Criminal Investigations PDF Boca Raton Police Services Department

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 42.01 CRIMINAL INVESTIGATIONS Revised: July 7, 2020 I. PURPOSE: The purpose of this standard operating procedure is to provide employees of the Department guidelines regarding the investigation of crimes. II. PROCEDURE: A. INIT...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 42.01 CRIMINAL INVESTIGATIONS Revised: July 7, 2020 I. PURPOSE: The purpose of this standard operating procedure is to provide employees of the Department guidelines regarding the investigation of crimes. II. PROCEDURE: A. INITIAL RESPONSE: 1. Provide aid to the injured. 2. Observe all conditions, events, and remarks to determine if an offense has been committed and if so, the exact nature of the offense. 3. Determine the identity of the suspect(s) and affect an arrest if it can be accomplished either at the scene or through immediate pursuit. 4. Furnish other law enforcement officers (LEOs), through the Communications Center, with descriptions, method and direction of flight, and other relevant information concerning wanted persons or vehicles. 5. Obtain and document the complete identification of all complainants, victims, and witnesses. 6. Maintain and protect the crime scene and arrange for the collection of evidence. 7. Interview and/or obtain written or recorded statements from the complainant, victims, witnesses, and the suspect, if such an interview can be accomplished; or statements can be obtained legally. 15.06 8. Accurately and completely record all pertinent information on the prescribed report forms. B. PRELIMINARY INVESTIGATIONS: 1. A postponement of an investigation or transfer of responsibility shall not jeopardize the successful completion of the investigation. Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 1 of 10 2. Any LEO may perform preliminary investigations, but Road Patrol LEOs are encouraged and expected to conduct a preliminary investigation to its conclusion unless the following occurs: a. The presence of a uniformed LEO would prevent a proper investigation from being completed. b. Time constraints require a detective to be assigned. c. A major crime occurred, such as robbery, sexual battery, homicide, and child abuse, where specialized skills are needed. d. Narcotics trafficking, possession for sale or manufacture is indicated. 3. The assigned Road Patrol LEO shall initiate and complete as many of the activities listed in this standard operating procedure (SOP) as are needed, depending on the circumstances of the incident. 4. As soon as the preliminary investigation is concluded, and before the Road Patrol LEO returns to service, he/she shall complete an Incident Report. 5. The Road Patrol LEO assigned shall be responsible for initiating action to inform his/her supervisor of a serious crime or one requiring immediate on-the-scene follow-up investigation. 6. If a suspect is developed for a crime during a LEO’s preliminary investigation, the LEO should complete information for a Crime Information Bulletin. 7. In every case, the LEO should attempt to obtain a photograph or composite of the suspect. 8. If a Crime Information Bulletin is needed, photographs may be taken from the Department’s electronic records management system, driver license file, other agencies' files, or any other reasonable source. 9. Once all the necessary information and photographs are obtained, it may be submitted to a crime analyst for completion and distribution of the Crime Information Bulletin. 10. The information for a Crime Information Bulletin should be collected in all felony investigations involving a suspect; for misdemeanors, if the suspect is local, pertinent information may also be submitted. 11. The Crime Information Bulletin form may be obtained from the Department Intranet on the Crime Analysis page. 12. In the event LEOs have confidential or intelligence information, they will record the information in the Incident Report and the heading of the report will be as follows: Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 2 of 10 a. Intelligence: Information regarding all criminal activity and confidential investigations other than vice or narcotics. b. Vice Intelligence: All gambling, loansharking, liquor violations, and commercial sex offenses. c. C. Narcotics Intelligence: All narcotic investigations or information. VICTIM, COMPLAINANT, AND/OR WITNESS: 1. The LEO shall contact each victim, complainant, or witness within seven (7) days to begin the follow-up investigation. 2. The assigned LEO shall within seven days of his/her initial contact with the victim, complainant, or witnesses, contact them again to obtain further information. a. The assigned LEO shall notify the victim of the final case disposition or any change in case status. b. Notification by telephone or in person is preferable, but if this is not possible, a letter notifying the victim/complainant of the status of the case will suffice. D. SUSPECT: 1. Determine the existence of, and/or identify any co-defendants. 2. If a suspect is identified and apprehended, attempt to secure a documented confession through a thorough interview. 3. Determine if the suspect may have committed other crimes. Notify the appropriate law enforcement agencies if a suspect indicates involvement in other crimes in their jurisdictions. 4. Conduct a background investigation on suspects, using FCIC/NCIC, criminal history files, and any other established sources. 5. Determine if the suspect can be used as a confidential informant per Department policy. 6. If necessary, use a search warrant or, if appropriate, a Consent to Search Form, to legally recover items of evidentiary value or stolen property. See Departmental Standards Directive 74.300 Criminal Process, Arrests, Searches for more information. Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 3 of 10 E. PHYSICAL EVIDENCE: 1. Physical evidence is without exception the best evidence. 2. While the collection and preservation of physical evidence is the responsibility of the crime scene technicians (CSTs), it is incumbent on the assigned LEO to closely monitor and direct those activities. 3. Physical evidence collection shall be collected and processed in accordance with the guidelines found in Standard Operating Procedure 83.01 Crime Scene Procedures. 4. so. The critical factor in collecting evidence, either by LEOs or CSTs, is the right to do a. Much evidence collection shall require a warrant. b. LEOs must be prepared to meet all requirements to assure that evidence is recovered legally. 5. Physical evidence may be anything, from fingerprints, hairs and fibers to a building, vehicle, or human body. a. In most cases, the collection of evidence is the first step after a crime is reported. b. It is critical that before a major scene is vacated, the lead LEO be certain that all possible evidence has been collected. 6. The collection of physical evidence at major scenes is the responsibility of the ISB and shall be done at the direction of the lead detective or his/her designee. 7. All evidence shall be properly collected, marked, cataloged, and packaged to ensure its later use in criminal proceedings. 8. F. Evidence shall be handled in a manner that anticipates later legal challenges. COMPUTER ENTRIES: 1. Computer entries are the responsibility of the LEO conducting the preliminary investigation. 2. There are times when a complete list of stolen items and serial numbers is not available immediately. a. If the victim during the follow-up gives the property list to the LEO, it is his/her responsibility to ensure that the proper information is submitted for NCIC/FCIC computer entry. b. Effective: March 25, 2011 Revised: July 7, 2020 A copy of the computer entry shall be made a part of the LEO’s case file. Criminal Investigations SOP No. 42.01 Page 4 of 10 c. If the property entered is recovered during the investigation, it is the LEO’s responsibility to ensure that the property is removed from NCIC/FCIC and include the Teletype information in the case file. d. If property is recovered and another LEO writes a supplement, the LEO to whom the case is assigned shall ensure that the computer printout indicating the removal of the property is included in the case file. 3. If any suspect vehicle information, suspect identity, description, or unusual MO is developed by the LEO, it shall be the LEO’s responsibility to request the following: a. The proper information be broadcasted through a be on the lookout (BOLO) b. Appropriate NCIC/FCIC computer entries be made c. Crime analysts circulate the information to Road Patrol LEOs by means of Crime Information Bulletins, etc. 4. If the LEO believes that the suspect is in the area and warrants exist, the information shall be given to Road Patrol and Investigative Services Bureau LEOs. 5. If a copy of the computer entry form is not included with the case file when the LEO is assigned the case, the LEO must ensure that the entry has been made. G. STEPS OF THE FOLLOW-UP INVESTIGATIONS: 1. Conduct an information search, which includes but is not limited to, a. Plan, organize, and search for witnesses, victims, suspects, or evidence and to interview where appropriate. b. If appropriate, use surveillance to apprehend the suspect(s) or gain additional information. c. Use the Crime Lab, Intelligence-Led Policing (ILP) Unit, Real Time Command Center (RTCC) and all other Department records to develop, identify and apprehend suspects. d. Use outside resources such as utility companies, driver license bureau, vehicle registrations, criminal histories, probation, and parole checks. 2. Leads may be developed by sources of information including, but not limited to: a. Observations b. Victim/Witness statements c. Documents Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 5 of 10 H. d. Public records e. Informants, suspects, and/or co-defendants f. Law enforcement agencies g. Courts h. Intelligence data i. Pawnshop records j. Media k. Composites l. Crime scene processing m. Polygraph examinations n. Video CRIME LOCATION: 1. Each LEO shall visit the crime location as part of his/her follow-up to ascertain the following: a. If there is any evidence that might have been overlooked originally. b. To familiarize himself/herself better with the modus operandi of the suspect. c. To ascertain if the crime happened as reported. 2. By having first-hand knowledge of the scene, it will assist the LEO when questioning a suspect and obtaining statements from suspects/defendants. I. NEIGHBORHOOD CANVASS: 1. Each LEO as part of his/her follow-up, shall ensure that the neighborhood canvass is completed properly, if applicable. 2. The canvass may include neighbors, postal workers, workers in the area, and any other persons who might be able to supply any information that may assist in developing leads in the case. Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 6 of 10 J. SUPPLEMENTAL REPORT: 1. The LEO shall organize all notes, evidence, photographs, supplements and laboratory findings for court presentation and make the prosecutor aware of all pertinent facts of the case and of the criminal history or background of the suspect, thereby assisting in prosecution. 2. The LEO’s supplemental reports shall indicate the disposition and status of any property or evidence in custody. 3. If the LEO develops suspects, additional witnesses, etc. during the investigation, the LEO shall document their names and information. K. CONTACTING OTHER AGENCIES: 1. As part of the investigation, the LEO shall contact other surrounding agencies for possible leads or similar type crimes, if applicable. Contact is accomplished by telephone, personal contact or through providing crime analysts with information to be distributed at the intelligence meetings. L. CRIMINAL BACKGROUND INVESTIGATIONS: 1. Investigative Services Bureau (ISB) employees shall conduct background investigations for gathering crime related intelligence only regarding a person's activities, character, and associates. 2. Background information shall be obtained using city, state, federal and private information resources and shall be confidential. 3. All records shall have limited access and shall be distributed to law enforcement agencies, consistent with the Third-Party Rule. Records distributed shall be marked Confidential. 4. M. All criminal background investigations shall be conducted discreetly. TELEPHONE CALLS: 1. Any telephone calls to investigative targets shall be made from an undercover telephone line that is registered via an undercover identity N. SURVEILLANCE: 1. The following types of surveillance are appropriate investigative techniques: a. Stationary covert surveillance. b. Mobile covert surveillance. c. Electronic surveillance, limited to the following: Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 7 of 10 i. Interception of verbal communications where one-party-consent is granted, or a court order exists ii. Interception of telephone communications when ordered by a court of appropriate jurisdiction iii. Mobile surveillance assisted by a transmitter legally attached to a suspect’s vehicle, vessel, aircraft, or any other mobile thing iv. Photo/video surveillance 2. The successful use of surveillance evidence often depends on the answer to the single question: Was the LEO in a place in which he/she had a right to be? a. If the LEO is in doubt about his/her right to conduct surveillance, a supervisor shall be consulted. b. For information on the procedures for conducting surveillance, undercover, decoy, and raid operations see Standard Operating Procedure 43.01 VIN Operations. O. OBTAINING A SEARCH WARRANT: 1. The LEO shall complete a search warrant application/affidavit in accordance with the guidelines found in Departmental Standards Directive 74.300 Criminal Process, Arrests, and Searches. P. COLD CASES: 1. Cold cases are defined as cases that, for varied reasons, have not been brought to a successful conclusion. 2. The lead detective assigned to the cold case investigation may be utilized in other cases as directed by the ISB commander or his/her designee. 3. The concept of the “lead sheet,” “lead log” system will be employed in reporting what investigative leads/acts have and will be conducted. This is going to require extensive review of all previously generated documents, reports, etc. 4. When a cold case is to be investigated, the first step will be to physically locate any and all reports, papers, notes and other writings associated with the case. 5. Once it is determined that the cold case will be investigated, the evidence must be accounted for. This will lead to the evidence being reviewed by the lead detective, preferably with a member of the Crime Scene Unit and/or the Biological Processing Lab (BPL). Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 8 of 10 6. If possible, the original detective should be interviewed. His/her knowledge is invaluable, and he/she may have additional information not included with the original files. 7. New evidence collection, preservation and testing techniques will prove invaluable in investigating cold cases. CSTs and/or BPL analysts will be consulted pertaining to evidence. 8. Periodically, a meeting will be held with the ISB commander and the investigating team member(s) to discuss case status and identify issues and/or problems resulting from the case. Q. INVESTIGATIVE TASK FORCES: 1. GENERAL PROVISIONS: a. Any task force in which the Department participates or establishes, whether within the Department or with any federal, state, or local entity must be approved by the City administration and/or City Council. b. Generally, a task force is established to achieve the following objectives: i. Pooling of law enforcement resources ii. Crossing jurisdiction lines to target a specific offender(s) or crime(s), such as, narcotics violations, robbery, burglary, homicide, stolen property violations, and DUI enforcement. 2. POLICY AND SUPERVISION: a. When working on a task force for another agency, the following procedures apply: i. The LEO shall continue to report to a Department supervisor. ii. The LEO shall continue to be responsible for his/her actions under the policies and procedures of the Department and the City of Boca Raton. iii. Should an LEO on an investigative task force become involved in a shooting or disciplinary action, he/she shall make sure that his/her immediate Department supervisor is notified immediately. iv. LEOs involved in task force assignments shall conform to the lead agency’s procedures unless in direct conflict with City or Department directives. b. Any conflicts the LEO may experience should be discussed immediately with his/her Department supervisor. Effective: March 25, 2011 Revised: July 7, 2020 Criminal Investigations SOP No. 42.01 Page 9 of 10 c. Policy conflicts will be decided in the best interest of the Department. d. The LEO shall be responsible for his/her Department training requirements. Approved: Michele Miuccio Chief of Police Effective: March 25, 2011 Revised: July 7, 2020 Date: Criminal Investigations SOP No. 42.01 Page 10 of 10