Police Field Interviews PDF - Special Order No. 16 - 2021

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 16 16 SEPTEMBER 21, 21, 2021 2021 SEPTEMBER APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON SEPTEMBER SEPTEMBER 21, 21, 2021 2021 SUBJECT: FIELD INTERVIEWS — REVISED; AND, FIELD INTERVIEW REPORT, FORM 15.43.00 — REVISED This Order revises Field In...

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 16 16 SEPTEMBER 21, 21, 2021 2021 SEPTEMBER APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON SEPTEMBER SEPTEMBER 21, 21, 2021 2021 SUBJECT: FIELD INTERVIEWS — REVISED; AND, FIELD INTERVIEW REPORT, FORM 15.43.00 — REVISED This Order revises Field Interviews, Contacts with Gang Members, and Field Interview Report, Form 15.43.00 (FI Card) and defines the purpose of the FI Card and provides guidelines as to the circumstances under which FI Cards may be completed. PURPOSE: The information captured on an FI Card should be relevant to an official investigation (initiated at that time or on-going). Officers are encouraged to document: e Relevant specific facts and observations including, but not limited to, date, time and location of the interview; Relevant facts to memorialize a consensual encounter; e Details concerning interview subject’s appearance, including dress and visible physical characteristics (e.g., tattoos or scars); Statements made by the subject at the time of the contact (including any references made e to gang membership); Specific facts relating to the subject’s possible involvement in criminal activity; Information the person knowingly and voluntarily gives to the officer at the time contact; and, Facts the officer observes. of the Field Interview Cards provide the basis for conducting follow up investigations using other resources including, but not limited to, Body Worn Video, Digital In-Car Video System (DICVS), witness interviews, or other techniques to establish evidence needed in criminal cases or other investigations. When completing an FI Card on a person, officers shall explain the rationale for completion in a professional manner, Completion of an FI Card shall not unnecessarily prolong a stop or detention. The FI Card should be completed as soon as practicable after the contact has concluded in order maximize accuracy of the documented information. Note: As noted in Department Manual Section 3/203.10, “The number of FIs an officer produces should not be used as the sole measure of the officer’s productivity.” In addition, there shall not be an expectation of a certain number or type of FI Cards to be produced by an officer or a unit. PROCEDURE: I. FIELD INTERVIEWS Department Manual Section 4/202.01, Interviews, has been revised and is attached. II. FIELD INTERVIEW REPORT, FORM 15.43.00 —- REVISED. - REVISED. Field The Field Interview Report Form, 15.43.00 has been revised and is attached. The following sections have been removed: SPECIAL ORDER NO. 16 16 -2- e Business address/school/union affiliation; Social Security Number; and, e Gang membership/identification. e Note: Department personnel have legitimate authority and a statutory duty (California Penal Code Section 186.22) to document gang activity. Officers may denote specific and articulable facts related to gang activity, however, officers shall not document opinions, including an opinion that the person is a member or affiliate of a gang, unless they indicate the specific and articulable facts upon which they base that conclusion. If “CRIMINAL ACTIVITY” is checked on the front of the FI Card, the observed activity shall be thoroughly documented within the FI Card narrative section including any specific statements made by the subject. Additionally, the vehicle information section has been modified and updated to reflect information most often seen in vehicles currently. The additional persons section has been expanded and moved to the front of the card, and a Multiple Source check box and blank field have been added to document information sources other than the person contacted (e.g., prior contacts with the person, roll cal! briefing, crime alert flyer). These changes have focused on creating additional narrative space on the back of the card. Officers are free to document additional information regarding work or school locations, or social media account information in this space. FORM AVAILABILITY: The revised FI Card is immediately available on the Department Local Area Network (LAN) and will be distributed to Areas/divisions by November 1, 2021. All other versions of the FI Card shall be marked “obsolete” and placed into the Area/divisional recycling bin. The use, completion, and distribution of this form remain unchanged. AMENDMENT: This Order amends Section 4/202.01 of the Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. MICHEL R“MOORE Chief of Police Attachments DISTRIBUTION “D” DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 16 16 , 2021 202. FIELD INTERROGATION. 202.01 FIELD INTERVIEWS. When an officer questions a person in the field, he or she may record the details of that interview on a Field Interview Report (FI Card), Form 15.43.00, only in any of the following circumstances: e * officers have reasonable suspicion that the subject is involved with, or possesses knowledge of, criminal activity; To document criminal activity, including ongoing or unsolved criminal activity that may be used in a later investigation; To memorialize a consensual encounter relating to either of the above two bullets; To document contact with a probationer or parolee; and/or, To document contact with an arrestee. When Note: Criminal activity may include, but is not limited to, suspected violations of the Los Angeles Municipal Code, as well as the California Vehicle Code and Penal Code. The completion of an FI Card should be neither a routine task completed during all stops nor one completed in a random, arbitrary, or biased way. Moreover, because the Department has ceased using the CalGang database, officers shall not complete an FI Card for every encounter with a suspected gang member unless its completion is consistent with at least one of the provisions above. The information captured on a FI Card should be relevant to an official investigation (initiated at that time or on-going). Completion of an FI Card shall not unnecessarily prolong a stop. The FI Card should be completed as soon as practicable after the stop has ended in order to maximize accuracy of the documented information. When completing an FI Card, officers should document relevant specific Jacts and observations including, but not limited to: and location of the interview; Details concerning how the subject being interviewed is dressed: Visible physical characteristics (e.g., tattoos or scars) of the subject being interviewed; Statements made by the subject at the time of the contact (including any references made to gang membership); and, Any specific statements or facts relating the subject’s knowledge of or involvement in criminal activity. The date, time e Note: The FI Card is meant to record facts. Officers shall not document opinions, including an opinion that the person is a member or affiliate of a gang, without also documenting on the back of the FI Card the specific and articulable facts upon which they base that opinion. Except in conjunction with arrests or conditions ofparole or probation (where required), an individual is not obligated to answer questions for the sole purpose of completing an FI Card. Additionally, only officers assigned to a Gang Enforcement Detail (GED) may request to view obscured tattoos, scars or other marks of a person (e.g., a tattoo underneath a person’s shirt and not otherwise visible). In such instances, officers shall be guided by the Department’s Consent to Search Policy, as 1 DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 16 16 , 2021 outlined in Administrative Order No. 22, dated November 20, 2020. Officers who are not assigned to a GED shail not request to view obscured tattoos, scars or other marks unless that person is arrested or legally detained. of a person Officers’ contacts with the public shail be captured on Body Worn Video (BWV), as per Department Manual Section 3/579.15, Objectives ofBody Worn Video. Additionally, officers are reminded and encouraged to utilize their BWV equipment to capture facts and the pertinent visual perspectives pertaining to encounters and interactions during stops and detentions. For example, officers can use BWY to capture additional details regarding a person’s clothing, tattoos, or physical description that may not fit in the limited space provided on the FI Card. Limitations on Place of Birth Inquiries. Some members of the public may misperceive the purpose of inquiring about a person’s birthplace when questioned during a law enforcement contact, especially when contacting the police as a victim or witness. To minimize the potential misperception and possible degradation of public trust, the following procedures shall be followed: e Victims, Witnesses and Temporarily-Detained Persons. Officers shall not ask a victim, witness, or temporarily-detained person for their place of birth unless particular circumstances make it necessary in order to investigate a criminal offense. e Arrestees. Department personnel may ask for and record an artestee’s place of birth in the narrative section of the FI Card when it is: © © © o Required to book or process the arrestee for a criminal offense; Required to comply with consular notification obligations; Required to investigate a criminal offense; or, Otherwise required by law. Exception: When persons are arrested for public intoxication [Penal Code (PC) Section 647(f)], begging [PC Section 647(¢)], or a misdemeanor traffic warrant, an FI Card need not be completed unless there are indications of possible involvement in additional criminal activity. Social Security Numbers: Social Security Numbers shall not be requested from subjects or witnesses interviewed and shall not be noted on an FI Card. SUBJ INFO Field. Officers shall circle the “Homeless” category in the SUBJ INFO Field when a subject of an FI Card meets the definition of “Homeless” and officers shall document the specific and articulable facts upon which they base that conclusion, as defined in Department Manual Section 1/240.07, Police Contact with Persons Experiencing Homelessness. Officers shall aiso circle this category when a subject self-identifies to the officer at the time of completion of the FI Card that he or she is homeless or experiencing homelessness. MULTIPLE SOURCE Box. Officers shall mark the “MULTIPLE SOURCE” box when information on the FI Card comes from a source other than the person contacted. Examples of additional sources include but are not limited to: prior contacts with the person, information from additional persons, roll call briefings, crime flyers, computer database inquiries, or social media. 2 If officers check this box, they DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 16 16 , 2021 shall document the details regarding the additional sources in the narrative portion of the FI Card. fi.e., name(s) ofperson’s in the case of information from additional person(s); date(s) ofprior contact(s) in the case of information from prior contact(s)]. DESTRUCTION OF ORIGINAL FI CARDS. for both original hard copy and electronic versions of the completed FI Card shall follow the same schedule as specified in Department Manual Section 3/203.10, Field Interview Report Procedures. The destruction SUPERVISOR’S RESPONSIBILITIES. As part of their report processing procedures, field supervisors shall ensure that sworn personnel are utilizing the most current (active) Form 15.43.00 and that each FT Card is completed appropriately. TRAINING DIVISION’S RESPONSIBILITY. Training Division shall provide sworn personnel, periodic training on the proper completion of Form 15.43.00. RECORDS AND IDENTIFICATION DIVISION’S RESPONSIBILITIES. Records and Identification Division shall be responsible for the purging and destruction schedule for the original, hard copies of the FI Cards in accordance with Department Manual Section 3/203. 10. INFORMATION TECHNOLOGY DIVISION’S RESPONSIBILITIES. Information Technology Division shall be responsible for the purging and destruction schedule of the electronic versions of the FI Cards in accordance with Department Manual Section 3/203.10. Note: As noted in Department Manual Section 3/203.10, “The number of FIs an officer produces should not be used as the sole measure of the officer’s productivity.” In addition, there Shall not be an expectation of a certain number or type ofFI Cards to be produced by an officer or a unit. FRONT STATE| NAME(LAST,FIRST, MIDDLE) F N OP.LIC.NO. 0 cry RESIDENCE ADDRESS A HEIGHT {WEIGHT T Ww PERSONAL ODDITIES STATE ¢ BIRTHDATE B SUFFIX(UR.,ETC.) J |sSEX D|pEsceNT HAIR H EYES E CLOTHING PHONENO. [ADUITIONAL PERSONS NAME(LAST,FIRST) [pos SEX [ALIASTAKA NAME(LAST,FIRST) DOB SEX [ALIASIAKA NAME(LAST,FIRST} DOB SEX [ALIASIAKA SUBJ 1LOITERER 3HOMELESS 5 CRIMINALACTIVITY7 ON PAROLE INFO 2PROWLER 4 WITNESS 6 HASRECORD 83ON PROBATION viveaR | make MODEL PE |coLor EH.LIC.NO. | (_] Driver PASSENGER TYPE | STATE BACK DATE MULTIPLE SOURCE TIME LOCATION OFFICER NO. FIELD INTERVIEW INCIDENT 16. SERIALNO. OFFICER SERIALNO. DIVISION . INITS.