St. Johns County Sheriff's Office Criminal Investigations Procedures PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Criminal Investigations Procedures Effective Date: 06/30/2006 Policy 42.2 Amended Date: 07/19/2023 ACCREDITATION STANDARDS CALEA: 41.2.7, 41.3.6, 42.2.1, 42.2.2, 42.2.5, 42.2.8, 43.1.5 CFA: 15.18, 31.01, 31.02 FCAC: FLA-TAC: FMJS: Discuss...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Criminal Investigations Procedures Effective Date: 06/30/2006 Policy 42.2 Amended Date: 07/19/2023 ACCREDITATION STANDARDS CALEA: 41.2.7, 41.3.6, 42.2.1, 42.2.2, 42.2.5, 42.2.8, 43.1.5 CFA: 15.18, 31.01, 31.02 FCAC: FLA-TAC: FMJS: Discussion: This policy provides guidelines, steps, and procedures for conducting criminal investigations. DEFINITIONS Agency - Refers to St. Johns County Sheriff’s Office Professional – A psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with autism or an autism spectrum disorder or related developmental disability or must be certified in special education with a concentration focused on persons with autism or an autism spectrum disorder. INFORMATION DEVELOPMENT.1 Patrol deputies and detectives should be aware of the various methods of developing information during investigations. Any additional information, which is available, will aid the deputy to perform their assignment. [42.2.1, a].2 Sources of information include: [42.2.1, b, d]  Witnesses: Information can be obtained verbally, written, and / or a digital tape recording and it should be taken under oath. When necessary, witnesses may be subpoenaed to give testimony. These arrangements shall be made through the State Attorney’s Office.  Informants: The term informant is widely misused in the law enforcement community. The word informant can mean any source of information to include, but not be limited to, undercover police personnel, public service employees, criminals, or concerned citizens passing on information to any deputy they know. It is important for the deputy or detective to know the person’s motivation in order to evaluate the information properly. There are many reasons why people provide information to law enforcement which may include, but not be limited to, the following: (1) Revenge (2) Trade-offs for consideration by a judge during sentencing (3) Monetary gain (4) Civic responsibility Criminal Investigations Procedures 42.2 Page 1 of 12.3 There exists an almost endless reservoir from which information can be sought. During an investigation, the deputy or detective should determine what information would be helpful, and be mindful of the potential sources available. These include, but are not limited to, the following:  Corporation memberships  Criminal histories  Driver license checks  Foreign law enforcement agencies  Intelligence units  Local, State, & Federal Governments  Motor vehicle registrations  Other Law Enforcement agencies  Present and past employees  Private businesses  Public records  Public utility information  State and local licenses.4 The agency provides checklists to aid in criminal investigations. FOLLOW-UP INVESTIGATION [42.2.2, a-h].5 The following steps should be considered when conducting a follow-up investigation. The detective or patrol deputy must bear in mind not all steps listed will apply to every case. Likewise, there might be additional steps, not included, which experience, training, and inherent talent lead one to feel are applicable. Therefore, these steps are intended to be used as a general outline..6 Responding to the crime scene: [42.2.1, a, b, c]  Protection of the crime scene is a fundamental concern.  A detective arriving upon the scene of a case to which they are called will assume responsibility for the scene.  The following will be recorded: (1) Condition of victim(s) / witness(es), both physical and mental (2) Events associated with the investigation, i.e., who’s doing what? (3) Weather and light conditions (4) Any unusual or incriminating remarks or statements.7 Each assigned report will be reviewed to assure the incident is reported fully and accurately and will include the following: [42.2.2, a]  Completeness of the report to include victim(s) and witness(es)  Elements of the crime [42.2.1, c]  Collection, description, and location of property taken, being sure the appropriate personnel are contacted [42.2.1, c] [42.2.2, d]  Identification and location of victim(s), witness(es), and suspect(s) [42.2.1, b].8 The victim(s) should be re-contacted to verify reported facts and to check for additional information. Criminal Investigations Procedures 42.2 Page 2 of 12.9 Witnesses should be interviewed or re-interviewed. [42.2.2, b].10 Complete property description and value should be checked..11 Verification should be made that serialized property is entered in FCIC / NCIC..12 The crime scene should be reviewed to verify recorded facts and seek additional information. [42.2.2, a, c].13 Evidence for laboratory examination should be submitted, if necessary. Laboratory results of any evidence already submitted should be reviewed. [42.2.2, a].14 A neighborhood canvass should be provided, if not completed during preliminary investigation. [42.2.2, c].15 Suspect information should be checked, including: [42.2.2, g]  Arrest record (Criminal History)  Field Interview / vehicle observation reports (Field Contact Cards)  Local records.16 The Field Contact Card (SJSO-309) is utilized to document citizen “stops” and suspicious vehicles.  The report is filled out in its entirety and includes an explanation of the circumstances leading to the “stop” or vehicle observation.17 Once suspect(s) is(are) identified, any or all of the following guidelines may be used as appropriate, pertaining to the case: [42.2.2, b]  Suspect(s) should be interviewed within constitutional guidelines  Statements taken, in writing, by suspects or for suspects should be completed as follows: (1) After their statement, have them swear with their right hand raised, to the statement “Is this statement true and correct?”, printed at the bottom of the affidavit (2) The writer should place their initials at the end of the last sentence. A slash running from the last line of the upper right hand corner unused portion to the lower left unused portion should be drawn and initialed to indicate there is no further information (3) If the statement is written for the suspect, it must be read back to them, then initialed. Any corrections will also be initialed. A final entry is to be made that the statement was read to the suspect and the suspect agreed with the content of the statement. The suspect did not request any changes be made  Ensure Constitutional Rights Form SJSO-018 is signed by suspect(s)  Perpetrator(s) should be arrested [42.2.2, e]  A search warrant or consent to search should be obtained. Planning, organizing and supervising of the search teams should be completed [42.2.2, d]  Information on suspect(s) and / or their motive should be disseminated to sworn personnel and other appropriate agencies through Intelligence [42.2.2, f]  Arrest warrant(s) should be obtained  Warrant(s) should be entered into FCIC / NCIC  The possibility of related crimes should be analyzed. The FBI Violent Criminal Apprehension Program (VICAP) Form will be completed on certain homicides [42.2.2, f]  The case status report should be completed Criminal Investigations Procedures 42.2 Page 3 of 12.18 Victim(s) of the case should be notified of any status change..19 The Supervisor should be kept updated..20 Case preparation for prosecution shall be completed. [42.2.2, h].21 Contact with the State Attorney’s Office shall be maintained until disposition of the case. [42.2.2, h] VICTIM CONTACT PROGRAM / PROCEDURE.22 The victim is contacted a second time to verify report details, obtain additional information on loss or suspects, and to demonstrate concern on behalf of the agency and the detective. [42.2.2, b].23 Procedure for second contacts:  When assigned a case for follow-up, the assigned detective shall re-contact the victim(s) usually within five (5) days of the initial report  Contact shall be made in person or by phone, if possible and practical  The contact shall be documented in the case file.24 When conducting follow-up investigations, the detective shall: [42.2.2, a-h]  Review and analyze all preliminary reports, records, and results from lab exams  Conduct further interviews  Seek more information from law enforcement officers and confidential informants  Plan, organize and conduct searches and collect physical evidence  Identify and arrest suspects  Decide if suspects were involved in other crimes  Check suspects’ criminal histories  Prepare cases for court  Make a second contact with all involved Criminal Investigations Procedures 42.2 Page 4 of 12 INTERVIEWS.25 Interviews shall be conducted in a professional and courteous manner. These activities are an important part of the investigative process and must not be compromised by improper practices. [41.2.7, c].26 Suspect interviews shall be conducted in accordance with established state and federal law to ensure the suspect’s civil rights are not violated in any way. No attempt will be made to obtain confessions or statements by force, coercion, threat or promise. [42.2.1 d].27 At the earliest moment in any incident, the deputy or detective should seek out and identify the people who may have knowledge of the event. [42.2.1, b].28 The deputy or detective should try to find as much information on the background of the person to be interviewed as possible. [42.2.2, g].29 Once witnesses have been identified, they should be separated from each other and, if possible, removed from outside influence..30 Witnesses should be interviewed while their memory is still fresh and, if possible, in privacy..31 The deputy or detective should direct the flow of the interview in a non-suggestive manner, being careful not to lead the witness by asking questions which imply or offer an answer..32 The witness should be allowed to continue their narrative of the event without interruption before being asked specific questions..33 Questions should be stated simply and clearly in a systematic and chronological order..34 Note taking during the interview should be kept to a minimum, recording only significant details. Immediately, or as soon as possible after the interview, the notes should be completed..35 In certain instances, a written and / or recorded statement from a witness may be required..36 The setting for the interview should be free from distraction, if possible..37 The interviewer should maintain control of the session..38 Technical aids may be utilized, by a qualified examiner, for the detection of deception for criminal investigations. [42.2.5] Criminal Investigations Procedures 42.2 Page 5 of 12 INTERVIEWS OF PERSONS WITH AUTISM OR AUTISM SPECTRUM DISORDER REQUESTING A PROFESSIONAL [41.2.7, c] [CFA 15.18] [FS 943.0439].39 When an individual with autism or an autism spectrum disorder (or their parent or guardian) requests a professional be present, the interviewing deputy shall take, or cause to be taken, the following steps:  Advise the individual making the request for a professional that all expenses related to the attendance of the professional shall be the responsibility of the requesting individual  Ask the individual making the request, if they have a particular professional they would like to request or knows of a professional who may be requested. The individual making the request for a professional may contact the professional directly if that is their preference.40 If the individual making the request does not have or know of a particular professional to contact, the interviewing deputy shall contact the Communications Unit to facilitate contacting local resources which may be able to provide a professional.  All attempts, regardless of their success, to contact local resources by the Communications Unit shall be logged in the associated Computer Aided Dispatch (CAD) call and documented in any related reports  The Communications Unit shall notify the requesting deputy of their ability or inability to contact a local resource or professional and if that professional will be responding.41 The interviewing deputy shall document all attempts to obtain a qualified professional for the interview..42 If after a good faith effort has been made to locate the professional and attempts were unsuccessful, the interviewing deputy may begin an interview without a professional present..43 In conducting an interview with a juvenile, personnel shall be mindful of the special legal status of juveniles, and are responsible for adhering to the interview protocols. See policy 44.1 Juvenile Procedures. TRAINING [41.2.7, d, e] [CFA 15.18].44 The agency shall conduct annual training in its policies and procedures for interviewing individuals with Autism or an Autism Spectrum Disorder. CONFIDENTIALITY.45 The disclosure by an individual, who is a victim, suspect or defendant, diagnosed with autism or an autism spectrum disorder or their parent or guardian may be considered confidential and possibly restricted. Prior to dissemination of public records requests, current Public Records Guidelines should be reviewed to ensure agency compliance. Criminal Investigations Procedures 42.2 Page 6 of 12 PROCEDURE FOR DIGITALLY RECORDED INTERVIEWS / STATEMENTS [42.2.1, d].46 It will be at the discretion of the investigating deputy / detective to utilize a digitally recorded interview to obtain information from victims, witnesses and / or suspects to supplement their investigation in cases, which are likely to result in a prosecution. [42.2.2, b].47 Ensure the following procedures occur when conducting digitally recorded interviews in accordance with agency Standard Operating Procedures:  Prepare questions prior to the interview based on facts / circumstances known at the time  Turn the recorder on and ensure it remains on for the entire interview  At the beginning of the interview, establish the day, date, time and location of the interview  Introduce the interviewer and the person being interviewed as well as any other persons present during the interview  Have the person being interviewed swear that the statement they provide is true and correct  Avoid questions that imply or suggest a particular answer  If interviewing a victim, ascertain if the victim wishes to move forward with the prosecution of the suspect(s)  At the conclusion of the interview, state the day, date and time DIGITALLY RECORDED INTERVIEWS OF VICTIMS AND WITNESSES.48 The deputy / detective shall submit audio recorded statements from victim(s) and witnesses to Records. It will be at the discretion of the lead detective / case agent, whether a victim(s) audio statement will be submitted as evidence by completing the proper Evidence Submittal form. DIGITALLY RECORDED STATEMENTS FROM SUSPECTS [42.2.1, d].49 If applicable, the Miranda Warning will be read and the subject will acknowledge their understanding of it and / or a previously read warning. See policy 1.3 Constitutional Compliance..50 The recording of a statement or interview from a suspect will become evidence in the investigation. The recording will be entered into evidence by completing the proper Evidence Submittal form..51 If transcription is required, the taped statement will be retrieved from Evidence by the designated person for transcription. The tape and transcribed statement will be returned to Evidence. The Forensic personnel will follow evidence procedures as noted in policy 83.2 Custody and Control of Collected Evidence. Criminal Investigations Procedures 42.2 Page 7 of 12 INTERVIEW ROOM [42.2.1, d].52 Each interview room is monitored separately in a remote location. [42.2.8, b, d, e].53 All suspect and potential suspect interviews should be audio / video recorded in their entirety, unless extenuating circumstances exist. The entire interview should be recorded from start to finish, including times when the suspect is alone in the interview room and any breaks where the suspect may leave the room for a period of time. [42.2.8, e].54 Privileged communications between an attorney and client shall not be recorded..55 No one is allowed to monitor an interview without the direct knowledge of the interviewer, or the interviewer’s supervisor..56 Monitoring is for officer safety as well as the person being interviewed, critique of the interview, and documenting suspect admission / confession of criminal activity(s)..57 At no time are arrestees handcuffed to any object in the interview room..58 Anyone conducting an interview in an interview room will secure their weapon. [42.2.8, a].59 While an interview is in progress, the interview room is not to be entered, unless an emergency exists. [42.2.8, b].60 Prior to the beginning and during an interview, the interviewee will be asked if they require the use of the restroom or need water, etc. [42.2.8, g].61 Restrooms and a water fountain are located in the same area and a few feet from the interview room. [42.2.8, g].62 The person being interviewed will be under constant supervision, either by video monitor or a detective located directly outside of the interview room. [42.2.8, b, d], [CFA 31.01, 31.02].63 Emergency assistance for agency personnel is provided by the constant monitoring of the interview room by another detective who has direct access to a phone to dispatch and the interviewing detective has a cell phone with a two-way access to the Communications Shift Leader. [42.2.8, d].64 Interviewees who will be left alone in an interview room will be instructed to knock on the door and call out if they need immediate assistance. [42.2.8, d].65 Depending on the circumstances of the interview (juvenile or adult interviewee) one person should be interviewed at a time. For Juvenile Interviews see policy 44.1 Juveniles..66 Typically, no more than two (2) detectives should be in the interview room. However, discretion should be used depending upon the circumstances. [42.2. 8, c].67 Equipment in the interview room – table, chairs. [42.2.8, f] Criminal Investigations Procedures 42.2 Page 8 of 12 SURVEILLANCE.68 Involves monitoring, without being detected, persons, vehicles, places, or objects to obtain information which may later lead to the apprehension and conviction of suspects engaged in continuous criminal activity..69 Surveillance operations may also be conducted by law enforcement officers for the purpose of preventing a suspect from committing a crime, or apprehending a suspect while in the commission of a crime. BEFORE THE OPERATION.70 Section Supervisors will review investigative files in cases requiring a surveillance detail or operation..71 Investigative Services Supervisors shall coordinate all surveillance operations conducted by agency Investigative Services. [43.1.5, b].72 The Section Supervisor and the case detective will create an analysis of various crimes and victims to identify probable offenders, habits, associates, vehicles, methods of operation and any other pertinent information. [43.1.5, a].73 After review of the files, the method of surveillance will be decided upon based on the intent of the operation: [43.1.5, a]  Observation for intelligence and evidence gathering purposes  Observation for arrest.74 Types of surveillance:  Visual - surveillance conducted by actual visual observation  Electronic - surveillance conducted through the use of electronic means to monitor or record a target’s activities Criminal Investigations Procedures 42.2 Page 9 of 12 IMPLEMENTATION [43.1.5, c].75 When the surveillance method has been decided upon, the Section Supervisor will:  Ensure the necessary funds are available to conduct the operation for the allocated time (See policy 43.1 I & E Funds)  Verify all communications equipment is working properly  Ensure the necessary equipment and vehicles have been selected based upon the nature of the operation and issued to the proper detectives. Selection considerations will include the neighborhood or area of surveillance, the suspects to be observed, and the availability of equipment and vehicles to complement the type of planned operation.  Ensure relief and / or shift schedules are made up and followed during long-term surveillance details  Provide direction for teams  Confirm target location  Ensure contingency plans are made so the State Attorney can be contacted should the surveillance result in legal ramifications  Conduct pre-operation briefings to ensure each member understands their assignments.76 The surveillance detectives shall make a survey of the area to determine: [43.1.5, c]  Traffic conditions.  Suitable vantage points.  Names and locations of streets in the area, including the locations of dead-end streets, streets under construction or repair, etc..77 Methods of identifying the suspect include, but are not limited to:  If stopped, driver license or identification card  If video or photo, identification may be accomplished by comparing a booking sheet, personal identification, etc., to the video.78 The surveillance detective should familiarize themselves with the areas and neighborhoods frequented by the suspect(s).  If an arrest of a suspect(s) is anticipated during a surveillance operation, the Section Supervisor will ensure that “arrest” or “take-down” teams are identified and properly equipped; i.e., body armor and reflective identification vests [41.3.6]  Selected “arrests” or “take-down” teams should maintain positions in such a manner so they could visually observe the suspect(s) at all times. This will give the teams an advantage for a quick and safe response for arrest.79 In the case of a moving surveillance or when “tailing” the suspect(s), the selected arrest teams should be the closest surveillance units to the suspect(s)..80 Prearranged tailing configurations are to be used with units trading off so as not to detect the “tail”. Units will remain flexible and ready for immediate arrest or other appropriate action..81 Marked patrol units will be utilized in all moving vehicle traffic stops unless otherwise authorized by the Section Supervisor. Criminal Investigations Procedures 42.2 Page 10 of 12.82 Normally, surveillance teams will communicate on selected surveillance channels when conducting an operation. If an emergency situation arises, the following procedures will be followed.  A designated member of the support team will immediately switch to the appropriate radio Talk group  Location, nature of emergency, and number of backup units needed, will be given to the Communications Shift Leader  The Section Supervisor or the case detective will take charge of the scene  The appropriate Patrol Captain and Criminal Investigations Captain will be notified immediately.83 Appearance of surveillance detectives:  Dress should match that of the local people in the target area  Investigators should blend in with their surroundings  Avoid conspicuous jewelry and other distinctive articles of clothing.84 Documentation: [43.1.5, d]  Take careful notes of observations, including a description of all persons involved  A chronological log of events shall be maintained  Surveillance logs will be kept within the investigative files  Reports will be completed when the operation is finalized or comes to a conclusion.85 Surveillance files will be kept as part of the investigation, which include the following information:  Subjects: (1) Name and address (2) Description, including known characteristics and mannerisms (3) Associates  Neighborhood: (1) Type of (2) Commercial or residential (3) Normal dress patterns  Specific locations known or suspected to be frequented by the subject(s): (1) Meeting places (2) Restaurants, bars, or clubs  Vehicles used by the subject(s): (1) Description (2) License and registration numbers (3) Frequently traveled routes.86 The Criminal Investigations Captain will authorize expense funds on long-term surveillance operations..87 Undercover and surveillance equipment is kept in the Special Investigations Unit (SIU) and is available to all detectives. All equipment used will be logged on the sign-out sheet. Each detective is responsible for proper care and use of equipment issued to them. Criminal Investigations Procedures 42.2 Page 11 of 12.88 All legal issues should be brought up and resolved during pre-operation briefings, or before the operation is initiated. The Investigative Services Supervisor or the case detective will contact an Assistant State Attorney to discuss legal issues at hand. All surveillance activities will be conducted with strict adherence to current legal guidelines..89 Any surveillance activity which cannot be performed by direct observation must be approved by a Supervisor. If the surveillance sought is beyond that normally permissible, the detective will apply for the appropriate court order..90 If several detectives are engaged in the surveillance, a system of tactics and communication will be devised and understood by all..91 If the surveillance is likely to be lengthy, arrangements shall be made for suitable relief..92 Whenever the potential exists for a surveillance operation to conflict with patrol activities, the senior ranking member of the surveillance team will make proper notification to the Lieutenant or authorized representative. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.93 All sworn employees of the agency will comply with the constitutional guidelines relating to admissions and confessions of defendants during investigations. __________________ Robert A. Hardwick Sheriff Criminal Investigations Procedures 42.2 Page 12 of 12