Law Enforcement Book 4 PDF

7 Unit 1: Basic Investigations Lesson 1: The Investigative Sequence Lesson Goal At the end of this lesson, you will know how to respond to any incident that has the potential for an arrest by following a basic investigative sequence that focuses on fairness in...

7 Unit 1: Basic Investigations Lesson 1: The Investigative Sequence Lesson Goal At the end of this lesson, you will know how to respond to any incident that has the potential for an arrest by following a basic investigative sequence that focuses on fairness in the process and the outcome. Think About This You are dispatched to an incident outside of a local bar involving two patrons engaged in a fist fight. Your Field Training Officer (FTO) is busy writing a ticket across town, and you are faced with making the initial contact alone. What steps will you take? Figure 7-1: Basic investigation sequence Chapter 7 Crimes Against Persons / 275 One of the most important tasks assigned to a law enforcement officer is conducting an impartial investi- gation to bring a suspect to justice. Objective investigative work is one of the main ways officers earn the public’s trust. The quality of an investigation undergoes great public scrutiny. Officers must conduct each investigation with attention to accuracy, detail, and professionalism. You establish a reputation in court and in public based upon the quality of your investigative work. When you respond to a call for service, always preserve life first and then work to preserve the scene for investigation. Approach all incidents with compassion and a reassuring presence. You may need to assume your role as a stabilizer or an enforcer based on the circumstances of the incident. Understand your basic responsibilities and any agency limitations when responding to crimes against persons. Follow basic investigative steps and use a systematic approach to each investigation. Although each in- vestigative situation is unique, this lesson outlines the basic sequence of events you will follow when you respond to a call involving a potential crime. Refer to the Basic investigative sequence (Figure 7-1) through- out this and the next chapter. Follow the basic steps outlined in Chapter 5 for driving and responding to a scene. Scene Safety When you approach the scene of a building, do not stand directly in front of the door to avoid a fatal fun- nel situation. Immediately identify yourself and state the purpose of your visit. Move to and maintain a position of advantage, such as somewhere you cannot be attacked from behind. Stay out of doorways, and visually assess the scene, taking note of the number of people present. Observe their hands, body language, and facial expressions. Scan the room for hazards, such as possible weapons, dangerous pets, or possible hiding places. ; LE711.1. Describe how to approach the scene entrance safely Some incident scenes can be chaotic. There could be injured victims, witnesses yelling, and possible sus- pects on the scene with weapons. Ask witnesses or victims if there is anyone present who may have a weapon. Deal with any immediate threats first. Your initial response to a call, and how you approach a scene, can influence the level of cooperation you receive from the victim, witnesses, and anyone on the scene. Use communication techniques to calm the situation and maintain control. Keep in mind that no two incidents are alike and each may require a dis- tinct response. Loud sounds can increase tension and make it difficult to communicate. Turn down noise sources, such as music systems and televisions, and ask bystanders to step away. Once the scene is relatively calm, determine if anyone is sick, injured, or under the influence of drugs or alcohol. They may appear incoherent or may exhibit abnormal behavior and not respond. Use first-aid skills to tend to any medical needs. You may need additional assistance from EMS. Encourage involved persons to sit down, but only after you’ve determined that there are no weapons in the area. Sitting reduces a person’s mobility and their access to weapons, exits, or other people. Reduce scene contamination by controlling who enters the area and establishing a crime scene. Keep watching for any changes and request backup, if needed. Talk to the people involved with sensitivity and respect. Do not al- low yourself to get caught up in the tensions of the scene. Remain neutral, maintain officer safety, and use verbal de-escalation techniques to defuse the situation. ; LE711.2. Describe how to stabilize the incident scene before providing first aid 276 / Florida Basic Recruit Training Program (LE): Volume 1 Course of Action Three issues to identify at this stage are: Who is the victim? Are there any impartial witnesses to the crime? Does the victim have a relationship with the suspect? There may be a lot of people present when you arrive, and those directly involved may not be immediately obvious. Identify the involved persons through observation and answers to your questions. Assess their physical, intellectual, and emotional well-being, and how likely they are to be violent. Understanding the role of each person involved in an incident provides a foundation for identifying the victim of a crime. Keep in mind the concept of personal space. People prone to violence or who have experienced abuse may re- quire more personal space. ; LE711.3. Describe how to engage with persons on the scene As you continue through the investigative process consider: Did you collect statements from the victim and witnesses? What are the instrumentalities of the crime? Instrumentalities of the crime are the items used by the defendant to commit the crime. Does the physical evidence support the statements collected? Did you photograph the scene and look for additional evidence? Use walls or a doorway to separate and break eye contact between the involved people. This will help them focus their attention on you. This can also reduce the potential for verbal insults and physical threats. Your behavior can affect the situation, either defusing or escalating it. Be professional at all times; display em- pathy and compassion toward the victims. Make eye contact when talking to persons on the scene while maintaining an awareness of your surroundings. ; LE711.4. Determine if a crime actually occurred Understand your responsibilities for making an arrest, whether you have jurisdiction, and whether to refer to your state attorney’s office. Notify your supervisor if you are making an arrest or if you need more resources, such as crime scene, detectives, or medical assistance. Contact dispatch to initiate a BOLO if the suspect is not on the scene. If a detective is able to respond, maintain the scene and start a log. You will learn how to start a log in Chapter 9. Provide the detective with any information gathered and assist them as needed or directed. Make the arrest if needed, file the affidavit, make a referral to the state attorney’s office, and document the incident following your agency policies and procedures. Chapter 7 Crimes Against Persons / 277 Additional questions to ask: Does domestic violence or special classification of crimes apply? Does the victim want to prosecute or will the state press charges? Did you complete paperwork detailing all the facts known? Provide the victim with a case number and the primary officer’s name. Explain the follow-up procedures. Your agency may require the victim to agree to prosecute the suspect before you can take any action. Pro- vide the victim with the appropriate brochures, and document this in your report. ; LE711.5. Determine your course of action The remainder of this chapter and the following two chapters discuss crime specific procedures in greater detail. If you are acting as backup, the general role of the backup officer discussed in Chapter 5 applies in an incident that results in an arrest. Additional duties may also be assigned. 278 / Florida Basic Recruit Training Program (LE): Volume 1 7 Unit 1: Basic Investigations Lesson 2: Victims’ Rights and Brochures Lesson Goal At the end of this lesson, you will be able to inform victims of their rights and provide them with the appropriate victims’ rights brochure or card. Victims’ Rights One of your responsibilities as an officer is to interact with victims and witnesses of crimes. In some cases, being a victim is a person’s first experience with the criminal or juvenile justice systems. When someone is a victim of a crime, they have certain rights. Marsy’s Law requires that officers provide all victims and their families the following information. Victims have the right to: due process and to be treated fairly and respectfully freedom from intimidation, harassment, and abuse accurate and timely notice of all of the case’s public proceedings, including pleas, trials, and sentencings reasonable protection from the accused and any person acting on behalf of the accused, within the judicial process prevent the disclosure of information or records that could be used to locate or harass the victim or their family consult with the prosecuting attorney concerning any plea agreements, when setting bail, par- ticipation in pretrial diversion programs, defendant release, restitution, sentencing, or any other disposition of the case be informed of all post-conviction processes and procedures, and participate in such processes and procedures return of property no longer needed as evidence full and timely restitution proceedings free from unreasonable delay be informed of these rights and that they can seek the help of an attorney The following brochures explain these rights and the services available to victims. You can find them in a variety of languages on the FDLE website. Your agency should provide specific versions of the information Chapter 7 Crimes Against Persons / 279 in the form of brochures or cards that include local contact information for victims. Because the Florida Statutes mandate distributing this information, document in your report that you gave them to the victim. ; LE712.1. Explain the rights and services available to victims, witnesses, and their families Victims’ Rights Brochure You must give crime victims a Victims’ Rights Brochure or an information card at the crime scene or during the investigation. The brochure provides the following information: the availability of crime victim compensation crisis intervention services, bereavement counseling, social service support referrals, community- based victim treatment programs the role of the victim in the criminal or juvenile justice process the stages of the criminal or juvenile justice process the right of the victim to be informed, present, and heard during criminal or juvenile justice pro- ceedings; if the victim is incarcerated, the right to submit written statements ; LE712.2. Describe the information in the Victims’ Rights Brochure Notice of Legal Rights and Remedies Brochure Victims of domestic violence must also receive a Notice of Legal Rights and Remedies for Victims of Domes- tic Violence, Dating Violence, Repeat Violence, Sexual Violence, Stalking brochure at the earliest opportu- nity. The brochure discusses: definitions of domestic violence, sexual violence, dating violence, repeat violence, and stalking what Florida’s domestic violence law means and how it can help victims what to do if the abuser violates an injunction the victim information that is exempt from public inspection who the victim should contact for more information ; LE712.3. Describe the domestic violence information in the Notice of Legal Rights and Remedies brochure 280 / Florida Basic Recruit Training Program (LE): Volume 1 Sexual Battery–Your Rights and Services Brochure Victims of sexual battery must also receive a Sexual Battery–Your Rights and Services brochure, published by the Florida Council Against Sexual Violence. The brochure provides the following information: a definition of sexual battery the rights of victims and the compensation, resources, and services available to them possible compensation for medical care what evidence may be collected ; LE712.4. Describe the sexual battery information in the Sexual Battery–Your Rights and Services brochure Distribute Brochures Victims and witnesses All crime victims and Victims and witnesses Victims and witnesses of domestic violence witnesses should of domestic violence of sexual battery that involve sexual receive should receive should receive battery should receive Victims’ Rights Brochure Victims’ Rights Brochure Victims’ Rights Brochure Victims’ Rights Brochure Marsy’s Law card or Marsy’s Law card or Marsy’s Law card or Marsy’s Law card or brochure brochure brochure brochure Notice of Legal Rights Notice of Legal Rights and Remedies brochure and Remedies brochure Sexual Battery—Your Sexual Battery—Your Rights and Services Rights and Services brochure brochure ; LE712.5. Decide which brochure to provide a victim, witness, or family member Legally Required Transport You may also be legally required to transport victims and witnesses of certain crimes, such as domestic violence, sexual battery, or child abuse. Follow your agency policies and procedures for transporting juveniles, members of the opposite sex, wit- nesses, and victims. When you finish transporting a person, conduct a vehicle check after they have exited the vehicle. Chapter 7 Crimes Against Persons / 281 7 Unit 2: Crimes Against Persons Lesson 1: Assault and Battery Lesson Goal At the end of this lesson, you will know how to respond to an incident involving assault and bat- tery and determine when to make an arrest and whether an assault or battery charge merits reclassification. Think About This You receive a call from dispatch to respond to an incident at a bar. When you arrive at the scene, the bar- tender provides the following information: “Susan walked into the bar with friends and saw her boyfriend, Pete, with his arms around Jennifer. Susan ran over to the two of them, and began yelling obscenities.” How are you going to approach this incident and determine if Susan is committing a crime? Some of the most common calls for service involve disputes and fighting. Your role in these types of inci- dents is to de-escalate the situation to prevent a serious crime with possible injuries. Assault Chapter 784, F.S., outlines the elements of both assault and battery. An assault involves verbal or non- verbal threats. For example, if someone walks up to you within striking distance and suddenly raises their fist in a manner that puts you in fear of being harmed, even if they do not say a word, they commit assault. For assault, document that the suspect: intentionally and unlawfully threatened, by either word or act, to do violence to a victim at the time, appeared to have the ability to carry out the threat created in the mind of the victim a well-founded fear that violence was about to take place A person who commits assault commits a misdemeanor of the second degree. For aggravated assault, document that the suspect committed all the elements of assault and in addi- tion, made the assault with a deadly weapon without intent to kill, or with an intent to commit a felony. A weapon is a deadly weapon if someone uses or threatens to use it in a way likely to cause death or great bodily harm. Even if a person points a gun at the victim with no intention of firing it, this is aggravated as- sault if the victim fears the person will shoot them. A person who commits aggravated assault commits a felony of the third degree. ; LE721.1. Determine if an incident is assault or aggravated assault 282 / Florida Basic Recruit Training Program (LE): Volume 1 Battery For battery, document that the suspect did either of the following: actually and intentionally touched or struck the victim against their will intentionally caused bodily harm to the victim Aggravated battery includes the element of intent or knowing that you will cause great bodily harm. If the victim is pregnant at the time of the battery, whether the suspect knew or should have known they were pregnant, this also upgrades a battery charge to aggravated battery. For aggravated battery, document that the suspect committed battery, and either of the following: intentionally or knowingly caused great bodily harm, permanent disability, permanent disfigure- ment to the victim used a deadly weapon ; LE721.2. Determine if an incident is battery or aggravated battery Felony Battery For a felony battery, document that the suspect actually and intentionally touched or struck a victim against their will and caused significant injury, great bodily harm, permanent disability, or permanent dis- figurement to the victim. When a suspect has one prior conviction for battery, aggravated battery, or felo- ny battery and commits any second or subsequent battery, the charge is reclassified from a misdemeanor battery charge to a felony battery charge. Felony battery does not involve a conscious intent to cause great bodily harm; however, it does include the intent to touch or strike a victim against their will. Domestic battery by strangulation is a felony battery that is battery against a family or household mem- ber or someone with whom the victim is in a dating relationship. The abuser knowingly and intentionally impedes the victim’s breathing or circulation against their will by applying pressure on the throat or neck, or by blocking the victim’s nose or mouth. ; LE721.3. Determine if an incident is felony battery Respond to Assault or Battery Follow the basic investigative sequence outlined in the first lesson of this chapter. Your initial focus will be officer safety and de-escalating the tensions between the people involved in the incident. Determine if a crime actually occurred based on the elements of assault and battery, and if the suspect used something to commit the crime, such as hands, fists, feet, or a baseball bat, knife, or a stick. Occasionally there are situations that may not rise to the level of a criminal violation but have the potential for violence. In these instances, your agency may consider obtaining a risk protection order (RPO) on the person who poses the threat for violence. ; LE721.4. Describe how to respond to assault or battery Chapter 7 Crimes Against Persons / 283 Reclassification Under specific circumstances, or when certain elements are present while committing an assault or bat- tery, the crime is reclassified to a more serious class of offense and carries a stronger sentence than the original crime. This can occur when the victim is 65 or older or is: an employee of a school, public or private a sports official an emergency medical care provider—ambulance driver, emergency medical technician, para- medic, registered nurse, or physician a firefighter or Police Explorer a public transit employee a criminal justice officer—law enforcement officer, correctional officer, correctional probation officer, federal law enforcement officer, or fish and wildlife law enforcement officer a traffic accident investigation officer, traffic infraction enforcement officer, or parking enforce- ment specialist a security officer employed by the board of trustees of a community college To reclassify the crime properly, establish that the victim was performing job duties at the time of the as- sault or battery and the suspect knew or should have known the victim was one of the workers listed in chapter 784, F.S., at the time of the assault or battery. You may respond to an incident at a jail or correctional facility. Assault or battery of a correctional facility employee requires five more elements to reclassify the crime: The suspect was in custody in a correctional facility. The suspect intentionally touched, struck, or attempted to touch or strike the victim against their will by throwing, tossing, or expelling blood, saliva, chewed food, semen, urine, or feces at the victim. The suspect intended to harass, annoy, threaten, or alarm the victim. The victim was a correctional facility employee. The suspect knew the victim or had reason to know the victim was a facility employee. ; LE721.5. Determine when an assault or battery charge merits reclassification or a change in the degree of the offense 284 / Florida Basic Recruit Training Program (LE): Volume 1 Warrantless Arrest Chapter 901, F.S., allows you to make an arrest for assault without a warrant in either of the following situations: The assault occurs in your presence. The assault occurs during a domestic violence situation. The assault occurs upon a law enforcement officer, a firefighter, an emergency medical care pro- vider, a public transit employee, or another officer. This statutory chapter also allows officers to make a warrantless arrest for battery if there is probable cause to believe that a misdemeanor has been committed and that the person accused is the perpetrator of the crime. Probable cause may consist of physical evidence or sworn statements. ; LE721.6. Describe when you can make a warrantless arrest for assault or battery Chapter 7 Crimes Against Persons / 285 7 Unit 2: Crimes Against Persons Lesson 2: Domestic Violence Lesson Goal At the end of this lesson, you will know how to respond to an incident involving domestic violence and determine the appropriate course of action and charges, if necessary. Think About This Timothy is 15 and yells at his mother when he gets angry. One time, Timothy argued with his mother and shoved her into a wall. In fear, she ran into her bedroom, locked the door, and called the police. Is this domestic violence? How will you respond to this incident? Domestic Violence Criteria Chapter 741, F.S., defines domestic violence as any assault, aggravated assault, battery, aggravated bat- tery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Family or household member means spouses, former spouses, persons related by blood or marriage, per- sons who live together as a family, or who have lived together in the past as a family, and people who are parents of a child in common. With the exception of people who have a child in common, the family or household members must currently live or, in the past, lived together in the same single dwelling unit. In Florida, when you arrest a person during a domestic violence incident, the actual criminal charge will not be for domestic violence. Instead, the charge may be assault, aggravated assault, battery, or aggravated battery. The relationship between the perpetrator and the victim determines if the incident is domestic violence. The most dangerous time of a domestic violence call is when you approach, as the abuser may know that you are coming. When you arrive immediately consider: Are there weapons? Have there been previous calls to this location? Is the incident in progress? Is the abuser on the scene? 286 / Florida Basic Recruit Training Program (LE): Volume 1 If, after thorough investigation, evidence indicates there is probable cause that an offense occurred, and the involved persons are family or household members, arrest the abuser. Arrest is the preferred response only for the primary aggressor, not for a person who acts in a reasonable manner to protect themselves or a family member from violence. ; LE722.1. Determine when an incident meets the criteria for domestic violence Determine the Abuser With your backup officer, obtain each person’s statements separately. Try to determine the abuser early on. Consider the following factors to help identify the abuser and make an arrest: Compare physical evidence to statements. Compare injuries to statements. Does the injury fit the story of the person who claims self-defense? Typical defensive wounds include bruising or cuts on outer forearms, back, backs of legs, palms, or inside fingers or fingertips. Compare statements from the victim, witness, and suspect. Consider evidence or patterns of assault and coercion; include physical, sexual, and psychological abuse. Assess the verbal and non-verbal communication of the involved persons. Consider the emotional state, use of physical stature for intimidation, and fearfulness of involved persons. Consider past incidents of violence. Consider violent physical acts, such as damaged property or injured animals. Determine if the suspect has destroyed any security or surveillance devices. Look for broken doors or window locks, or a damaged cell phone. Look for red flags of economic abuse or dependency, such as whether the abuser took the only credit card, checkbook, cell phone, or set of car keys. ; LE722.2. Determine the abuser in a domestic violence incident Dating Violence Dating violence is violence between people who have or have had a continuing and significant relationship of a romantic or intimate nature. This is based on: a dating relationship within the past six months the character of the relationship includes the expectation of affection or sexual involvement the frequency and type of interaction must have occurred over time and on a continuous basis Chapter 7 Crimes Against Persons / 287 The decision to investigate, arrest, and charge does not require the victim’s consent. You are not liable in any civil action for an arrest based on probable cause, enforcement of a court order, or service of process in good faith arising from an alleged incident of dating violence. ; LE722.3. Determine when an incident meets the criteria for dating violence Respond to a Domestic Violence Incident Follow the basic investigative sequence outlined in the first lesson of this chapter. Your initial focus will be officer safety and de-escalating the tensions between the people involved in the incident. An incident that involved domestic violence will require additional documentation and reporting. Getting details of the incident from the victim and suspect can be difficult because of the intensity of the situation. If either or both refuse to provide adequate information, turn to witnesses, including children, who were present during the incident. If there are no witnesses, you may need to rely on observable evi- dence at the scene, such as physical injuries or broken furniture. ; LE722.4. Describe how to respond to a domestic violence incident Physical evidence is very important in a domestic violence investigation. Photograph and document evi- dence carefully, or document the lack of evidence. It may be necessary for you to return in 24 to 48 hours to document or collect more evidence or information, including photographs of physical injury and prop- erty damage. Physical evidence can help solve a case involving an uncooperative victim or witnesses. You will learn about evidence collection in Chapter 9. ; LE722.5. Describe how to document evidence in a domestic violence incident If you decide to arrest the abuser, tell the victim and the suspect why and where you are transporting the suspect. An adult suspect arrested for an act of domestic violence must remain in custody until brought before the court for a bail determination. Like dating violence, the decision to investigate, arrest, and charge does not require the victim’s consent. You are not liable in any civil action for an arrest based on probable cause, enforcement of a court order, or service of process in good faith arising from an alleged incident of domestic violence. A backup officer may need to transport the victim and any children to a domestic violence center. When probable cause for arrest does not exist, you and the backup officer will explain the options available to each party separately, such as: getting counseling acting on information provided in the Notice of Legal Rights and Remedies brochure getting help from local social service agencies arranging for transportation to a domestic violence center or safe location It is unlawful to disclose the location of the domestic violence center you transported a victim to. 288 / Florida Basic Recruit Training Program (LE): Volume 1 No Contact Order A no contact order prohibits any communication, oral or written, with the victim (or person named in the order); physical or violent contact with the victim; or presence within 500 feet of the victim’s residence, vehicle, or workplace, or a specific place that the victim (or person named in the order) visits regularly. Chapter 741, F.S., allows you to make an arrest for a violation of a no contact order if the original arrest was for domestic violence. ; LE722.6. Describe the role of a no contact order Injunctions Let the victim know that they can go to the courthouse and file for an injunction. The victim must complete an affidavit, explaining why they need the protection. All forms are free of charge from the clerk of court. A judge reviews the affidavit and grants or denies the request. Although an injunction is a civil action, its violation has criminal consequences. Law enforcement honors injunctions from other states or countries, and can advise a victim to ask the local clerk of the court to reis- sue the injunction in Florida if the victim is now residing here. An injunction often involves custody of the victim and respondent’s children. The violation of a custody ar- rangement outlined in an injunction will generally remain a civil matter unless the respondent violates one of the conditions given in chapter 741, F.S. If you determine the circumstances of the custody dispute are civil in nature, maintain the status quo and document the incident on the appropriate report. Chapter 901, F.S., allows you to make a warrantless arrest for a violation of an injunction for protection. Often victims of domestic or dating violence hesitate to obtain an injunction for fear that the abuser may retaliate. An option for the officer may be to petition the court for an RPO, following agency policies and procedures. ; LE722.7. Describe the role of an injunction in a domestic violence incident Child to Parent Domestic Violence Child domestic battery occurs when a child commits an act of violence against a parent, sibling, or other family member living in the home. When you interview a child and family members, determine if the violent behavior is an isolated event. Af- ter gathering essential information, refer the family to appropriate interventions, refer the child to another family member’s home or a respite diversion program to “cool off,” or make an arrest based on the ongoing risk level of harm to others. The circumstances surrounding each child domestic battery incident are unique and require an individual- ized response. Refer families to the Florida Network of Youth and Family Services for local and statewide resources for emergency shelter services and individual and family counseling. ; LE722.8. Describe how to respond to child to parent domestic violence Chapter 7 Crimes Against Persons / 289 Documentation Florida law requires you to document any allegation of domestic violence with a written report. If you do not make an arrest and do not clearly write the reason why in your report, you and your agency may as- sume liability should the persons involved re-engage in violence and injury occurs. Florida law also requires you to send a domestic violence report to your nearest local, certified domestic violence center within 24 hours of receiving notification of the reporting of the incident. ; LE722.9. Describe how to document a domestic violence incident 290 / Florida Basic Recruit Training Program (LE): Volume 1 7 Unit 2: Crimes Against Persons Lesson 3: Stalking Crimes Lesson Goal At the end of this lesson, you will know how to respond to incidents involving stalking and sexual cyberharassment and determine the appropriate course of action and charges, if necessary. Think About This Michael began following his ex-wife, Cheri, soon after their divorce. He left notes on her car, parked his truck in front of her house, and repeatedly phoned her at work and at home. She told him to leave her alone but did not report it to law enforcement at first. Michael increased the frequency and intensity of this behavior. Cheri decided to contact law enforcement, as this behavior occurred every day for over two months. How will you respond to this incident? Stalking Stalking involves unwanted and repeated attention, contact, or harassment by the suspect toward the victim. It can easily escalate as the suspect progresses to possessive and controlling behavior. Stalking is not limited to people who have an existing relationship. Sometimes the suspect is a stranger to the victim. It can occur as a cluster of incidents in a brief period of time or repeated over a long period of time. Chapter 784, F.S., outlines the elements of stalking. Stalking occurs when the suspect willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim. Maliciously means wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or their property. Stalking may not come to the attention of law enforcement until the situation has progressed to another crime, such as sexual battery, aggravated assault, or murder. ; LE723.1. Determine if an incident is stalking Aggravated Stalking Aggravated stalking occurs when the suspect willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim, and makes a credible threat to the victim. A credible threat is a verbal or non-verbal threat, or a combination of the two, that places someone in reasonable fear for their safety or the safety of their family and friends. ; LE723.2. Determine if an incident is aggravated stalking Chapter 7 Crimes Against Persons / 291 Cyberstalking Cyberstalk means to engage in a course of conduct to communicate, or cause the communication, directly or indirectly, words, images, or language by or using electronic mail or electronic communication, directed at, or pertaining to a specific person, causing substantial emotional distress to that person, and serving no legitimate purpose. Some juveniles may have a false perception that they are anonymous on the internet and use social media to abuse others. They may use it to respond to or carry on a disagreement, which can escalate to bullying and cyberstalking. Other forms of cyberstalking include cyberintimidation and sexual cyberharassment. ; LE723.3. Determine if an incident is cyberstalking Respond to a Stalking Incident Follow the basic investigative sequence outlined in the first lesson of this chapter. Interview the victim to gain the facts surrounding the stalking, such as frequency, method, and any electronic device information. Ask the victim to provide screen shots of text messages or social media pages, and physical copies of notes. Determine if the information meets the elements of stalking, aggravated stalking, or cyberstalking, and if you have jurisdiction based on where the stalking occurred. To avoid destroying any information, do not touch any electronic devices, such as a cell phone, laptop, or desktop computer. Notify your supervisor based on the complexity of the case, if there are weapons involved, or if you need additional assistance, such as a specialized detective or a victim’s advocate. A backup officer may transport the victim and any children to a domestic violence center. ; LE723.4. Describe how to respond to stalking 292 / Florida Basic Recruit Training Program (LE): Volume 1 7 Unit 2: Crimes Against Persons Lesson 4: Child Abuse Lesson Goal At the end of this lesson, you will know how to respond to an incident involving child abuse, neglect, and abandonment while considering the role of the Child Protective Investigator. Think About This Tracy is a 14-year-old middle-schooler, and she is arguing with her father at the dinner table. Her father calls her defiant and she argues that she is merely sarcastic. As they continue to argue, her father tells her to stand up; he grabs her by the arm, and slaps her. Tracy does not notice any marks on herself, but her teacher notices marks on the back of her arm and calls the DCF Abuse Hotline. How will you respond to this incident? What are some of the first tasks you need to do? Child Abuse In Florida, a parent has the right to discipline their child in a reasonable manner. Corporal punishment by a parent or legal custodian for disciplinary purposes does not constitute abuse when it does not result in substantial harm to a child. If a reasonable parent or adult would not engage in a damaging act toward a child for any valid reason, especially when the primary purpose is to cause the child unjustifiable pain or in- jury, the act is deemed malicious and is child abuse. Chapter 827, F.S., outlines the elements of child abuse. For child abuse, document that the suspect knowingly or willfully abused a child younger than 18 by: intentionally inflicting physical or mental injury, committing an intentional act that could reasonably be expected to result in physical or mental injury, or actively encouraging another person to commit an act that results in or could reasonably have been expected to result in physical or mental injury to a child. Chapter 39, F.S. defines physical injury as death, permanent or temporary disfigurement, or impairment of any body parts. Different types of harm can include: sprain, dislocation, or cartilage damage, bone or skull fracture, brain or spinal cord damage, or traumatic brain injury, injury to any internal organ, asphyxiation, suffocation, or drowning, or burns or scalding, cuts, lacerations, punctures, or bites. Chapter 7 Crimes Against Persons / 293