signing Statement Form (see Appendix D). 6. The Officer's report will note the time, date, location, and the Officer administering the Miranda warnings. 7. Officers must advise the person of the nature of the investigation prior to advising them of their Fifth Amendment rights. 8. Officers will not make any promises or offer any inducements to lead a person to waive constitutional rights or to make a statement. 9. The Officer is to refrain from initiating further conversation with a person once they invoke the right to have counsel present or decide not to make a statement. Only if the person makes an overture or initiates further conversation may questioning begin again. VIII. DIGITAL RECORDED AUDIO, BODY-WORN CAMERA VIDEO & HANDWRITTEN STATEMENTS The use of audio, video, and written statements in presenting a case to the State Attorney’s Office is an important facet of the investigating member’s work. A. Digital Recorded Audio Statements: The following procedures will guide a member when conducting taped statements: 1. When taking statements, care will be used to ensure all elements of the crime are covered. 2. Ensure all parties involved in the recorded statement speak in a clear and sufficiently audible tone. 3. Whenever possible, ensure the acoustics of the room where the statement is being taken lend themselves to intelligible recording. 4. Statements will be taken during normal working hours when possible. Supervisory approval must be obtained if overtime is anticipated. B. Processing Digital Recorded Audio Statements: The processing of digital statements will be accomplished in the following manner: 1. Detectives will download the recording and make CD copy(s) to be placed into property as evidence. 2. When submitting recordings for transcription, the file will be sent to CID Statements via Microsoft Outlook e-mail. The Detective will include: a. Investigating member’s name and badge number. b. Case number. c. Date the statement was taken. d. Name of the person who gave the statement. e. Incident signal f. In instances requiring the immediate transcription of a statement, Detectives will list it as “Priority.” 3. When completed, the CID Secretary will return the transcribed statement to the investigating Detective. If the investigating member is unavailable, the statement will be given to the investigating member’s Supervisor. The Supervisor will secure the tape and statement until they can be delivered directly to the investigating member. 4. The investigating Detective will review the statement and recording for accuracy and completeness. Any corrections will be made and returned to the CID Secretary. 5. The investigating Detective may maintain a copy of the statement in the Investigative Case File. SOP 245 Criminal Investigations Page 8 of 19  C. Video Recorded Statements: All interviews or interrogations of felony suspects conducted by the Investigative Services Section, Crimes Against Persons Detectives, will be video recorded. A minimum of two sworn members will be utilized for this process; one member will conduct the interview, and one member will monitor and operate the video recording equipment. The following procedures will be followed: 1. From the Video Technology Room: A Detective will log into the Interview Room Command Center under their username and password. The Detective will choose the appropriate interview room and start the recording prior to the suspect entering the room. Each room has been set up for video recordings, and the recording will not be stopped until the interview is completed, and the suspect has left the interview room. 2. Members are not required to notify suspects/arrestees that they are being covertly video and audio recorded since there is no expectation of privacy within a Police Department building. 3. During custodial interrogations, members will indicate on video that the person understands his constitutional rights. 4. Each suspect's interview or interrogation will be recorded separately and on a separate DVD. Should a suspect be re-interviewed, a new recording will be utilized and recorded onto a new DVD. If a Detective interviews or interrogates multiple suspects or covertly records conversations between multiple suspects, a new recording will be utilized and recorded onto a new DVD. 5. The Criminal Investigations Division will provide and maintain the video technology room. This room will contain a desktop computer with the Interview Room Command Center login. A supply of new, unopened DVDs will be available for use on the desktop computer. 6. When a video recording is to be made of an interview or interrogation, a Detective will monitor and operate the Interview Command Center Program throughout the entire interview or interrogation. a. Once the Detective ensures the Interview Command Center Program is operating properly, the Detective will notify the Interviewing member that they may proceed with the interview or interrogation. The program will begin recording prior to the suspect entering and will continually record throughout the interview or interrogation without stoppage until the suspect leaves the room. Only then may the program be turned off. 7. Upon completion of the interview or interrogation, the Case Detective will burn/record three video recordings on DVDs and enter them into evidence. The DVDs will be marked with: a. Hollywood Police Case Number. b. DVD number 1-3. (1). #1, DVD 1, 2… Which will be an original DVD for evidence. Any copies are to be made from this original DVD. (2). #2, DVD 1, 2… Which will be an original DVD for the State Attorney. (3). #3, DVD 1, 2... Which will be an original DVD for an outside entity. b. Date and time of interview. d. Name of Interviewer(s). e. Name of Officer/Detective monitoring the video. f. Name of suspect(s). g. Numerical order when multiple DVDs are used. SOP 245 Criminal Investigations Page 9 of 19  8. Exceptions: At times, suspect interviews/interrogations will be conducted at locations other than the Department’s Interview Rooms, making video recording impractical. Examples include: a. Correctional Facilities. b. Hospitals. c. During on-scene investigations. d. Out-of-area investigations. e. Non-custodial settings. f. Other unusual situations. D. Body Worn Camera Recorded Statements: During the preliminary investigation of certain incidents, having a responding Officer obtain a (BWC) sworn statement may be beneficial. With authorization from a Supervisor, trained Officers will follow the below procedures in cases where (BWC) statements are utilized; 1. Officers will not take statements from Suspect(s). (Detectives Only) 2. Officers will only take (BWC) statements from Victims, Complainants and Witnesses. 3. Officers will only take (BWC) statements for the following incidents; a. Burglaries b. Thefts c. Domestics and/or Vandalism incidents that do not involve weapons and/or resulting in serious bodily injuries. 4. Officers will utilize a prepared text when administering (BWC) sworn statements. (see Appendix C.) 5. Officers will record (BWC) statements as their own video and log the recordings as 1 of 4 using the below Axon sworn statement titles when uploading; a. VS_Doe_John VS = Victim(s) statement b. WS_Doe_John WS = Witness(es) statement c. SS_Doe_John SS = Suspect(s) statement (Detectives Only) d. OS_Doe_John OS = Involved Other(s) statement 6. Officers will complete a field incident or supplemental report after administering a (BWC) sworn statement. E. Handwritten Statements: The following procedures will be followed in cases where handwritten statements are utilized. 1. When a suspect or defendant submits a handwritten statement, the time and date it was completed will be noted and notarized or witnessed if possible. 2. The statement will be signed by the suspect and witnessed by the interviewer. 3. The interviewer will read and initial Each page of the statement. 4. Copies of the statement will be made and included in the case file. 5. The original document is evidence and will be submitted to the Property and Evidence Unit in accordance with departmental procedures. IX. FOLLOW-UP INVESTIGATIONS While no specific formula exists for the investigation of every crime, general procedures should be followed to ensure a thorough investigation. These procedures include, but are not limited to, the following: SOP 245 Criminal Investigations Page 10 of 19  A. Preliminary Investigations Report Review and Analysis: Reviewing and analyzing all previous reports prepared in the preliminary phase, such as: 1. Mobile Field Reports. 2. Supplemental Reports. 3. Victim, Witness Affidavits. 4. Latent Evidence Reports. 5. Crime Scene Reports. 6. Tow Sheets. 7. Crime Scene Admittance Logs. 8. Lost Listing Forms. 9. Other Agency Reports. B. Reviewing of Evidence: 1. Detectives will complete the following; a. Review all potential evidence to determine what can be submitted for analysis. b. Submit latent comparisons of all possible suspects. c. Obtain suspect DNA standards. C. Additional Interviews: Members will conduct additional or follow-up interviews to prove or disprove previously reported information, obtain additional facts, and document the information provided by recently discovered witnesses. D. Information Development: The following resources and techniques may be used to develop initial or additional information for use in both preliminary and follow-up investigations: 1. Reviewing Agency records: 2. Seeking Information from Informants. 3. Reviewing public and private utility and service company records. 4. Querying Pawnshops and other business entities. 5. Seeking additional information from Crime Analysts, Detectives, and Patrol Officers. 6. Research the suspect’s criminal history and Driver’s License information. 7. Research business, bank, and credit card statements (by subpoena, if necessary). 8. Querying other Law Enforcement Agencies. 9. Querying public internet access sites. E. Review of Results from Laboratory Examinations: Laboratory results will be e-mailed to the Records Section / Case Filing, CID Lieutenant, CID Sergeant, and the CSI Supervisor. The CID Sergeant will forward the results to the case Detective to be included in the original case file. The results will be archived for CID in the “S” drive under BSOLABRESULTS. Laboratory results may lead to: 1. Further investigation of the incident. 2. Arrest or identification of the suspect(s). 3. Closure of the case. SOP 245 Criminal Investigations Page 11 of 19  F. Information Dissemination: The Public Information Office is responsible for arranging and disseminating information as appropriate. Prior to the release of any information concerning a criminal investigation, Unit Supervisors should be consulted to prevent the release of information, which could: 1. Compromise the investigation. 2. Detract from the ability to successfully prosecute a case in Court. 3. Violates an individual’s right to privacy, jeopardizes any Officer’s or citizen’s safety, or otherwise violates a statutory provision. G. Surveillance: The information in this SOP and SOP #281 Strategic Operations will guide members conducting surveillance. These SOPs establish procedures and guidelines for developing Surveillance Operation Plans. 1. Surveillance is sometimes the only investigative technique available to identify subjects or collect information. There are three types of surveillance: a. Moving surveillance is where the Member follows the subject on foot or in a vehicle. b. Stationary surveillance is continuously watching a place, object, or person from a fixed point. c. Electronic surveillance is where electronic, mechanical, or other devices are used to intercept the contents of any wire or oral communication. 2. Objectives of Surveillance: a. Obtain evidence of a crime. b. Obtain probable cause for securing a Search Warrant. c. Prevent the commission of a criminal act or apprehend a subject in the commission of a crime. d. Locate persons. e. Check on the reliability of informants. f. Develop investigative leads. g. Determine an individual’s location. h. Locate hidden property or contraband. i. Protect undercover Officers. j. Corroborate testimony. H. Planning, Organizing, and Conducting Searches: Conducting a comprehensive and legal search is a critical investigative element. Failure to establish and follow sound techniques can result in the inadmissibility of evidence seized and allegations of misconduct against the searching Officers. 1. Prior to conducting a search, a Supervisor will conduct a briefing of all personnel involved. A strategy will be developed for seeking a Search Warrant or consent search (see SOP #272 Search Warrants). If a consent search is planned, a Consent to Search Form will be completed and signed by a person who has the authority to consent to a search of the desired premises. (See Appendix E) 2. A Supervisor or his designee will organize the search with emphasis on the area to be searched and: a. Physical description of the exterior and interior of the structure. b. Descriptions of all suspects/persons that are known. SOP 245 Criminal Investigations Page 12 of 19  c. Weapons that are known to be available. d. If known, descriptions of evidence or property to be seized. 3. A Supervisor or designee will assign members to search specific areas. 3. All items seized will be inventoried according to Departmental policy. 4. CSI should be requested to document the area to be searched prior to and after the search. This will include any evidence located. I. Identifying and Apprehending Suspects: Members will utilize all lawful methods to identify and apprehend suspects. 1. Suspects are identified through the following procedures: a. Victim/Witness testimony. b. Photographic line-up. c. Live lineup. d. “Bring back” identification. e. Automated Fingerprint Identification System. (AFIS) f. Suspect’s admissions. g. Confidential Informants. h. Crime Stoppers. i. Crime Scene evidence 2. Upon establishing probable cause for arrest, Members will: a. If possible, effect an immediate arrest. b. Apply for an Arrest Warrant/capias. c. Disseminate suspect information to aid in apprehension. J. Suspect’s Involvement in Other Crimes: Members are encouraged to use the following procedures and resources to determine a suspect’s involvement in other crimes. 1. Agency Records. 2. Internal & External Databases. 3. Intelligence information sources. 3. Media Reports. 4. Informants. K. Preparing Cases for Court Presentation: Members will ensure all reports are completed and compiled for presentation to the State Attorney’s Office. Reports will include but not be limited to the following: 1. Mobile Field Reports. 2. Supplemental Reports. 3. Victim, Witness Affidavits. 4. Victim, Witness and Suspect statements. 5. Latent Evidence Reports. SOP 245 Criminal Investigations Page 13 of 19  6. Crime Scene Reports. 7. Tow Sheets. 8. Crime Scene Admittance Logs. 9. Property Forms. 10. Accident Forms. L. Assisting in Prosecution: Members will respond as directed to all lawful subpoenas and ensure the following: 1. All pertinent reports are in the State Attorney’s possession. 2. Evidence is made available for prosecution. X. TECHNICAL AIDES The Department will use Computer Voice Stress Analysis (CVSA) and/or the Polygraph for the detection of deception in criminal investigations. The use of these technical aides by Detectives should be viewed as an investigative tool and will not be substituted for a thorough investigation. The CVSA and/or Polygraph will be conducted in a designated Polygraph Room. A. Authorization: An Investigative Services Section Supervisor must approve the use of the CVSA and/or Polygraph examination. Hollywood Police Department Examiners will be authorized to conduct exams for the Department. B. C.V.S.A./Polygraph Testing: In criminal investigations, the CVSA and/or Polygraph may be used to test suspects, victims, or witnesses, provided however: 1. The proper preliminary field investigation was conducted before the CVSA and/or Polygraph examination. 2. The examination will only be administered to a consenting victim when there are unexplained inconsistencies, or other facts contradict the suspect’s statement, such as physical evidence or other witness testimony. 3. It will be the requesting Detective’s responsibility to discuss with the Examiner the nature of the investigation and time requirements prior to scheduling an examination. 3. A subject cannot be forced to take a CVSA and/or Polygraph examination. The subject must agree without any duress to take the examination and sign the standard release forms prior to questioning and testing. 4. Persons under 18 must have the written consent of a parent or legal guardian prior to testing. C. Use of CVSA and/or Polygraph Examinations with Victims of Sexual Violence: The Investigating member of a Sexual Battery will not ask or require a victim of a sexual offense to submit to a polygraph examination or other truth-telling device as a condition of the investigation. D. Examiners: Examiners of technical aids for the detection of deception must have a bona fide certificate of training for this purpose. 1. A CVSA Examiner has received a bona fide certificate of training by successfully completing a course of study given by a qualified instructor of the National Institute of Truth Verification. 2. A Polygraph examiner has received a bona fide certificate of training by successfully completing a course of study given by a qualified instructor of the American Polygraph Association. SOP 245 Criminal Investigations Page 14 of 19 XI. LEGALITY AND INTEGRITY OF CRIMINAL INTELLIGENCE A. Limited Information: Members will ensure that the information collected is limited to criminal conduct and relates to activities that present a threat to the community. Members will be provided with or made aware of criminal intelligence information as part of their duties. This information will be considered confidential and not released to the public. 1. Members will inform their Supervisors of intelligence information as soon as practical. 2. Members will evaluate criminal intelligence and determine its impact on the community. A response will be prepared to address the issue. 3. Intelligence information collected by the Criminal Analysts will be limited to criminal conduct and activities that pose a threat to the community. B. Utilizing Intelligence Members, Equipment, and Techniques: The Criminal Analyst will be responsible for, but not limited to, the following: 1. Information available from crimes will be systematically collected to conduct comparisons and analysis. Crime data will be analyzed to: a. Identify individual criminals and their methods of operation. b. Facilitate the identification, apprehension, and prosecution of individuals meeting the Florida Statute definition of career criminal. c. Determine the existence of evolving crime patterns and trends. d. Furnish future trend data for long-range planning, targeting, budgeting, utilization of equipment, and resource allocation. 2. Crime analysis techniques for the collection of crime data include the following: a. Identify similarities between different offenses and reveal commonalities and patterns in the characteristics of current crime problems. b. Assist in screening and ordering lists of suspects. c. Aid in the assembling and ordering specific crimes that may involve an offender already in custody. 3. The crime analysis function will, at a minimum, include the following factors: a. Frequency by type of crime. b. Geographical factors. c. Chronological factors. d. Victim and target descriptors. e. Suspect descriptions. f. Suspect vehicle descriptions. g. Modus operandi factors. h. Physical evidence information. i. Property loss information. 4. The Criminal Analyst will document the time and geographical distribution of selected crimes using appropriate statistical mapping and graphic techniques. SOP 245 Criminal Investigations Page 15 of 19  C. Information Types: All sources in the Department that contain data essential to crime analysis will be identified and accessible for use in the crime analysis process. The following are descriptions of the types or quality of information that may be included in the system: 1. All Incident Reports. 2. Supplemental Reports. 3. Arrest Affidavits. 4. Field Interviews 5. Modus operandi information. 6. R.M.S. computer database. 7. Crime Information will be disseminated via, but not limited to, the following: a. Crime summaries: comparative crime statistics by crime, day, time, location, premise type, modus operandi, and profile of high crime areas. b. Special Bulletins: selective crime information provided by Investigative Personnel or outside Agencies for distribution. c. Individual Requests: Personalized analysis based upon factors requested by the Investigating Member. d. Periodic Crime Trend Reports: compilations of data provided to Command Staff Members. D. Information Purging: Information that is no longer active, accurate, or useful to the crime analysis function will be purged in accordance with Departmental policy and the State of Florida’s Records Retention Schedule. E. Safeguarding Intelligence Information: When authorized by the Criminal Investigations Division Major, crime analysis intelligence information in reference to an open investigation may be disseminated to other Agencies in the following manner. 1. Intelligence information collected will be limited to criminal conduct and activities that pose a threat to the community. 2. Any information part of a closed investigation is subject to the Public Records Act. F. Secure Environment: Intelligence information will be collated and analyzed by Crime Analysts, who will ensure the safeguarding of all intelligence information when unattended. G. Computer Security: To protect against unauthorized attempts to access, modify, remove, or destroy stored intelligence information, Members performing criminal intelligence and crime analysis functions via computer will follow the procedures established in SOP #154 Computer Systems. H. Intelligence Records Security: All criminal intelligence records relating to the crime analysis process will be secured in a separate locked filing system and maintained by the Crime Analysts separate from the Agency’s central records storage. Other Agency records are secured within the Records Section. SOP 245 Criminal Investigations Page 16 of 19 XII. INVESTIGATIVE CASE FILE MAINTENANCE A. Case Assignment The Criminal Investigations Division establishes a uniform procedure for case assignment. The Criminal Investigations Sergeant assigns the case through the RMS System. The system documents the Member assigned, the date assigned, the incident number, and the report due date. B. Types of Records to be Maintained: Detectives assigned to conduct a follow-up criminal investigation will develop an investigative case file. Each Detective assigned a case will create and maintain an investigative case file. 1. Each investigative case file will contain a copy of the following: a. The original report. b. All supplemental reports. c. All documents, statements, letters, etc. pertaining to the case. 2. Maintaining a working copy of the investigative case files will be the responsibility of the assigned Detective until the case is closed. C. Security of Case Files: Investigative case files maintained by Members will not be left unattended or unsecured when not attended. D. Accessibility to the Files: Accessibility to active case files will be controlled by the investigating Member and/or appropriate Supervisor. E. Purging of Files: Upon the closure of an investigation, the investigative case file will be forwarded to the Records Section for filing. File purging will be accomplished in accordance with the State of Florida Retention Guidelines. XIII. CASE CLEARANCE TYPES A. Cleared by Arrest: For UCR purposes, offenses may be classified as “cleared by arrest” when the following guidelines apply: 1. At least one person must be arrested and charged with the commission of an offense and turned over to the legal system (Courts, State Attorney’s Office, or juvenile authorities) for prosecution. 2. Arrest of a principal, aider, abettor, or conspirator permits a clearance by arrest even if charged with a lesser offense. 3. A clearance by arrest can be taken when an offender is a juvenile, and some action is taken beyond a mere warning or admonishment, or he is cited to appear in Juvenile Court or before juvenile authorities. 4. One arrest may clear several offenses, and multiple arrests may clear only one case. B. Exceptional Clearances: In certain situations, Officers cannot clear a case by arrest. They may have done everything possible to clear the case, but circumstances prevent charges from being filed. If all four questions below can be answered “yes,” the offense can be exceptionally cleared. 1. Has the investigation definitely established the identity of the offender? 2. Is there enough information to support an arrest and prosecution? SOP 245 Criminal Investigations Page 17 of 19  3. Is the offender’s exact location known so the suspect can be taken into custody? 4. Is there some reason beyond Law Enforcement’s control that prevents you from arresting, charging, and prosecuting the offender? 5. Generally, an offense can be cleared exceptionally if it falls into one of the following categories: a. Death of the offender: When the perpetrator of the offense dies during the commission of the offense or prior to his arrest. b. Extradition Declined: This occurs when an Agency is notified that another agency has arrested a person on whom they have a current warrant, and either Agency declines extradition. c. Victim/Witness Refuses to cooperate: This action does not deem the offense unfounded. d. Juvenile/No Custody: When a juvenile is identified as the perpetrator, the Department handles the matter in-house or by a Social Service Agency, and no prosecution is required. e. Arrest on Primary Offense, Secondary Offense without Prosecution: When an arrest is made, and the subject has committed several offenses that can be cleared, the State Attorney decides not to prosecute some of the cases. f. Prosecution Declined: When an Agency has identified the offender and has sufficient evidence to prosecute the individual, but prosecution is not pursued on this offense. C. Reclassification: The Uniform Crime Reporting Program (UCR) allows for the reclassification of crimes in three situations. 1. When an offense is determined through investigation to be false or baseless, the case will be reclassified to a Police Information. 2. The offense is determined through investigation as a higher or lower crime than originally classified. 3. The offense is classified as and meets the criteria of justifiable homicide for the UCR Program. D. Multiple Clearances: When a case is cleared by the arrest of a subject who is later identified as the perpetrator of other cases, all these cases may be listed under one master case number. Using the master case number and listing all related case numbers on the supplemental report may clear these cases. E. Patrol Arrest Assist: This classification will be used when a Patrol Officer makes the physical arrest, and a Detective is assigned to do the follow-up investigation and take all necessary statements. ATTACHMENTS: Appendix A: Crime Scene Admission Log. Appendix B-1: Rights Confirmation Form (English). Appendix B-2: Rights Confirmation Form (Spanish). Appendix B-3: Rights Confirmation Form (Creole). Appendix B-4: Rights Confirmation Form (French). Appendix B-5: Rights Confirmation Form (Russian). Appendix C: Prepared Text (BWC) Statements SOP 245 Criminal Investigations Page 18 of 19  Appendix D: Waiver of Reading and Signing Statement Form. Appendix E: Consent to Search Form Appendix F: Crime Scene Vehicle Log. Appendix G: Hollywood Police Door Hanger. SOP 245 Criminal Investigations Page 19 of 19  Case #_____________ HOLLYWOOD POLICE DEPARTMENT CRIME SCENE ADMISSION LOG Assigned Officer:__________________ Lead Detective:__________________ Date:___________ Time:____________ Location:________________________ Agency/Dept. Time Time Date Name Reason for Entry Unit/Section In Out Note: Crime Scene Log(s) will be used at all Crime Scenes, without exception. 1 245 Appendix A  HOLLYWOOD POLICE DEPARTMENT STATEMENT OF RIGHTS The law requires that you be advised of these rights prior to answering any questions or making a statement: 1) You have the right to remain silent. 2) Anything you say can be used against you in a court of law. 3) You have the right to the presence of an attorney before and during any questioning. 4) If you cannot afford an attorney, one will be appointed for you prior to any questioning, if you so desire. I have read this statement of my rights, or have had it read to me, and I understand what my rights are. I have not been threatened or coerced in any way, and no promises of any kind have been made to influence my decision. I have not previously invoked my rights. Are you willing to answer questions or make a statement? (Print Yes or No) Signed: Date: Print: Time: Officer: Date: Print: Time: (If Available) Date: Time: Witness: Print: Case #: Location: 1 245 Appendix B-1  DEPARTAMENTO DE POLICÍA DE HOLLYWOOD DECLARACIÓN DE DERECHOS La ley requiere que usted sea informado de estos derechos antes de responder a cualquier pregunta o hacer una declaración: 1) Usted tiene el derecho de permanecer en silencio. 2) Cualquier cosa que usted diga podrá ser usada en su contra en un tribunal de justicia. 3) Usted tiene el derecho a la presencia de un abogado antes y durante cualquier interrogatorio. 4) Si usted no puede pagar un abogado, uno será asignado antes de cualquier interrogatorio, si así lo desea. Yo he leído esta declaración de mis derechos, o se me ha leído, y yo entiendo cuáles son mis derechos. Yo no he sido amenazado u obligado de ninguna forma, y ninguna promesa de cualquier tipo ha sido hecha para influenciar mi decisión. No he invocado previamente mis derechos. ¿Está usted dispuesto a contestar preguntas o hacer una declaración? (Escriba Sí o No en Letra de Imprenta) Firmado: Fecha: Letra de Imprenta: Hora: Oficial: Fecha: Letra de Imprenta: Hora: (Si está disponible) Fecha: Hora: Testigo: Letra de Imprenta: # de Caso: Ubicación: 1 245 Appendix B-2  HOLLYWOOD POLIS DEPATMAN DEKLARASYON DWA YO Lwa a egzije pou ou konseye dwa sa yo anvan ou reponn nenpòt kesyon oswa fè yon deklarasyon: 1) Ou gen dwa rete an silans. 2) Nenpòt bagay ou di ka itilize kont ou nan yon tribinal nan lalwa. 3) Ou gen dwa pou nan prezans yon avoka anvan ak pandan nenpòt kesyon. 4) Si ou pa kapab peye yon avoka, yon pral nonmen youn pou ou avan nenpòt keyson, si ou vle. Mwen te li deklarasyon sa a nan dwa m 'yo, oswa te gen li li fè m', epi mwen konprann ki sa dwa mwen ye. Mwen pa yo te menase oswa fòse nan nenpòt fason, e pa gen pwomès nenpòt kalite yo te fè gen enfliyans sou desizyon m 'yo. Mwen pa te deja envoke dwa m 'yo. Yo ou vle reponn kesyon oswa fè yon deklarasyon? (Ekri an lèt detache Wi oswa Non) Siyen: Dat: Ekri an lèt detache: Tan: Ofisye: Dat: Ekri an lèt detache: Tan: (Si disponib) Dat: Tan: Temwen: Ekri an lèt detache: Ka #: Kote: 1 245 Appendix B-3  SERVICE DE POLICE DE HOLLYWOOD DECLARATION DE DROITS La loi requiert que vous soyez informé de vos droits, avant de répondre à quelconque questions ou de faire une déclaration: 1) Vous avez le droit de garder le silence. 2) Tout ce que vous dites peut être utilisé contre vous dans un tribunal. 3) Vous avez le droit à un avocat avant, pendant, et durant votre interrogatoire. 4) Si vous ne pouvez pas le financer, un avocat commis d’office sera nommé avant l’interrogatoire, si vous le désirez. Je déclare avoir lu la présente déclaration de mes droits en accord avec l’arrêt Miranda, ou que l’on me les a lu, et je déclare avoir compris mes droits. Je déclare ne pas avoir été menacé ou forcé de quelque manière, et ne pas avoir reçu des promesses de quelques natures, pouvant influencer ma décision. Je déclare ne pas avoir invoqué mes droits dans le passé. Consentez-vous à répondre à des questions ou à faire une déclaration ? (Oui ou Non) Signature: Date: Nom - Prénom: Heure: Agent: Date: Nom- Prénom: Heure: (Si applicable) Date: Heure: Témoin: Nom - Prénom: Affaire #: Lieu: 1 245 Appendix B-4  Управление полиции Голливуда Заявление о правах В соответствии с законом вы должны быть уведомлены о своих правах до того, как начнете отвечать на вопросы или захотите сделать заявление: 1) Вы имеете право хранить молчание. 2) Все, что вы скажете, может быть использовано против вас в суде. 3) Вы имеете право на присутствие адвоката до и во время допроса. 4) Если вы не можете оплатить услуги адвоката, по вашему желанию он будет предоставлен вам до начала допроса. Я прочитал (-а) (мне прочитали) данное уведомление и получил (-а) представление о своих правах. Мне не угрожали, не принуждали и не пытались повлиять на мое решение. Я никогда раньше не пользовался (-ась) этими правами. Вы хотите отвечать на вопросы или сделать заявление? (Впишите «Да» или «Нет») Подпись: Дата: Имя: Время: Сотрудник полиции: Дата: Имя: Время: (Если присутствует) Дата: Время: Свидетель: Имя: Дело №: Место: 1 245 Appendix B-5  HOLLYW OO D POLI CE D EPARTMEN T PREPARED TEXT (BWC) STATEMENT 1. The following will be a voluntary recorded statement reference Hollywood case #33- _________, from _______________ (person’s name). This statement is being taken with the regard to certain knowledge which _______________ (person’s name) has concerning a _______________ (crime) which occurred in the City of Hollywood, County of Broward, State of Florida, on or about _____ (date/time of crime) at _______________ (location of crime). This statement is being taken by Officer _________ badge # _____ at the location of _______________ (where you’re at). This statement is commencing on _______________ (current date/time) 2. _______________ (person’s name) at this time I would like to place you under oath by virtue of my commission as a police officer of the State of Florida. Are you aware that it is a crime under Florida State Statue to knowingly provide false information while under oath? (wait for the answer of “yes”) 3. _______________ (person’s name) please raise your right hand at this time. Let the record reflect that _______________ (person’s name) is raising his/her right hand at this time. Do you solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God? (wait for the answer of “yes”) 4. For the record, please state your full name, date of birth, address, and phone number. _______________ (person’s name) in your own words please state the knowledge that you may have concerning the previously described incident that the Hollywood Police Department is investigating at this time. 5. Is there anything else you wish to add to your statement before it is concluded? 6. Has everything you’ve told me been the complete truth as you know and remember? 7. Have I or any other officer of the Hollywood Police Department attempted to persuade or promise anything for the giving of this statement? 8. (*Victim only question*) Are you willing to prosecute for all charges related to this incident? 9. This statement is concluded on _______________ (current date/time). 1 245 Appendix C.  HOLLYWOOD POLICE DEPARTMENT WAIVER OF READING & SIGNING STATEMENT The undersigned ________________________________________, having been duly sworn, states that he/she has been fully advised of his/her rights to read and sign the statement(s) given by him/her to Officers of the Hollywood Police Department pursuant to their investigation of matters connected with Hollywood Police Case Number ___________________ and that he/she does hereby freely and with full knowledge waive said rights and privileges, reading and signing of his/her sworn tape- recorded statement. _____________________________ Dated: ____________________ AFFIANT Sworn to and Subscribed before me this _____ day of ___________, 20_____ _____________________________ NOTARY PUBLIC/POLICE OFFICER 1 245 Appendix D.  HOLLYWOOD POLICE DEPARTMENT CONSENT TO SEARCH FORM CASE # _______________ Date: _________________________ Name: ________________________________ Race: ____ Sex: ____ DOB: ________ Address: _________________________________ City: ______________ State: _____ This is to certify after having been informed of my Constitutional Right to not have a search made of the premise(s) hereinafter mentioned without a Search Warrant and of my right to refuse to consent to this search, hereby do authorize representative(s) of the Hollywood Police Department, City of Hollywood, Broward County, Florida to conduct a complete search of my Residence Automobile Other: __________________ located at: _________________________________________________ which I either own, have been using, now in my possession or under my control, described as: _____________________________________________________________________. The said search may also be conducted with the assistance of a specially trained police K-9. These representative(s) are authorized by me to remove any letters, papers, materials, or property as desired. I am giving this written permission to the Hollywood Police voluntarily, without threats or promises of any kind. Signature Date Witnessed by: ___________________________ Date: ______________ Witnessed by: ___________________________ Date: ______________ Note: An itemized list of items removed will be documented on the reverse side of this form. 1 245 Appendix E.  Case # HOLLYWOOD POLICE DEPARTMENT CRIME SCENE VEHICLE LOG Date:____________ Time:_______ Location: ______________________ Assigned Officer: Lead Detective: ___________________ Vehicle Information Name Reason To Enter Time In / Out 1 245 Appendix F.  Hollywood Police Department NOTICE The Hollywood Police Department is requesting your assistance regarding an incident that occurred recently in your area. Please contact the Detective listed below within 72 hours of receiving this notice. Your cooperation is greatly appreciated. Office of the Police Chief Hollywood Police Department Criminal Investigations Division 3250 Hollywood Boulevard Hollywood, FL 33021 (954) 967-4411 Detective: __________________ 1 245 Appendix G.