Florida Basic Investigations Lesson 1 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 Mental injury from child abuse is an injury to the intellectual or psychological health of a child. Expert testimony from a mental health professional determines if a child victim cannot function within the normal range of behavior because of child abuse. For aggravated child abuse of a child younger than 18, document that the suspect: committed aggravated battery upon a child, willfully tortured a child, maliciously punished a child, willfully and unlawfully caged a child, or knowingly or willfully committed child abuse, causing great bodily harm, permanent disability, or permanent disfigurement. ; LE724.1. Determine if an incident is child abuse or aggravated child abuse Child Neglect Child neglect occurs when a caregiver fails to provide food, nutrition, clothing, shelter, medicine, and medi- cal services essential for the well-being of a child, regardless of the age. Child neglect is more than a fail- ure to use ordinary care; it is gross and deliberate negligence, committed with disregard for the safety of a child. For child neglect, document that the suspect was a caregiver for the child and willfully failed to provide the care, supervision, and services necessary to maintain physical or mental health, or failed to make a reason- able effort to protect a child from abuse, neglect, or exploitation by another person. In the context of child neglect, a caregiver means a parent, adult household member, or other person who is responsible for a child’s welfare or who might have legal custody of a child. Legal custody means: a legal status created by a court: the court appoints an entity, whether an agency or an individual (for example, DCF, or a member of a child’s extended family), to be a custodian or guardian, the right to have physical custody of a child and the right and duty to protect, nurture, guide, and discipline a child, or the right to provide a child with food, shelter, education, and ordinary medical, dental, psychiat- ric, and psychological care. ; LE724.2. Determine if an incident is child neglect Child Abandonment Versus Surrendering a Newborn Chapter 39, F.S., defines abandonment as a situation involving a parent, legal custodian, or caregiver who, while being able, makes no significant contribution to a child’s care and maintenance or has failed to estab- lish or maintain a substantial and positive relationship with a child, or both. 294 / Florida Basic Recruit Training Program (LE): Volume 1 A parent does not commit child abuse, neglect, or abandonment if the parent surrenders a newborn infant at a hospital, emergency room, EMS station, or fire station or brings a newborn infant to an emergency room. When the parent leaves a newborn infant at one of the places designated a Baby Safe Haven and expresses an intent to leave the infant and not return, they are not exposing a child to unreasonable risk of harm. Chapter 383, F.S., outlines the treatment of surrendered newborns and their parents. The Florida Statutes define a newborn infant as a child a licensed physician would reasonably believe to be about seven days old or younger. Unless there is actual or suspected child abuse or neglect, a parent has the right to remain anonymous when surrendering an infant. You may not pursue or follow a parent who surrenders a new- born infant to a designated Baby Safe Haven. ; LE724.3. Explain the difference between child abandonment and surrendering a newborn Abusive Head Trauma In a child, a traumatic brain injury is an injury to the head and brain of an infant or child younger than six years of age, usually as the result of violent shaking or blunt impact. This type of head trauma is child abuse. In First Aid, you learn how to recognize and provide emergency care to an infant or child younger than six with head trauma and brain injury. Once the infant or child is in the care of EMS, your role shifts to conduct- ing the initial investigation for child abuse. The role of the parent or caregiver in abusive head trauma is considerable and may be difficult to understand if they seem pleasant and forthcoming with information. Most parents or caregivers do not intend to kill or injure a child, just punish, or get them to stop crying; however, these caregivers are still responsible for their actions. ; LE724.4. Describe an incident of abusive head trauma Contributing to the Delinquency or Dependency of a Child For contributing to the delinquency or dependency of a child younger than 18, document that the suspect committed an act that: caused, tended to cause, encouraged, or contributed to a child becoming a delinquent or depen- dent child or a child in need of services, or by act, threat, command, or persuasion, induced or endeavored to induce a child to commit or perform an act, follow a course of conduct, or live in a manner that causes or tends to cause the child to remain a delinquent or dependent child or a child in need of services. A man 21 or older who impregnates a child younger than 16, contributes to the delinquency of the child, even if the victim agreed to the act. ; LE724.5. Determine if an incident is contributing to the delinquency or dependency of a child Chapter 7 Crimes Against Persons / 295 Respond to Child Abuse, Neglect, or Abandonment Responding to an incident involving child abuse can be emotionally difficult. When you arrive at the scene, you must determine if there are any injuries and if anyone needs immediate medical treatment. Look for signs of physical abuse, such as bruises, welts, burns, fractures, and cuts. Sometimes you meet with or escort a Child Protective Investigator (CPI) from DCF to the scene. Due to the hostile nature of domestic calls, you will provide security for the unarmed CPI while they conduct an assessment to determine if a child is in immediate danger. The Florida Statutes authorize a CPI to remove children from a parent or caregiver’s custody and control without a custody order. If this occurs, make sure that the child’s removal happens with as little trauma as possible. ; LE724.6. Describe how to respond to child abuse, neglect, or abandonment Physically separate a child from the alleged abuser to prevent additional harm to the child and to prevent them from seeing or hearing each other. Pay attention to how a child interacts with any adults or siblings and if their demeanor suggests fear when they are in the room. ; LE724.7. Separate the victim of child abuse or neglect from the suspected abuser Conduct a thorough interview of all persons on the scene, at a reasonable location of your choice, out of earshot of the child, and considering officer safety. Interview the parents or caregivers and obtain a state- ment regarding the allegations of child abuse or neglect. This is a preliminary interview to lock in a state- ment, dismiss any retaliatory accusations, or establish a suspect’s identity. Often an investigator or a very experienced patrol officer conducts a child interview. Determine whether a crime has occurred and if abuse or neglect of a child occurred. If it did occur, find out who is responsible. Decide what actions are necessary to protect victims, which may include removing a child from the environment. If the child’s life or health is in such danger that they must be removed from their surroundings, or if you reasonably believe a child has been abandoned, abused, or neglected, contact your supervisor and the DCF Abuse Hotline at 800-962-2873. Follow the basic investigation process outlined at the beginning of this chapter. Document the incident regardless of whether a crime has occurred. Using procedural justice can help reduce tensions and limit the trauma experienced by all parties. Main- tain a professional, impartial, and proactive response. Explain your actions and provide the children with a chance to speak and ask questions. Keep in mind that both the child and the adults involved in the inci- dent are experiencing trauma. Treating all involved with dignity and respect can de-escalate and calm the situation. 296 / Florida Basic Recruit Training Program (LE): Volume 1 Reporting Requirements The identity of the person reporting the abuse is confidential information. Include this identifying informa- tion in your report, but you must not disclose it to anyone involved in the incident. The Florida Statutes require all individuals to report any suspicion or knowledge of child abuse, neglect, or abandonment by calling the Abuse Hotline. Most reporters can remain anonymous; however, statutes require people in certain professions, including law enforcement, physicians, and teachers, to provide their names to the hotline when reporting. Do not place the CPI’s personal identifying information (date of birth, home address, etc.) in your report, as employees of DCF have the same confidentiality protections as law enforcement. ; LE724.8. Describe how to document child abuse, neglect, and abandonment Chapter 7 Crimes Against Persons / 297  Unit 2: Crimes Against Persons 7 Lesson 5: Abuse, Neglect, and Exploitation of an Elderly Person or Disabled Adult Lesson Goal At the end of this lesson, you will be able to respond to an incident involving abuse, neglect, or ex- ploitation of an elderly person or disabled adult, while considering the role of the Adult Protective Investigator (API). Think About This Dispatch sends you to the home of Martha, who is 75 and blind. She called dispatch because her dog is not coming when called, but she can hear the dog whining somewhere in the house. Martha hopes that you can find the dog for her so that she can call a cab to take the dog to the vet. Martha tells you that she lives with her son, George, who struggles to make a living as an artist. He was angry at her because she wouldn’t give him money, probably for beer. She thinks that he kicked her dog before leaving the house. You find the dog in a back bedroom, wrap it in a blanket, and carry the dog to Martha, who asks you to call a cab for her. While you are calling for a cab, Martha discovers that credit cards are missing from her wallet. How will you respond? Abuse of an Elderly Person or Disabled Adult Abuse of an elderly person or disabled adult occurs when the suspect knowingly or willfully subjects an elderly person or disabled adult to behavior that could reasonably be expected to result in the physical or psychological harm or death of the victim. The suspect: intentionally inflicts physical or psychological injury, commits an intentional act that could reasonably be expected to result in physical or psychologi- cal injury, actively encourages another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury, or intentionally and without lawful authority isolates or restricts access to family members for any length of time that could reasonably be expected to result in physical or psychological injury or to conceal criminal activity. 298 / Florida Basic Recruit Training Program (LE): Volume 1 Aggravated abuse of an elderly person or disabled adult occurs when the suspect: commits aggravated battery upon an elderly person or disabled adult, willfully tortures, maliciously punishes, or willfully and unlawfully cages the victim, or knowingly or willfully abuses the victim and causes great bodily harm, permanent disability, or permanent disfigurement. ; LE725.1. Determine if an incident is abuse or aggravated abuse of an elderly person or disabled adult Neglect of an Elderly Person or Disabled Adult Neglect of an elderly person or disabled adult occurs when the suspect willfully fails to provide the care, supervision, and services necessary to maintain the physical or mental health of an elderly person or dis- abled adult, or fails to make a reasonable effort to protect the victim from abuse, neglect, or exploitation by another person. The abuse may be repeated conduct or a single incident that can result in a serious physical or psychological injury, or a substantial risk of death. The suspect must be the caregiver for the victim. A caregiver here means a person who has been entrusted with or has assumed responsibility for the care of an elderly person or disabled adult and their property. A caregiver includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities (a facility means any location that provides day or residential care for people who are elderly or disabled). Your observations might determine whether a caregiver is providing adequate food, nutrition, clothing, shelter, supervision, medicine, and medical services that would be essential to the well-being of the elderly person or disabled adult. ; LE725.2. Determine if an incident is neglect of an elderly person or disabled adult Exploitation of an Elderly Person or Disabled Adult Adults who are elderly or disabled can be more dependent on others because of limitations and unique needs. This dependence, along with physical or mental vulnerability, places them at an increased risk of being financially exploited by friends, family, and other trusted individuals. Given the nature of the relation- ship between the victim and the suspect, victims may have difficulty identifying a crime has occurred and are often reluctant to report crimes committed against them. Look beyond the surface of a situation to understand the dynamics that may be occurring. The elderly person or disabled adult may have a fiduciary, or someone who is legally responsible for man- aging their health and well-being or makes decisions regarding their property and finances. The fiduciary may call themselves a guardian, trustee, or an agent under durable power of attorney. Do not assume that an exploitation situation is a civil matter. When you determine the incident shows signs of the crime of abuse, neglect, or exploitation, consider the ongoing abuse, neglect, or exploitation a criminal matter, not just a family matter. Contact your supervisor for guidance. ; LE725.3. Determine if an incident is exploitation of an elderly person or disabled adult Chapter 7 Crimes Against Persons / 299 Exploitation of an elderly person or disabled adult occurs when the suspect either: takes or attempts to take a victim’s property, funds, or assets abuses a special relationship between them and the victim that results in an unauthorized sei- zure or other qualifying social, financial, or physical hardship or neglect suffered by the victim The elements of exploitation may appear similar to fraud or theft but should be charged as exploitation because of the victim’s vulnerability and the suspect’s relationship with them. Exploitation frequently oc- curs with abuse or neglect of an elderly person or disabled adult, which is something to be alert for when responding to these types of calls. Initial Response to Elderly or Disabled Adult Incidents You may encounter suspected abuse, neglect, or exploitation when responding to a well-being check or domestic violence incident. Determine if there are any injuries to the victim or other household members, and decide whether anyone needs medical treatment. Look for signs of physical abuse, such as bruises, welts, burns, fractures, lacerations, and abrasions. Remember, signs of abuse, neglect, or exploitation may not be obvious. If the victim is in immediate danger and an API is not present, contact your supervisor. Some things to look for: Does it appear that someone is taking care of the person? Do you smell urine or feces on the person or in the room? Do you smell rotting food? Can you find enough food in the kitchen and refrigerator? Is the person receiving regular medical care? ; LE725.4. Determine if the elderly person or disabled adult is in immediate danger of abuse, neglect, or exploitation Adult Protective Investigator Sometimes you will meet with or escort an API to the scene. Should the API have reason to believe a situa- tion presents a risk of death or serious injury and is unable to obtain consent for access to a premise, they can conduct an emergency forcible entry without a court order. You will keep the API safe and secure while they conduct a social services investigation. Your job will be to conduct a criminal investigation to deter- mine if a crime has occurred. Always document the incident even if you do not find evidence of a crime. The API will decide whether to remove the victim from the home, and when and where to place the person in protective custody. The law authorizes an API to conduct an emergency removal without a court order, with specified medical personnel or law enforcement, for a victim who lacks capacity to consent when there is a risk of death or serious physical injury. If this occurs, help the API lawfully conduct their duties, ensuring the safety of everyone involved. ; LE725.5. Differentiate the officer’s role from the Adult Protective Investigator’s role 300 / Florida Basic Recruit Training Program (LE): Volume 1 Gather Information Take extra time to be sensitive to the person’s needs; observe carefully, speak clearly, and have patience. Victims may be embarrassed, afraid, angry, or confused. Physically separate the victim from the suspect. Determine if the victim’s disability or vulnerability affects their ability to communicate or their capacity or memory. Document their emotional and mental response, including the inability to recall details or provide an accurate account. If the victim tells you that they consented to the alleged criminal activity, this should not end your investigation, as they may lack the capacity or be unduly influenced into providing consent. Interview the primary caregiver to get a statement about the allegations. ; LE725.6. Describe how to interview the persons involved when conducting an initial investigation of abuse, neglect, or exploitation of an elderly person or disabled adult Course of Action After the initial interviews and assessment of the scene, work with the API to determine the best course of action to ensure the victim’s safety. Tell the victim, their guardian, or someone acting on behalf of the victim that they may consider filing an injunction for protection against exploitation of a vulnerable adult or a domestic violence injunction, as discussed in a previous lesson. If the victim is elderly and needs legal assistance, refer them to the Florida Senior Legal Helpline at 888-895-7873, or if disabled, refer them to the Disability Rights Florida at 800-342-0823. Chapter 415, F.S. authorizes you to provide transport, or arrange for transport, of an elderly person or dis- abled adult to the appropriate facility. ; LE725.7. Describe how to respond to abuse, neglect, and exploitation of an elderly person or disabled adult Reporting Requirements Like child abuse, the Florida Statutes require everyone to report any suspicion or knowledge of the abuse, neglect, or exploitation of vulnerable adults, disabled adults, and elderly persons by calling the DCF Abuse Hotline. Always protect the identity of the reporting person during this type of investigation. If the initial report came from the Abuse Hotline, the API may not reveal the reporting person to you because of confidential- ity laws. Most reporters can remain anonymous; however, statutes require people in certain professions, including law enforcement and physicians, to provide their names when reporting. ; LE725.8. Describe how to document abuse, neglect, and exploitation of an elderly person or disabled adult Chapter 7 Crimes Against Persons / 301  Unit 2: Crimes Against Persons 7 Lesson 6: Interference With Custody, Luring or Enticing of a Child, False Imprisonment, and Kidnapping Lesson Goal At the end of this lesson, you will know how to respond to an incident involving a child custody dispute, interference with custody, luring or enticing of a child, false imprisonment, and kidnapping while using multiagency resources as appropriate. Think About This Susan and Dan are divorced. A custody order indicates that each parent has the children on alternating weeks. The order includes that the exchange time is Sunday evening. You were sitting in the parking lot of a local restaurant completing some paperwork when you saw Susan park alongside another car with her children in the back seat. Dan got out of the other car, and they began to argue. After a lengthy argument, Susan got back into her car and drove away with the children in the back. Dan saw you across the parking lot, walked over to your patrol car, and told you that his ex-wife just interfered with a custody agreement. How should you respond to Dan? Interference With Custody Chapter 787, F.S., outlines the elements of interference with custody, luring or enticing of a child, false imprisonment, and kidnapping. To establish probable cause for interference with custody, document that the suspect knowingly or reck- lessly took or enticed, or aided, abetted, hired, or otherwise procured someone else to take or entice, a minor or incompetent person from the custody of the parent, guardian, public agency, or any other lawful custodian, or is the parent, whether natural or adoptive, stepparent, legal guardian, or relative who has custody and who took a minor or incompetent person with malicious intent to deprive the other person of their right to custody. The parent or guardian must have knowledge of the court order regarding custody or receive notice of the pending proceeding to meet the elements of interference with custody. The law does not apply to a parent fleeing with a child and who is the victim of domestic violence, believes that they are about to become a victim of domestic violence, or believes that their action was necessary to preserve the child from danger. It is unlawful for any person, in violation of a court order, to lead, take, en- tice, or remove a minor beyond the limits of the state, or to conceal the location of a minor, with personal knowledge of the order. Follow your agency policies and procedures regarding interference with custody incidents. Document these incidents even when you do not make an arrest. If a child is later reported missing, there will be re- cords of interference with custody incidents that may be able to provide investigative information. ; LE726.1. Determine if an incident is interference with custody 302 / Florida Basic Recruit Training Program (LE): Volume 1 You may encounter a child custody situation in which parents have separate, conflicting court orders issued from different states. The Florida order will not necessarily be the proper and enforceable one. Recall that you may not enforce a court order issued by another state or jurisdiction unless the court domesticates— or follows a process to recognize and adopt—an out-of-state or county court order through a petition pro- cess. These cases involve application of the Uniform Child Custody Jurisdiction and Enforcement Act and can be legally complex. Do not attempt to determine which order is enforceable; contact your supervisor to determine how to proceed. ; LE726.2. Describe how to respond to conflicting child custody orders from different states Luring or Enticing a Child The difference between interference with custody and luring or enticing a child is that interference with custody does not involve the intention to commit other crimes, while luring or enticing requires the suspect to have the unlawful intention to commit other crimes, such as sexual battery. For luring or enticing a child, document that the suspect: is 18 or older intentionally lured or enticed, or attempted to lure or entice, a child younger than 12 into a struc- ture, dwelling, or conveyance for other than a lawful purpose ; LE726.3. Determine if an incident is luring or enticing a child False Imprisonment False imprisonment is often associated with domestic violence. For false imprisonment, document that the suspect forcibly by threat or secretly confined, abducted, imprisoned, or restrained the victim against their will without lawful authority. Confining a child younger than 13 against their will and without the consent of their parent or legal guard- ian is also false imprisonment. ; LE726.4. Determine if an incident is false imprisonment Kidnapping The difference between false imprisonment and kidnapping is that kidnapping includes the intent to com- mit other felonies. False imprisonment does not require an intention to commit any crime other than the confinement, abduction, restraint, or imprisonment. Kidnapping can also involve moving the victim. For kidnapping, document that the suspect forcibly by threat or secretly confined, abducted, imprisoned, or restrained the victim against their will without lawful authority, and acted with intent to do at least one of the following: hold the victim for ransom or reward, or as a shield or hostage commit or help with the commission of a felony Chapter 7 Crimes Against Persons / 303  inflict bodily harm upon or terrorize the victim or another person interfere with the performance of any government or political function For an incident to be kidnapping, the confinement, abduction, or imprisonment must not be slight, incon- sequential, or merely incidental to the other crime (see below) committed. Kidnapping is often associated with armed robbery and sexual battery crimes. Kidnapping is both a state and federal violation. Kidnapping a child younger than 13 is a life felony when committed with any of the following crimes: aggravated child abuse sexual battery lewd or lascivious battery, molestation, conduct, or exhibition child prostitution exploitation of a child human trafficking ; LE726.5. Determine if an incident is kidnapping Initial Response If you determine an incident is interference with custody, luring or enticing of a child, false imprisonment, or kidnapping and there is a significant threat to the victim’s well-being, follow state and agency guidelines. Notify your supervisor and command staff immediately. Contact dispatch and issue a BOLO. If the approxi- mate location of the suspect or victim is known, request assistance and specialty support, such as: canine, air, and additional specialized support units the fire department, FBI, and FDLE an AMBER Alert, if applicable a Child Abduction Response Team (CART) Be aware of potential evidence and investigative leads when working these types of crimes. You can lose leads if evidence is not appropriately gathered and preserved early on in the investigative process. ; LE726.6. Describe how to respond to interference with custody, luring or enticing of a child, false imprisonment, or kidnapping 304 / Florida Basic Recruit Training Program (LE): Volume 1 7 Unit 2: Crimes Against Persons Lesson 7: Missing or Missing Endangered Persons Lesson Goal At the end of this lesson, you will know how to respond to an incident involving a missing or miss- ing endangered person and when to begin the process for activating an AMBER Alert, Silver Alert, Purple Alert, or Blue Alert. Think About This You respond to a call involving a mother, Jennifer, who frantically tells you that her 6-year old daughter, Amanda, never came home from school. She tells you that she phoned the school and they told her that her daughter got on the bus. Jennifer states that Amanda should have been home two hours ago. The babysitter just called her to tell her that Amanda never made it home, so she rushed home from work to call the police. Jennifer tells you that Amanda is 3’4” tall and weighs 75 pounds. She has green eyes and long black hair in a ponytail. When she left for school this morning, she was wearing a white sweater and black pants, with black tennis shoes, and a green jacket. She was also carrying a purple backpack. How will you respond to this call? Definitions A missing child is a person younger than 18 whose temporary or permanent residence is in Florida, whose location is not known, and who is reported missing to a law enforcement agency. A missing adult is a person 18 or older whose temporary or permanent residence is in Florida, whose loca- tion is not known, and who is reported missing to a law enforcement agency. An endangered person is any one of the following: a missing child, younger than 18 a missing adult, younger than 26 a missing adult, older than 26 years and believed to be in danger or the victim of criminal activity a missing adult, 18 or older who meets the criteria for a Silver Alert or a Purple Alert depending on agency policies, persons with diminished, developmental, or intellectual capacity, regardless of age Chapter 7 Crimes Against Persons / 305 Missing Child Alert A Missing Child Alert must meet four criteria: 1. The child must be younger than 18. 2. The law enforcement agency’s preliminary investigation must conclude that the child is in danger of serious bodily injury or death. 3. Descriptive information or a photograph of the child must be available. 4. The agency of jurisdiction must approve the issuance of the Missing Child Alert. ; LE727.1. Describe a Missing Child Alert AMBER Alert A missing child alert may evolve into an AMBER alert. FDLE, along with state, local, and private partners, operates the statewide Florida AMBER Alert. The plan’s purpose is to broadcast to the public critical infor- mation about an abducted child as quickly as possible via radio, television, road signs, text messages and alerts, and the internet. An AMBER Alert must meet five conditions: 1. The child must be younger than 18. 2. There must be a clear indication of abduction. 3. The local law enforcement agency of jurisdiction must recommend the activation. 4. A detailed description of the child, the abductor, or the vehicle to broadcast to the public (use a photo when available) must be available. 5. The law enforcement agency’s investigation must conclude that the child’s life is in danger. Follow your agency policies and procedures regarding initiating an AMBER Alert. ; LE727.2. Describe an AMBER Alert Silver Alert The statewide Silver Alert aids local law enforcement in the rescue or recovery of a missing adult who suf- fers from dementia, Alzheimer’s disease, or other mental disability. Under the plan, the local investigating agency activates the Silver Alert and notifies the media, issues neighborhood telephone alerts, and uses other technologies to communicate with people who live in the community. ; LE727.3. Describe a Silver Alert If the missing adult uses a vehicle during the incident, law enforcement can activate the statewide dynam- ic messaging system, and other advisory methods through the Missing Endangered Persons Information Clearinghouse (MEPIC), which coordinates with the Florida Department of Transportation (FDOT) and the 306 / Florida Basic Recruit Training Program (LE): Volume 1 Florida Highway Patrol (FHP) to broadcast vehicle information about the missing person to motorists and the public. To qualify for a Florida Silver Alert, the subject must be 60 or older, or a person age 18 to 59 who lacks the capacity to consent, and the person must have an irreversible deterioration of intellectual faculties that has been verified by law enforcement. The incident also must meet these criteria for FDLE/FDOT/FHP to activate dynamic message signs: 1. Local law enforcement has already activated a local or regional alert by contacting a media outlet in their own and surrounding jurisdictions. 2. Local law enforcement’s investigation must conclude that the disappearance poses a credible threat to the person’s welfare and safety. 3. There must be a description of the vehicle, and a license plate number to display. 4. Local law enforcement must verify the vehicle and license plate information. 5. A local law enforcement agency must have entered the missing person into FCIC and issued a statewide BOLO to other law enforcement and 911 centers. The Florida Department of Elder Affairs is another resource for local law enforcement to aid in the rescue or recovery of cognitively impaired missing persons. It can provide an email alert notification through the Aging Services Network; this includes area agencies on aging, community-care lead agencies, providers, and volunteers. Purple Alert The statewide Purple Alert aids local law enforcement in the rescue or recovery of a missing adult who has one or a combination of the following: a mental or cognitive disability that is not Alzheimer’s disease or a dementia-related disorder an intellectual disability or developmental disability another physical, mental, or emotional disability that is not related to substance abuse Local law enforcement may broadcast an alert if the missing adult’s disappearance indicates a credible threat of immediate danger or serious bodily harm to themselves and they cannot be returned to safety without law enforcement intervention. The missing adult must not meet the criteria for activation of a Silver Alert. Law enforcement must notify the media in the jurisdiction where the missing adult is believed to or may be located and may broadcast the alert on lottery terminals. Your agency may also open a case with MEPIC and, if a vehicle is involved, coordinate with FDOT and DHSMV to activate dynamic messaging signs. Chapter 7 Crimes Against Persons / 307 Blue Alert The Florida Blue Alert uses technologies employed by the AMBER Alert to notify the public of critical infor- mation when a law enforcement officer has suffered serious bodily injury, is killed, or is missing while in the line of duty and the suspect poses a serious threat to the public. In some of these cases, more information is available for broadcast, such as a detailed description of the suspect’s vehicle or other means of escape, or the license plate of the suspect’s vehicle. ; LE727.4. Describe the role of the Blue Alert Under the Blue Alert Plan, FDLE, DHSMV, FHP, and FDOT immediately broadcast important information about the suspect when this information would help prevent further harm or help apprehend the suspect. Law enforcement issues a Blue Alert to the public through Emergency Alert System broadcasts on televi- sion, radio, and dynamic message signs located along highways. Respond to a Missing Person Incident As soon as you determine that the person is missing, contact your supervisor. MEPIC provides specific guidelines for conducting a missing persons investigation. The initial search should include buildings and areas where someone last saw the missing person. Make sure the person is not inside the residence, especially when searching for children, who may hide in closets and small crawl spaces. Evaluate the contents and appearance of the missing person’s room, home, car, and other personal spaces to learn if items are missing. Hairbrushes, drinking glasses, toys, and other items are sources of fingerprints, DNA, and scent. Look for diaries, computers, cell phones, game systems, and other electronic devices, which may contain evidence and useful information. If the missing person is not in the building, conduct a neighborhood canvass. Consider how far the miss- ing person could travel based on their physical condition and where they were seen last. Secure the area where someone last saw the person, and control entry and exit points if the situation seems to be a crimi- nal abduction or if you suspect foul play. Children with autism, especially those who are severely affected, might wander or escape from a safe envi- ronment and seek bodies of water in nature (streams, ponds, lakes) or swimming pools. Should you find the missing person alive, make sure they receive necessary medical attention and contact the assigned investigator. ; LE727.5. Describe how to assist with the investigation of a missing or missing endangered person Additional Resources The National Center for Missing and Exploited Children (NCMEC) works with law enforcement, families, and professionals on issues related to missing and sexually exploited children. NCMEC has a missing children hotline that serves as the national clearinghouse for information related to these issues. A Child Is Missing, Inc., offers free assistance to law enforcement to help recover missing persons, including children, teens, and the elderly. After providing this organization with the missing person’s information, a recorded message will be developed and sent to homes and businesses within the requested radius. Your 308 / Florida Basic Recruit Training Program (LE): Volume 1 agency may use this assistance during an AMBER or Silver Alert to supplement strategies for locating a missing person. A Child Abduction Response Team (CART) is a multiagency team that assists law enforcement to provide an organized and planned response to an abducted, missing, or endangered child. Rapid response is critical to the safe rescue of a child. Call one of FDLE’s Regional Operation Centers to obtain CART assistance. ; LE727.6. Describe additional resources for missing persons incidents Chapter 7 Crimes Against Persons / 309 7 Unit 2: Crimes Against Persons Lesson 8: Sexual Offenses Lesson Goal At the end of this lesson, you will know how to respond to incidents involving a sexual offense against a child, an adult, or an elderly person or disabled adult using a trauma-informed response. Sexual Battery Sexual battery is one of the most underreported crimes because the victim may be embarrassed or may actually have a continuing relationship with the suspect. A victim may feel that law enforcement cannot ap- prehend the suspect or the victim may be afraid the suspect will take revenge. Sexual battery victims also fear further victimization and fear that they will not be believed during the investigation and in subsequent courtroom proceedings. Sexual battery is non-consensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, it does not include an act done for a medical purpose. Consent does not include coerced submission and does not mean the vic- tim failed to offer physical resistance. The law recognizes certain categories of people who are incapable of giving consent. These include the following incapacities defined in the Florida Statutes: mentally defective, which means a mental disease or disorder that renders a person temporarily or permanently incapable of judging their conduct mentally incapacitated, which means a person temporarily incapable of judging or controlling their own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance ad- ministered without their consent or due to any other act committed upon them without their consent physically helpless, which means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act physically incapacitated, which means bodily impaired or handicapped and substantially limited in ability to resist or flee ; LE728.1. Determine if an incident is sexual battery, including the victim’s ability to provide consent The crime of sexual battery of a child is a felony with varying criminal degrees, depending on the following factors: age and mental and physical capacity of the victim type of force used threat, or use, of a deadly weapon 310 / Florida Basic Recruit Training Program (LE): Volume 1  relationship of the child to the suspect type of injuries received ; LE728.2. Determine if an incident is sexual battery of a child Initial Response to Sexual Battery Sexual battery victims experience a significant amount of trauma. Remember to follow a trauma-informed approach when responding to a sexual assault. Listen and make observations to put the victim at ease and pave the way for an investigator. The Sexual Battery Victims’ Access to Services Act provides victims of sexual battery access to medical in- tervention, advocacy, crisis-intervention, and recovery services. Chapter 794, F.S., requires you to provide or arrange for transportation of victims of sexual battery to an appropriate medical facility or rape crisis center. The victim’s body and clothes contain valuable evidence. Gaining that evidence is a priority for the inves- tigation. Discourage the victim from using the restroom, from showering, washing their hands or face, or discarding any clothing or feminine hygiene products. Inform the victim why it is important to collect and maintain evidence, even if they are uncertain if they want to participate in the prosecution process at the time of the initial investigation. Follow your agency policies and procedures when arranging for a sexual battery exam and collecting the victim’s clothing. Only medical personnel can perform medical intervention, in the form of an exam, using a sexual offense evidence kit or rape kit. ; LE728.3. Describe how to respond to a victim of sexual battery Once you arrange for medical intervention, contact a victim advocate following agency policies and proce- dures. Coordinate with the advocate to attend to the victim’s emotional needs and to encourage the victim to cooperate with the process. The advocate should be able to accompany the victim to a medical facility or rape crisis center. ; LE728.4. Describe how to collaborate with a victim advocate when responding to a sexual battery Reporting Requirements Documenting sexual battery includes a forensic report, a medical report, and a criminal report. Agencies must submit a sexual offense evidence kit or other DNA evidence for forensic testing to the statewide criminal analysis laboratory system within 30 days of receiving it. Qualified medical personnel should provide the victim’s medical report to law enforcement when com- plete. Include this medical report in your final report. You are responsible for the initial criminal report. When writing your initial and final reports, include a chronological description of what occurred and any actions you took to help the victim and gather evidence. Document the victim’s appearance, condition (for example, bruises, scratches, and defense wounds), and emotional state. ; LE728.5. Describe how to document sexual battery Chapter 7 Crimes Against Persons / 311 Respond to Lewd and Lascivious Offenses Lewd and lascivious conduct is any sexual act considered to be highly offensive and contrary to common standards of behavior. The Florida Statutes provide the following definitions related to these offenses. Sexual activity means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activ- ity does not include an act done for bona fide medical purposes. Consent means actively agreeing to do something or giving permission for something to hap- pen; it is intelligent, knowing, and voluntary consent, and does not include submission by coer- cion. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Coercion means the use of exploitation, bribes, threats of force, or intimidation to gain coopera- tion or compliance. Lewd and lascivious offenses may include battery, molestation, conduct, or exhibition. The level and clas- sification of the offense varies depending on the age of the victim. Another consideration is whether the victim is a vulnerable adult. ; LE728.6. Describe how to respond to a lewd and lascivious offense Respond to Unlawful Sexual Activity With Certain Minors Incident Chapter 794, F.S., addresses sex offenses involving a person 24 or older who engages in sexual activity with a minor of 16 or 17. Notify your supervisor regarding the type of crime and complexity of the case, and request additional assistance and a victim advocate. ; LE728.7. Describe how to respond to unlawful sexual activity with certain minors Sexual Offenses Involving Children The Department of Justice classifies child pornography as a form of child exploitation that can be pros- ecuted on the federal level. The Florida Statutes define child pornography as any image depicting a minor engaging in sexual conduct and may include children posing in a lewd and lascivious manner or performing a sexual act. It is illegal to produce, possess, or distribute child pornography. If you respond to a call involving child pornography on a computer or an electronic device, under no cir- cumstance should you touch the device or attempt to find more images on it. Recovery of electronic data involves complex and highly specialized expertise, and you may inadvertently eliminate or spoil evidence by trying to do it yourself. Many predators and pedophiles use chatting and email to coordinate traveling to meet child victims. They may also use computers to solicit sexual performances by children. A sexual performance can include a play, motion picture, photograph, dance, or any other visual representation exhibited before an audience. 312 / Florida Basic Recruit Training Program (LE): Volume 1 Be aware that many sexual offenders and predators on probation or parole cannot have any pornography in their possession and may be court ordered not to have a computer at all. Do not allow the suspect, if present, to touch the computer or any electronic device. Contact your supervisor and ask for help. ; LE728.8. Identify sexual offenses involving children Sexual Offenses Committed by Juveniles Juvenile sexual abuse is any sexual behavior a minor engages in that occurs without the consent of the other person, without the other person’s being in a position of equality with the minor, or because of co- ercion. Juvenile sexual offender behavior ranges from noncontact sexual behavior to varying degrees of direct sexual contact. Noncontact behavior can include making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs. If you determine that an image was possessed by a minor or sent from a minor to other minors, this is sexting. Sexting occurs as a crime when a minor uses a computer or other electronic device, such as a cell phone, to transmit or distribute a nude photograph or video to another minor. Sexting is a crime even if both minors consent to the act. Except as required by agency policies and procedures and restrictions on juvenile interviewing, your inves- tigation will not be different from investigating an adult. If you have reasonable cause to suspect that a child is the victim of a known or suspected juvenile sexual offender, contact the DCF Abuse Hotline. Follow your agency policies and procedures for the best approach to responding to these types of sexual offense incidents. ; LE728.9. Differentiate between investigating an incident involving a juvenile sex offender and an adult sex offender Chapter 7 Crimes Against Persons / 313 7 Unit 2: Crimes Against Persons Lesson 9: Human Trafficking Lesson Goal At the end of this lesson, you will know how to respond to an incident involving human trafficking by recognizing labor and sex trafficking, child victims, and the importance of taking a victim-centered approach. Think About This You pulled over a car for an expired license plate. After approaching the car, you noticed that the driver and the female passenger appeared nervous. They provided inconsistent stories on how they knew one another. The driver told you he was driving the woman home. You questioned the woman, and she eventually told you she recently met the driver at church where he suggested she sell her body for sex. She also said the man would drive her places to have sex with people. She said she charged them $50 to $90 for sex and received 15% to 20% of the proceeds. The driver consented to a search of his car. You found a cell phone containing a nude picture of the woman, which she said she had sent to the man by mistake. How should you respond to this incident? Human trafficking is a form of modern-day slavery that involves holding people, including minors, in forced service for commercial sex trade or otherwise legitimate labor. It involves long-term, ongoing captivity, exploitation, and control of victims. Human Trafficking Laws Chapter 787, F.S., defines human trafficking as transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. Two threshold questions will help determine if a person is a victim of human trafficking: Did the suspect recruit, transport, or hold the victim in the service of another for labor or com- mercial sex acts? Did the suspect get or keep the victim’s service through force, threats, psychological manipula- tion, or confiscation of legal documents? Victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. Force here means physical violence that may include beatings, sexual battery, shootings, or physical confinement. Fraud includes false or deceptive offers of employment, marriage, or a better life. 314 / Florida Basic Recruit Training Program (LE): Volume 1 Coercion includes: using or threatening to use physical force against any person (typically family members of the trafficking victim) restraining, isolating, or confining using lending or other credit methods as debt bondage destroying, concealing, removing, confiscating, withholding, or possessing immigrant or identifi- cation documents causing financial harm, including high extension of credit, loan sharking, or fraudulent employ- ment contracts enticing or luring by fraud or deceit giving a person a controlled substance so they can be exploited using threats of deportation or other federal or state legal proceedings against the victim Neither federal nor state human trafficking laws require an element of force, fraud, or coercion to deter- mine sex trafficking of children younger than 18 or an adult believed by the person to be a child younger than 18. ; LE729.1. Determine if an incident is human trafficking Recognize Human Trafficking As a patrol officer, you may encounter human trafficking masked as another crime or incident, such as drug possession, sexual assault, prostitution, or shoplifting. While one factor alone is not enough to indicate trafficking, it may be enough to suggest further investigation. You are in a key position to identify potential victims during traffic stops or on routine calls for service, such as: domestic violence, child abuse, and inci- dents of truant or runaway children. Living and working conditions for human trafficking victims can be unusual. Victims may live on or near work premises, reside in overcrowded living spaces, are restricted or have controlled communications, or are forced by traffickers to move frequently. Victims often lack individual transportation. They do not have identification (a birth certificate, visa, or passport), because traffickers take them as a form of control. Of- ten a third party, or one person, will insist on interpreting for an entire group or an individual. ; LE729.2. Recognize the indicators of labor trafficking and sex trafficking Respond to a Human Trafficking Incident As a new officer, you are most likely going to report suspected human trafficking incidents to a special unit for further investigation; however, as the initial law enforcement contact, you can help establish rapport with the victim and gather preliminary information. Chapter 7 Crimes Against Persons / 315 It is critical that you recognize that the person is a victim of a crime, not a suspect, and that the success of any investigation relies on the victim’s cooperation. Their testimony will be crucial to prove the existence of force, fraud, or coercion, unless they are a minor. Ask basic identifying information. If the people present are not willing to provide this, move to more in- volved questions to determine relationships between the parties. Based on the answers to these ques- tions, and if you suspect that something seems wrong, encourage the potential victim to trust you enough to disclose information needed to detain the potential trafficker. Try to convey a sense of safety, bringing the victim away from the location where you encountered them. Victims may be reluctant to speak to a law enforcement officer. Follow the approach for trauma-informed interviewing. ; LE729.3. Describe how to respond to human trafficking using a victim-centered approach 316 / Florida Basic Recruit Training Program (LE): Volume 1 7 Unit 2: Crimes Against Persons Lesson 10: Respond to a Death Lesson Goal At the end of this lesson, you will know how to respond to an incident involving a death, by under- standing the manner and cause of death, the role of the medical examiner, and the variety of emo- tions on the scene. Think About This You are dispatched to a death of a 78-year-old man. Upon arrival, you are told that the man never woke up this morning. When the family went into his bedroom to check on him, he was stiff and cold to the touch. The family told you that he has had minor heart problems in the past; however, has not been to a doctor in several years. They contacted his doctor, who refused to sign the death certificate. There appears to be noth- ing suspicious or out of place at the scene. How do you respond to this incident? All law enforcement officers will respond to the scene of a death at some point in their careers. When you are the primary responding officer, always consider officer safety first, provide first aid as necessary, and then preserve the scene for further investigation. Manner and Cause of Death The cause of death may not be immediately apparent, as some injuries, such as gunshot or knife wounds, may not cause a great deal of external blood loss. The cause of death is the specific injury or disease that leads to death. While observing the body, look for obvious or abnormal signs of trauma, such as the pres- ence of blood, cuts, gashes, or bruising. Look for an obvious fatal injury, such as a bullet hole in the head or chest. Notify your supervisor or investigator of any signs of trauma, obvious fatal injury, or abnormality to the body. A body that is cold to the touch may indicate that the person is dead and will not respond to resuscitation. The eyelids may remain open if they were open at the time of death. The manner of death is the determination of how the injury or disease leads to death. The five manners of death are: natural, accident, suicide, homicide, and undetermined. Homicide is the act of one human taking the life of another. Chapter 782, F.S., has subsections that iden- tify types of homicide, including murder, justifiable homicide, vehicular homicide, manslaughter, and DUI manslaughter. After death, a body goes through a process of changes that include: rigor mortis—the stiffening of body muscles after death lividity—the color change from settling of blood due to gravity, often black and blue algor mortis—the postmortem cooling of the body Chapter 7 Crimes Against Persons / 317 Evidence of changes is most valuable if assessed as soon after death as possible. These indicators change over time. Body physique, individual variation, and environmental conditions can cause postmortem changes. You may use rigor mortis and lividity to help determine the position of the body at death. It may also indicate whether someone moved the body after death. ; LE7210.1. Identify indicators of the manner and cause of death Notify the Medical Examiner (ME) When any person dies in Florida by criminal violence, accident, suicide, suddenly (when the person has a history of good health), or through any suspicious or unusual circumstance, the Florida Statutes require law enforcement to notify the ME as soon as reasonably possible. As authorized by the ME, coordinate the release and transport of the body to the local morgue, a mortuary, or a crematorium. DO NOT disturb the body until authorized by the ME. The officer and the ME cannot determine the cause and manner of death independently. The ME, in con- junction with law enforcement’s investigation, makes the final determination on the cause and manner of death only after completing their investigation, which can take weeks. ; LE7210.2. Describe the role of the Medical Examiner’s Office If the death is by apparent natural causes or was expected, as the patient was in hospice care or had a terminal disease and was seeking treatment, notify the deceased person’s physician of the death. You may find prescription bottles at the scene; examine the bottles for the doctor’s name. With this information, contact the doctor for notification of the death. The physician may sign the death certificate. If you cannot locate the physician or the physician refuses to sign the death certificate, contact the ME’s office. ; LE7210.3. Determine when to notify