St. Johns County Sheriff's Office Criminal Investigations Policy 42.1 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Criminal Investigations Policy 42.1 Effective Date: 06/30/2006 Amended Date: 04/28/2023 ACCREDITATION STANDARDS CALEA: 42.1.1, 42.1.2, 42.1.3, 42.1.4, 42.1.6, 42.2.1, 42.2.2, 42.2.6, 42.2.7, 55.2.4, 82.3.5, 83.2.1, 83.2.6 CFA: FCAC: FLA-T...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Criminal Investigations Policy 42.1 Effective Date: 06/30/2006 Amended Date: 04/28/2023 ACCREDITATION STANDARDS CALEA: 42.1.1, 42.1.2, 42.1.3, 42.1.4, 42.1.6, 42.2.1, 42.2.2, 42.2.6, 42.2.7, 55.2.4, 82.3.5, 83.2.1, 83.2.6 CFA: FCAC: FLA-TAC: FMJS: Discussion: This policy provides guidelines, steps, and procedures for the criminal investigation functions during the preliminary and follow-up investigations. [42.1.2] [42.1.4] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Exculpatory Evidence – Any evidence to include statements tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. ON CALL SCHEDULE.1 An on-call schedule is established to fulfill the investigative needs of the agency after normal duty hours. Normal duty hours are considered as being from 0800-1700 hours, Monday through Friday. On-call hours are from 1700-0800 hours, Monday through Friday, and twenty-four (24) hour coverage during weekends and holidays. [42.1.1].2 It is the responsibility of the Investigative Services Supervisors to provide detectives with schedule information and to ensure that leave / training days do not conflict..3 The detectives’ on-call schedule will be maintained by each section Supervisor. [42.1.1].4 The scheduling of hours of work is a divisional responsibility which may be delegated down to the section level; however, the Sheriff retains the right to change or adjust any work schedule at his discretion. Criminal Investigations 42.1 Page 1 of 9 PRELIMINARY INVESTIGATIONS [42.1.4] [42.2.1, a].5 In general, Patrol deputies conduct preliminary investigations in most crimes and incidents. Except:  AI / Internal Investigations  Undercover drug investigations.6 The following activities are part of the preliminary investigation: [83.2.1, a]  Provide aid to the injured  Protect the crime scene to prevent the loss, destruction, or altering of evidence [42.2.1, c]  Locate and identify all witnesses [42.2.1, b]  Provide other field units (via Communications) descriptions, direction of travel, mode of travel, and other information on wanted persons  Interview each complainant, victim, witness, and suspect [42.2.1, d]  Decide if a crime has been committed  Obtain signed statements from victims, witnesses, and suspects [42.2.1, b]  Find out the identity of the suspect and effect an arrest  Arrange for the collection of evidence  Observe and record all conditions, events, and remarks relating to the incident [42.2.1, a]  Record all information on the report forms [42.2.1, c]  Brief supervisor and make any appropriate or required notifications (Department of Children and Families, Communications, district detective, etc.).7 The Shift Leader ensures an adequate and complete preliminary investigation has been made on each case. [42.1.2].8 The Shift Leader will review all reports and either approve or return them to the reporting deputy for correction..9 The Shift Leader shall determine whether a follow-up investigation should be conducted by Patrol / District Detective or transferred to Central Investigative Services. [42.1.2] Criminal Investigations 42.1 Page 2 of 9 NOTIFICATION OF A SERIOUS CRIME / PROCEDURE FOR CALLOUT [42.1.1].10 The Shift Leader having need for a detective to be called out to a crime scene shall personally call the Supervisor of the affected Investigative Section.  If the situation prohibits the Supervisor on the scene to make direct contact, then the request will be made through the Communications Shift Leader to the on-call detective Supervisor during this emergency..11 The detective, upon being notified by their supervisor and briefed of a call-out, will respond..12 The Patrol Deputy should be utilized on normal crime scene work, i.e., fingerprints, photos, plaster casting collections, etc..13 The detective shall only call out a Crime Scene Technician after arriving on scene and evaluating the situation. [83.2.6].14 Upon arrival at a crime scene, the Crime Scene Technician, shall assume responsibility of processing the scene and request any assistance needed from the Shift Leader to complete the processing of the scene. [83.2.6] FOLLOW-UP INVESTIGATIONS [42.1.4].15 The deputy will make every effort to complete a thorough investigation for each and every case they are assigned..16 The assigned detective will be the primary “case agent” and will be responsible for the case. [82.3.5].17 In the event the suspect of a crime is employed by this office, results of the investigation will be forwarded to the Sheriff via chain of command prior to the signing of charges..18 Basic activities of the follow-up investigation include the following, but are used only when determined to be necessary:  Identify and apprehend suspects [42.2.2, e]  Identify, collect, preserve, evaluate and analyze the evidence [42.2.2, a]  Review and analyze agency reports and records [42.2.2, a]  Interview victim, witnesses and suspects [42.2.2, b]  Seek additional information [42.2.2, c]  Plan, organize, conduct searches and collection of physical evidence [42.2.2, d]  Record all information obtained [42.2.2, a]  Recover of stolen property [42.2.2, d]  Review of the case as it may relate to other reported offenses; determine if other crimes may have been committed by the suspect. [42.2.2, a, f]  Check criminal histories [42.2.2, g]  Prepare for court presentation [42.2.2, h] Criminal Investigations 42.1 Page 3 of 9 GUIDELINES FOR CASE TRANSFER TO INVESTIGATIVE SERVICES.19 On a daily basis, each Investigative Services Supervisor is responsible for reviewing reported crimes which have been forwarded to their respective section. [42.1.2] CASE SCREENING [42.1.2] [42.1.4].20 The Investigative Services Supervisor will review each case to decide the probability of case solution through investigation. Cases are sometimes assigned to a specific detective for follow-up due to their expertise. CRITERIA FOR CONTINUING OR SUSPENDING AN INVESTIGATION [42.1.2] [42.1.3, c].21 Cases in which the probability for solution exists will be assigned for follow-up investigation..22 Those cases with no apparent probability for solution will be closed pending the development of any new investigative information..23 The following solvability factors should be considered in deciding if a case should be assigned for follow-up investigation:  Was an arrest made?  Is a suspect known by name?  Are accomplices at large?  Were there eyewitnesses?  Can the suspect be identified?  Will the victim(s) prosecute?  Was physical evidence obtained?  Can stolen property be identified?  Is there motive?  Is this a serial crime?  Is there reason to believe the case can be solved with reasonable effort?  Is there a suspect vehicle description?.24 Due to the seriousness of the crime, the following types of cases will always be assigned for follow-up:  Armed robbery  Murder  Sex crimes against children  Sexual battery  Kidnapping  Carjacking  Abduction Criminal Investigations 42.1 Page 4 of 9 COLD CASE [42.2.7, a, b].25 Cold case refers to a criminal investigation (or "case") that remains unsolved after all leads have been exhausted. Cold cases which are violent or other major felony crimes such as murder, attempted murder, missing adult where foul play is suspected, missing child, rape or other sexually related crimes with serious injury which, unlike unsolved minor crimes, are generally not subject to a statute of limitations..26 A cold case is considered unsolved until a suspect has been identified, charged, and tried for the crime. Cases may or may not have a suspect named at the time of the crime or developed during the original investigation. With the advent of improving DNA testing and other forensic technologies, cold cases once considered unsolvable will be reviewed:  To properly review the case file and evidence to determine if new techniques exist that were not previously available that may help solve the case,  To permit a fresh perspective for the possibility that a new approach might be considered for additional follow-up,  To possibly reopen the case as an active investigation when circumstances indicate the opportunity to develop new information. EVALUATION CRITERIA [42.2.7, b].27 The evaluation criteria of reinvestigating a cold case generally includes, but may not be limited to, the following:  Legal considerations, such as the application or expansion of statutes of limitation;  Technological considerations, such as the nature and condition of the evidence and the advancement of new technology techniques in solving a crime;  Practical considerations, such as the availability of witnesses in the event DNA profiling would identify a suspect and lead to an arrest and trial;  Resource considerations, such as time, money and personnel available for investigation and forensic analysis. Criminal Investigations 42.1 Page 5 of 9 ACTIONS AND ACTIVITIES [42.2.7, c].28 The actions and activities of the cold case investigation generally includes, but may not be limited to:  Identifying potential unsolved cases according to solvability factors;  Reviewing case files, evidence logs, laboratory reports and autopsy reports;  Consulting with the State forensic laboratory and State Attorney’s Office in submitting appropriate evidence to the laboratory for testing;  Continuing investigative protocol by obtaining reference samples from suspects and other identified subject;  Identifying witnesses who are willing to proceed in prosecution;  Evaluating the case evidence for potential DNA sources;  If a DNA profile does not match suspect’s DNA profile, submitting the evidence profile to a laboratory;  Physical evidence collected, i.e., evidence that may be valuable for DNA analysis, ballistics or fingerprint data bases, which may substantially advance a case beyond its original level.  Submitting investigative intelligence to State and Federal profiling repositories witness(s),  Suspects known or named;  Investigators may also choose to consider other solvability factors that may lead to the classification of meeting Cold Case criteria. CONSIDERATION(S) FOR REOPENING A COLD CASE [42.2.7, b].29 The following should be considered when reopening a cold case:  Limits on statute of limitations.  Technological considerations, such as the nature and condition of the evidence as originally collected, stored, and, in some instances, subject to other forensic tests,  Practical considerations, such as the availability of witnesses in the event further testing or investigation would identify a suspect and lead to an arrest and a trial,  Interview with victim or victim’s family.  Resource issues, such as the time and money available for investigation and forensic analysis. Criminal Investigations 42.1 Page 6 of 9 EXCULPATORY EVIDENCE [42.1.6].30 Deputies / detectives must provide information to the State Attorney’s Office (SAO) should they become aware of previously unknown or unrecognized exculpatory evidence for which a defendant is subject to, or is experiencing a significant and on-going deprivation of liberty..31 Post-conviction investigations involving claims of omitted exculpatory evidence must be documented to when the information was received, who received it, and if or when it was provided to the SAO..32 Post-conviction investigations where claims of omitted evidence are the result of the initial investigation by the agency should not be conducted by investigative personnel involved in the initial investigation / case. CASE STATUS CONTROL.33 Incident reports are entered into an online computer program. Investigative Services Supervisors review the reports. Supervisors have immediate access to the case reports at any time. [42.1.3, a, d] [82.3.5].34 The computer system has a “Forward To” menu that will list the Investigative Services Section where the case is assigned..35 The Supervisor selects the detective from a drop-down menu. INTERNAL CONTROL DESIGNATIONS [42.1.3, b].36 For internal case control the computer system has the administrative designations: Finished / Unfinished, Approved / Unapproved, Pending, Inactive, Closed / Leads Exhausted, Warrant Affidavit or Closed. CASE STATUS CLASSIFICATION [42.1.3, b].37 All crimes are classified as:  Closed - An arrest is made or exceptionally cleared (see Offense Report Clearance).  Closed / Leads Exhausted - All known leads have been exhausted or the lack of leads, unavailability of resources, or an insufficient degree of seriousness exists, and the case has not been brought to a satisfactory conclusion; however, the case investigation may be resumed.  Pending - If investigative follow-up is needed.  Warrant Affidavit - Warrant Affidavit / SA 707 has been submitted.  Inactive - All investigative leads have been exhausted – excluding lab results or subpoena requests. Criminal Investigations 42.1 Page 7 of 9 OFFENSE REPORT CLEARANCE.38 Exceptionally Cleared – can only be claimed if all four (4) elements are met:  The offender must have been identified, and  The exact location of the offender must be known, and  There is enough information to support an arrest, charge and prosecution of the offender, and  There is some reason beyond your control preventing an arrest or prosecution..39 Answering no to any one (1) question above prevents clearing the case by exception. If all four (4) criteria are met, an Exceptionally Cleared can be made using the following reasons:  Lack of prosecution  Suspect / Offender Dead  Victim / Witness Refuses to Cooperate  Other Prosecution.40 Cleared - The case is concluded with the identification of the offender; where prosecution will not be sought or the suspect has been arrested for the offense. SECURITY AND CONFIDENTIALITY OF FILES [42.1.3, d] [42.2.6, c].41 In order to protect the constitutional rights of those persons named within Investigative Services files, and to maintain the confidentiality of the sources of the SIU files, strict controls will be maintained in the dissemination of information contained in Investigative Services files..42 Criminal investigative files can be restricted access within the computer system until released by the detective. [42.1.3, c].43 Investigative files containing working / field notes will remain in the detective’s locked file drawer, unless being actively used at the time. No original affidavits will be retained..44 All detectives’ case files must be accessible to their supervisor at all times. REPORT REVIEW.45 The accuracy and completeness of all reports, correspondence, case files, and investigations are the responsibility of the case detective and the supervisor. Criminal Investigations 42.1 Page 8 of 9 PREPARATION FOR COURT PRESENTATION [42.2.2, h].46 The Criminal Investigations Lieutenant(s) and / or CID Captain will review major case files prior to the case file being submitted to the State Attorney’s Office (SAO). [55.2.4, f]  For Major Cases only, casebooks are hand-delivered to the SAO and a case file receipt is signed..47 On other cases, once the Charging Affidavit / Arrest Report reaches the SAO, the case is reviewed online.  If the case is approved, the SAO moves forward with the case and prints copies needed for prosecution / discovery, etc. [55.2.4, f]  If the report is not approved, an email is generated by the SAO to the agency liaison to follow up on the case until it has been approved.  The agency liaison works with the SAO to resolve any issues with the case prior to the SAO making a filing decision. REPRODUCTION OF MAJOR CASE FILES [82.3.5].48 Investigation where no suspect is immediately identified: The original of all non-evidence documents in the case file will be sent to the Records Section as soon as practical. The originals will remain in Records with the original case report. Exception: Rights Waiver form - the original is kept in Evidence and a copy is sent to Records.  Upon completion of a major case file where a suspect is known and criminal charges have been filed, a copy of the file will be made available to the State Attorney’s Office. State Attorneys may access reports through the Records Management System (RMS). [55.2.4, f] DISPOSAL OF CASE FILES [42.1.3, e] [82.3.5].49 Upon inactivation of a case, the detective may dispose of their case file work copies; however, all original information must be on file with the original case in Records. ____________________ Robert A. Hardwick Sheriff Criminal Investigations 42.1 Page 9 of 9