Las Vegas Metropolitan Police Department Criminal Case Management PDF

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 6.100, Criminal Case Management 6 - Investigative Policies 1 - Criminal Investigations 1/2016, 3/2022 6.100 CRIMINAL CASE MANAGEMENT 6.100.1 6.100.2 6.100.3 6.100.4 6.100.5 6.100.6 6.100.7 Purpose a...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT POLICY AND PROCEDURE Policy: Volume: Chapter: Revised: 6.100, Criminal Case Management 6 - Investigative Policies 1 - Criminal Investigations 1/2016, 3/2022 6.100 CRIMINAL CASE MANAGEMENT 6.100.1 6.100.2 6.100.3 6.100.4 6.100.5 6.100.6 6.100.7 Purpose and Scope Case Screening and Assignment Case Investigation Investigative Oversight Case Designations Case Files Forensic Hit Investigations 6.100.1 Purpose and Scope It is the policy of this department to prioritize investigative efforts to properly identify, apprehend, prosecute, and convict an offender who has recently committed an offense. Crime, criminal investigations, clearance rates, and the ultimate adjudication of criminal complaints are critical concerns for LVMPD and the community. Through solving crime, the department promotes accountability, a greater level of customer service, and builds trust within the community. Once a criminal case has been assigned, the primary detective is responsible for the follow-up investigation through adjudication. The investigation should be objective, timely, and thorough. Prompt and effective actions taken by detectives in the first 48 hours of an investigation increase the probability of a clearance. The investigative plan should demonstrate a sense of urgency. A criminal case (and the investigative actions taken by detectives) will be accurately and comprehensively documented. 6.100.2 Case Screening and Assignment Investigative units will use PremierOne (P1) for management of their cases. Exceptions to this must be approved through the chain of command to the deputy chief. All criminal cases will be screened by the investigative sergeant. The sergeant will review the cases and determine which are assigned to a detective and which are closed due to lack of leads at the present time. Case screening and assignment will not be relegated to a designee of lesser rank (i.e., investigative specialists, Law Enforcement Support Technicians, etc.). Investigative sergeant will: FLEX squad units will not be assigned cases in P1 and will coordinate with the assigned investigative unit so that all work completed is properly updated in the case notes in P1. TRANSFERRING OF CASES 1. Detectives transferring out of their section or retiring will ensure that all cases in their P1 assigned queue are either properly closed out or transferred to another detective prior to them leaving. The investigative sergeant will verify that this is completed and that all cases transferred have thorough case notes. LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 2. Detectives receiving cases in P1 that have other criminal elements where the case needs to be transferred to another investigative unit will ensure the case is routed to the appropriate unit in P1 and the evidence management system. The investigative sergeant will verify all cases transferred have thorough case notes, including the reason for the case transfer. 3. The transfer of all cases from one unit to another will be completed by the investigative sergeant. 4. Any disputes that arise from a case being transferred will be handled by the section lieutenants. 6.100.3 Case Investigation The following checklist is meant to provide a comprehensive listing of tasks and steps to be taken in a criminal investigation. Not every action listed is applicable to every crime. It is the detective’s responsibility to confirm thorough follow-up is conducted. Upon initial response or receipt of a case, the investigator or detective will, when applicable: 1. If not previously contacted, contact the victim, witnesses, and suspects to conduct additional interviews. Attempts to contact the victim, witnesses, and suspects will be well documented in case notes. (See LVMPD 6.140, Audio and Video Recordings and LVMPD 6.130, Use of Interrogation Rooms.) a. Witness (and victim) interviews should be documented and conducted as soon as practical. b. In case notes, attempted actions for contacting witnesses should be clear and well documented by providing date, time, how, and what occurred (i.e., “On <day/month/year and time>, I telephoned witness at <telephone number> and conducted an interview and learned the following…”). c. Additional efforts should be made to gain cooperation from reluctant witnesses or victims. 2. Ensure the collection and analysis of forensic evidence has been completed. a. Prioritize forensic requests, communicate with the Forensics Laboratory (coordinate National Integrated Ballistic Information Network [NIBIN], DNA, and fingerprint analysis) in a timely manner. b. Utilize eTrace on recovered firearms. 3. Review and analyze all previous reports prepared in the preliminary phase, other departmental records, and results from laboratory examinations. These reports can be found in OnBase. 4. Review calls and radio traffic from Communications. 5. Identify patterns (e.g., gang or drug related, and determine motives for the crime). a. Utilize Crime Analyst Group (CAG), Central Intelligence Unit (CIU), and Area Command Intelligence Officers (ACIOs) to provide qualitative, analytic, and mapping information. 6. Consider using additional resources such as FLEX and Major Violator/Narcotics Crimes Bureau. a. Additional surveillance (e.g., by primary detective, Technical and Surveillance Squad [TASS], or FLEX). Page 2 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 b. Coordinate further directed patrol activities (e.g., to develop new sources of information, to identify suspects through proactive enforcement, to conduct field interviews, or to obtain consensual buccal swabs). 7. Rapidly disseminate critical information to area command officers and other areas of the department (e.g., patrol briefing, CIU Notification/Information Collection reports). a. Seek additional information from officers. 8. Utilize the Digital Forensics Lab (DFL) for digital evidence and TASS for cellphone tower dumps. 9. Request administrative and grand jury subpoenas for information or evidence (e.g., preservation letters). 10. Utilize the department’s victim advocates or volunteers from the Trauma Intervention Program (TIP). (See LVMPD 6.500, Victim/Witness Assistance.) 11. Plan, organize, and conduct searches and canvasses. a. See Further Direction on Canvasses. b. Search for video surveillance systems in the area. c. Conduct “knock-and-talks.” 12. Utilize facial recognition, license plate reader, and ShotSpotter databases. (See LVMPD 6.560, Automated License Plate Reader (ALPR) and LVMPD 3.310, ShotSpotter Response Technology.) 13. Seek additional tips from informants or other sources of information (see LVMPD 6.505, Crime Stopper Detail and Anonymous Sources). 14. Utilize the Public Information Office to disseminate information to the public. a. Utilize other avenues to disseminate information (e.g., Critical Reach, Rocky Mountain Information Network [RMIN], or social media platforms). b. Utilize a tip line and review InfoComms. 15. Identify, interview, or apprehend a suspect. a. Suspect interviews should be conducted in a timely manner. (Interviews will be recorded using a digital audio and/or video recorder and impounded as evidence per LVMPD 7.310.) 1) Interviews will be transcribed for court, as needed, with the approval of the investigative lieutenant. b. Utilize a SCOPE notification on persons of interest. c. Check the suspect’s criminal history. d. Collect information on the suspect’s identity. Page 3 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 e. Determine involvement of the suspect in other crimes. f. Obtain and serve an arrest warrant or make probable cause arrest. 16. Utilize department databases (e.g., Gang query or LeadsOnline searches). 17. Review and actively monitor social media or social networking sites. 18. Obtain search warrants for digital evidence (e.g., geofencing, Google, social media, etc.). 19. Obtain and serve search warrants (see LVMPD 5.100, Search and Seizure). 20. Consider a forensic sketch of the suspect. 21. Prepare cases for court presentation. (Although an arrest will clear an investigation, the ultimate goal is to successfully prosecute the suspect who is responsible for the crime.) a. Communicate with the District Attorney’s Office on felony crimes and any other crimes designated by a supervisor. b. Follow up on requests for further information from the district attorney. c. Continue to communicate with victims and witnesses of the case (e.g., check voicemails, return messages, send letter, etc.). 22. If all leads have been exhausted and sufficient probable cause to identify the suspect does not develop, determine whether the case is to be suspended pending further information or closed with the proper designation. 23. Ensure closed cases have been cleared correctly (e.g., closed by arrest or leads exhausted). a. Update suspect status in P1 (e.g., arrested, submittal, etc.). 24. Once the case is closed, or within 12 months of the date of final adjudication, disposition the evidence in the evidence management system per LVMPD 7.320, Disposition of Evidence and Property. FURTHER DIRECTION ON CANVASSES Page 4 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 It is statistically proven that a neighborhood canvass, and subsequent canvasses, will yield information that will contribute to the case’s development. Canvasses should be looked at in phases: 1. The first phase occurs during initial response and requires communication between patrol officers, supervisory personnel, and detectives. a. During the canvass, officers and detectives should inform citizens as required in the Tiered Response Incident Protocol (TRIP) in the Watch Commander’s Manual, seek information, and leave follow-up contact information such as red cards or business cards. A thorough canvass is meant to capture witness information. In addition, the initial canvass should seek out surveillance systems that cover the area and/or ingress and egress routes. 2. A second phase canvass should be made by detectives or COP officers at a later time (i.e., 1-3 days after the incident). These canvasses are not a simple “knock-and-talk” exercise but a discussion between a citizen and an investigator who has been significantly engaged in that particular community. The purpose is to garner additional information from a witness who may have been reluctant to speak with the police, particularly a uniformed officer, at the time of the incident. A second canvass should assess if surveillance systems could have covered areas of interest in the investigation. There can be multiple second phase canvasses. When orchestrating canvasses, investigators and supervisory patrol staff should activate Rebuilding Every City Around Peace (RECAP) (see LVMPD 4.196, Rebuilding Every City Around Peace) in response to violent crime where there is a probability of retaliation. Supervisors will consider coordinating subsequent RECAP community events in follow up to help build trust and solicit additional witness cooperation within a neighborhood. Canvasses will be well-documented in the case notes. CASE NOTES Detectives are responsible for documenting: 1. Early stages of the investigative response and preliminary actions taken. 2. The research and steps taken in the follow-up investigation. 3. The submittal and additional activities to help prosecute the offender. Case notes should relay the multifaceted approaches detectives are utilizing in trying to solve a crime. Case notes will be professionally written, accurate, organized, and detailed. Case notes are discoverable and must be confined to the facts of the case. It is not appropriate to include investigative opinions in case notes. Reporting should be comprehensive by listing the chronological steps and activities taken and providing the dates and times of the investigator’s actions. From the case notes, the reader should have an understanding that the investigation was thorough and conducted to a high standard. All cases will include the following case notes: 1. When victim, witness, or suspect is contacted. 2. When forensic requests are completed. 3. When photo lineups are completed. 4. When video or photos are picked up. Page 5 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 5. When evidence is impounded. 6. When contact is made with any possible witness or suspect and the addresses of those contacts. 7. Refusal of prosecution by victim or District Attorney’s (DA’s) Office. 8. Unit assigned if case is transferred to another section. 9. Search warrants, pen registers, Title III applications. 10. Any other investigative technique utilized in the appropriate investigative unit. 11. Final case note including date, time, and reason for closing or suspending. Prior to closing a case, detectives will ensure that the following are completed as applicable, and that the Case Closure Checklist (LVMPD 1040) is completed and uploaded in OnBase. 1. Investigative steps were followed as detailed above. 2. P1 supplemental report created and workflowed. 3. Case notes are up to date. 4. All case documents are uploaded into OnBase. 5. Search warrants returned and in OnBase. 6. Search Warrant Officer’s Report completed and in OnBase. 7. Investigative Officer’s Report in OnBase. 8. All evidence impounded (including audio, video, digital, and physical). 9. PropertyConnect/forensic requests submitted. 10. All NIBIN hits coordinated and updated. 11. All forensic requests accounted for or waiting for returns. 12. Arrest warrant submittal in OnBase. 13. All victim information is updated in P1. 14. All suspect/arrestee information is updated in P1. Page 6 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 Page 7 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 Page 8 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 6.100.5 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 Case Designations To comply with the federal Uniform Crime Reporting (UCR) Program and National Incident Based Reporting System (NIBRS) requirements, cases need to be updated with the most appropriate designation in P1. open closed – not assigned to a detective/closed by sergeant closed – by arrest/arrest warrant submittal closed – by arrest, patrol closed – by citation closed – by citation, patrol closed – civil matter closed – by exception closed – leads exhausted A case report that is currently active. This includes assigned and unassigned cases. A case report taken, closed within the disposition, and never assigned to a detective. A case that has been closed because the suspect has been arrested or an arrest warrant has been submitted for the suspect. A case report where probable cause was established, and the suspect was identified and booked at a detention facility by patrol. A case report where probable cause is established, a suspect identified, and a physical citation has been issued. A case report where probable cause was established, and the suspect was identified and issued a citation prior to release at the scene or at a detention facility by patrol. A case report where it was determined that no crime occurred due to the relationship and/or circumstances between parties which caused a civil disagreement. Defined by federal UCR/NIBRS guidelines and restricted to the following: 1. Death of offender 2. Prosecution declined (by the prosecutor for other than lack of probable cause) 3. In custody of other jurisdiction (includes extradition denied) 4. Victim refused to cooperate (in the prosecution) 5. Juvenile/No custody (the handling of a juvenile without taking them into custody, but rather by oral or written notice given to the legal guardian in a case involving a minor offense such as petit larceny). A case report that has been thoroughly investigated, and it has been determined that there are no longer any additional investigative Page 9 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management closed – insufficient evidence suspended unfounded Effective: 3/2022 techniques or directions that can be taken to identify a suspect and solve the case. A case report that has been thoroughly investigated, and it has been determined there is a lack of evidence to establish probable cause and file a criminal complaint against an identified suspect. A case report that is awaiting follow-up from any source and/or has the potential to be reopened due to additional evidence collection or processing, additional parties being identified, and/or additional leads to be investigated. A case report where it is determined or can be proven through evidence obtained or statements from corroborating witnesses that the crime reported did not occur. SUPPLEMENTAL REPORTS Supplemental reports will be completed when adding or updating information in a case report. The narrative must detail the changes made to the crime report, the date and time the changes were made, and the initials and P# of the department member completing the changes. The supplemental reports must then be workflowed to work-complete status. Supplemental reports are required under the following circumstances: 1. To document probable cause has been developed. 2. Adding or recovering lost/stolen property. 3. Updating or adding individuals to the crime report (e.g., changing suspect to arrestee when an arrest is made, adding suspect information when submitting an arrest warrant, etc.). 4. Updating offenses. 5. The investigation has revealed information that alters the disposition. Exemption – Incident Reports taken prior to the year 2011 (LRMS Reports) will be updated by opening the original -001 crime report and completing the changes. The LRMS supplemental reports do not get workflowed after update. 6.100.6 Case Files Case files for all open cases will be maintained by the respective investigative units. Case files can be either hard copies which are kept at the investigator’s desk or electronic copies in P1 or OnBase. At no time shall the case file contain any original documents or be withheld or retained by the investigative unit regardless of case status. Juvenile case files must be kept in a secured location separate from adult case files. Case files should include, if applicable, copies of printed incident reports from P1, voluntary statements, case monitoring forms, and evidentiary reports. All original documents, including all arrest documents (eTCR/DOAR, booking vouchers, arrest reports, citations) will be scanned into OnBase prior to copies being included in the case file. Once a case is assigned, access to the case file will be limited to the assigned investigator(s) and that investigative unit’s supervisory personnel. Once the investigation has been completed or the case is suspended or closed, case files will be forwarded to the unit’s respective scan personnel. Scan personnel will be responsible to scan only those documents which have not previously been scanned. Exception: Some cases that originate within specialized units (e.g., Narcotics, Intelligence, etc.) may be Page 10 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 maintained within that unit when suspended or closed. Case files may be impounded under limited circumstances as outlined in LVMPD 7.310, Impounding Evidence and Property. DELETING P1 CASE FOLDERS Reports started in P1 where the victim decides that they do not want to prosecute, or they change their mind, will not be deleted, and will be completed. Any report completed by a member of this department will not be deleted or destroyed. It will be officially submitted for investigative and statistical purposes. Any duplicate reports shall be routed to the Systems Administration Unit through the requesting section’s lieutenant to have the duplicate report deleted. SECURING P1 CASE FOLDERS On the occasion that a case needs to be secured because of its sensitive nature, involvement of department employees, or high-profile nature of the case, the detective must receive approval from the section lieutenant to secure the case folder. The section lieutenant will contact the Systems Administration Unit who will assist in securing the folders in P1 to designated employees only. When the case no longer needs to be secured in P1, the section lieutenant will contact the Systems Administration Unit to unsecure the case folder. The case shall be viewable by the chain of command. Status checks will be provided to the section lieutenant by the section sergeant every 30 days until the case is completed to determine whether it still needs to be locked out. SECURING ONBASE CASE FOLDERS The requesting section’s lieutenant will contact the manager of the OnBase Unit who will assist in securing the documents in OnBase to designated employees only. When the case no longer needs to be secured in OnBase, the section lieutenant will contact the manager of the OnBase Unit to unsecure the documents. The case shall be viewable by the chain of command. Status checks will be provided to the section lieutenant by the section sergeant every 30 days until the case is completed to determine whether it still needs to be locked out. 6.100.7 Forensic Hit Investigations The Forensic Laboratory is responsible for the forensic analysis of crime scene samples, buccal swabs, cartridge case(s), confiscated guns, and latent fingerprints for entry into databases specifically designed to provide potential leads, in the form of a “hit,” to investigators. DEFINITIONS Automated Fingerprint Identification System (AFIS) Buccal Swab Combined DNA Index System (CODIS) A database system that stores fingerprints and palm prints of arrestees and certain civilians. Latent prints recovered from crime scenes can be searched through AFIS databases in an attempt to identify subjects on the scene. Latent prints must meet “AFIS Quality” criteria in order to be searched through the databases. “Buccal” means “of or relating to the mouth” and refers to the cheek cells that are collected on a swab or a databank collection device for DNA analysis. Buccal swabs are collected from a subject for either A) Entry into CODIS if the sample is from a felony arrestee or a convicted offender (these samples are collected at jails, prisons, or by Parole and Probation without a chain of custody) or B) for direct comparison in a criminal case (these samples are collected with a chain of custody and are booked at the Evidence Vault). A database system administered by the FBI. CODIS links DNA evidence obtained from crime scenes, identifying serial criminals. CODIS also Page 11 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Hit Disposition Form National Integrated Ballistic Information Network (NIBIN) Effective: 3/2022 compares crime scene evidence to DNA profiles from felony arrestees and convicted offenders. Crime scene DNA profiles must meet CODIS eligibility criteria in order to be searched in the database. In addition, CODIS contains profiles from missing persons, unidentified human remains and relatives of missing persons. There are three levels of CODIS: The Local DNA Index System (LDIS), used by individual laboratories; the State DNA Index System (SDIS), used at the state level to serve as a DNA database containing DNA profiles from LDIS laboratories; and the National DNA Index System (NDIS), managed by the FBI as the DNA database containing all DNA profiles uploaded by participating states. Completed by investigators within 60 days of receipt of a CODIS hit to inform the Forensic Laboratory regarding the disposition of the hit (e.g., status of the investigation, not a viable lead). A database system designed to allow images of cartridge cases to be entered and searched against the stored images of cartridge cases from crime scenes and confiscated firearms. INVESTIGATING A FORENSIC LAB HIT When AFIS, CODIS, or NIBIN laboratory examinations are completed, the Forensic Laboratory will: 1. Email the Report of Examination/CODIS Hit Notification (Laboratory Report) to the investigative recipients (inclusive of the investigators, the administrative lieutenants, and the general email inbox for the investigative area of assignment.) NIBIN hits will also be forwarded to CGIC. 2. Forward laboratory reports to the Intelligence Liaison in the Crime Scene Investigations (CSI) Section who tracks multiple database hits. When a single individual is linked to three or more different crime scenes by forensic database hits, the CSI Intelligence Liaison will notify the Major Violators Section and the investigative units assigned to the investigations of the multiple hits. Upon receipt of a laboratory report, investigative recipients (inclusive of the investigators, the administrative lieutenants, and the general email inbox for the investigative area of assignment) will complete the following actions: Page 12 of 13 LAS VEGAS METROPOLITAN POLICE DEPARTMENT 6.100 POLICY AND PROCEDURE Criminal Case Management Effective: 3/2022 3. Investigative detective will: a. Update their case notes in P1 and inform their immediate supervisor of the planned course of action (arrest/submittal, buccal swab, interview, etc.). b. Return the Hit Disposition form within 60 days for CODIS hits. A 30-day extension can be granted with approval from the section lieutenant. Any future extensions will need approval from the bureau commander. The Forensic Laboratory must be notified of any approved extensions. c. If the investigation requires travel outside of Clark County, a justification memo and a Travel Request form will be sent through the chain of command. Page 13 of 13