Aurora Police Department Preliminary and Criminal Investigations PDF

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.11 Title: PRELIMINARY AND CRIMINAL INVESTIGATIONS Approved By: Vanessa Wilson, Chief of Police Effective: 09/01/1998 Revised: 03/03/2022 Associated Policy: DM 03.02, 06.17, 08.09, 08.10, 14.2 References: 28 CFR Part 23, C.R.S. § 16-23-103 Review: Investi...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 06.11 Title: PRELIMINARY AND CRIMINAL INVESTIGATIONS Approved By: Vanessa Wilson, Chief of Police Effective: 09/01/1998 Revised: 03/03/2022 Associated Policy: DM 03.02, 06.17, 08.09, 08.10, 14.2 References: 28 CFR Part 23, C.R.S. § 16-23-103 Review: Investigations Bureau Commanding Officer 6.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS 6.11.1 Preliminary Investigations Page 1 of 16 The preliminary investigation generally consists of those activities that begin when sworn members arrive at the scene of an incident and should continue until a postponement of the investigation or transfer of responsibility for the investigation will not jeopardize the successful completion of the investigation. 6.11.2 Responsibility for Preliminary Investigations All sworn members are responsible for the preliminary investigation of assigned incidents. Sworn members assigned an incident, or discovering a possible crime, will conduct an efficient and reasonable preliminary investigation with the objectives of determining if a crime has occurred and, whenever possible, bringing the case to a satisfactory conclusion without the necessity for a follow-up investigation. When a General Offense report is generated, all subjects (e.g. suspects, victims, witnesses, reporting parties, etc.) who are involved in an incident will be entered as entities in the Report Management System (RMS). Sworn members should make every effort to include the subject’s name, date of birth, race, ethnicity, gender, and other available identifying information. Sworn members will, as appropriate, perform the following tasks relevant to the situation when conducting a preliminary investigation:  Provide aid to the injured.  Protect the scene to ensure that evidence is not lost or contaminated.  Determine if an offense has been committed. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS 6.11.3 Page 2 of 16  Determine the identity of the suspect(s) and effect an arrest, if possible and appropriate.  Provide assisting sworn members with relevant information.  Locate and identify all victims and witnesses.  Determine what information is known by the victim(s) and/or witness(es).  Determine the exact circumstances of the offense.  Collect or arrange for the collection of evidence.  Obtain written statements from the victim(s), witness(es), and suspect(s), if feasible.  Accurately document all information in an offense report and relevant forms. Coordination Certain serious or complex crimes, such as homicides, child abuse resulting in serious bodily injury, and fatal traffic accidents, require the involvement of specialists in the preliminary investigation. The circumstances requiring the early involvement of specialists are delineated in other directives and sworn members will conduct their preliminary investigations accordingly. 6.11.4 Criminal Investigation Information Development Information development and case solvability depend on investigative resources. Potential sources of information are unlimited and sworn members should develop pertinent information through all available resources including, but not limited to, witnesses, victims, informants, and records of this agency and other law enforcement agencies. All elements of the criminal investigation including interviews and interrogations will be conducted according to departmental training, standard operating procedures (SOPs), and department directives with specific attention to "DM 14.02 - Conduct Unbecoming," section "14.2.11 Constitutional Requirements." Sworn members should also be aware that certain types of information, such as bank records, toll records, pen registers, etc., are available only through various forms of legal process, (e.g. subpoenas, search warrants, etc.). Sworn members should be cognizant of the constitutional case law and statutory requirements governing the collection of such information. During the investigation, all victims, witnesses, and suspects will be physically separated as early as possible so as not to contaminate their perceptions and accounts Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 3 of 16 of the incident. Witnesses and victims will be interviewed at the earliest possible time following a crime or incident. Interviews and interrogations will be conducted to obtain information, particularly pertaining to the who, what, where, when, how, and why elements of an incident. The assigned sworn member or designee will be responsible for conducting interviews. All relevant information obtained will be accurately documented and included in the case reports, including exculpatory information, if any. Sworn Members should evaluate and utilize an appropriate means of documenting information giving consideration to the use of written statements and audio/video recordings, if appropriate. 6.11.5 Suspect Identification, Use of Field Identification, and Photo Lineups First, responding officers can utilize a field show up to help identify a person of interest or eliminate persons as a possible person of interest. Follow-up investigations can utilize a photo lineup. In both field identifications and photo lineups, the actions of sworn members can unduly influence the ability of the victim and/or witness to provide correct and accurate identification of a person of interest. Sworn members will be diligent in protecting the victim and witness during a field identification. Proper care will be taken to ensure the constitutional rights of a person of interest, their rights will be protected when utilizing a field identification and/or a photo lineup. 6.11.6 Field Identification (Show-ups) A field identification (show-up) is an identification procedure used when a suspect has been detained soon after the commission of an offense because he/she resembles the description of the perpetrator provided by an eyewitness. The eyewitness is allowed to view the suspect so that a positive or negative identification can be made. In any case, additional investigation may be required to ensure the actual suspect has been detained. Field identifications may only be utilized by sworn members during the following situations:  Following the report of a crime, a Peace Officer, acting on reasonable suspicion, has detained a subject in the crime within minutes of the commission of the crime and near the location of the crime;  Given the circumstances, neither a live lineup nor a photo array are available as a means of identification; and  The eyewitness reasonably believes he or she can identify the subject; or  To verify the identity of an intimate relationship in a domestic violence case; or Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS  Page 4 of 16 To confirm the identity of a familial subject, including a parent, child, or sibling known to the eyewitness. The following procedures will be followed by sworn members using a field identification procedure: a. The first responding officers should interview the victim(s) and witness(es) to collect as complete a description of the person(s) of interest as possible. The person(s) of interest’s description should be aired to other units and added to the call notes in the computer-aided dispatch (CAD) system. If a possible person of interest is located, a field identification can be conducted with the victim(s) and/or witness(es) serving as an eyewitness. b. The eyewitness should be transported to view the suspect. Multiple eyewitnesses should be transported separately. Detentions for the purpose of a field identification are typically seizures based upon reasonable suspicion. Without probable cause to arrest a suspect, transporting him/her to the eyewitness’ location might be considered an unlawful arrest. Suspects do not have the right to refuse participation in field identification. c. The sworn member transporting an eyewitness for a field identification should not discuss the suspect or whether other supporting evidence about the suspect has been obtained (e.g. statements, physical evidence, other identifications, or any other information concerning the person subject to the field identification). d. Sworn members will not allow or make comments, writings, radio traffic, computer screen data, or any other information concerning the possible person of interest in this case or previous arrests to be seen or overheard by the eyewitness that may influence their identification of the possible suspect. e. Sworn members shall not require the person subject to the field identification to put on described clothing worn by the suspect, speak specific words uttered by the suspect, or perform any specific actions mimicking those of the suspect that occurred during the commission of the reported crime. f. The administrator of the field identification will read the following information to the eyewitness from the APD Field Identification/Show-Ups Instructions and Confidence Statement Form (APD Form 116):  You are being transported to view a person(s) to make a positive or negative identification.  You should not assume the person you are about to see has committed a crime.  We could be showing you a person for many reasons, including to clear the person from the investigation. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 5 of 16  Eliminating a person from an investigation is equally as important as is identifying a person who might have been involved in the criminal activity.  The investigation of this matter will continue whether the eyewitness identifies a person.  Apart from individual assistance and cooperation with law enforcement, we cannot discuss the investigation with you.  You cannot discuss what you saw, said, or did during this procedure with any other eyewitness.  Do not indicate in any way to other eyewitnesses that you have or have not made an identification.  When you have had a chance to view the person(s), please tell me whether you can make an identification. I will ask you about your level of certainty of your identification or non-identification (confident, somewhat confident, or not confident at all).” g. A Colorado Peace Officer Standards and Training (POST) certified Officer shall ask the eyewitness if they understand the instructions if they agree to comply with the instructions and if they have any questions before the identification procedures begin. The eyewitness must respond affirmatively in order for the show up to proceed. h. Sworn members shall ask the eyewitness if they understand the instructions if they agree to comply with the instructions and if they have any questions before the identification procedures begin. The eyewitness must respond affirmatively for the field identification to proceed. i. The eyewitness should be transported to a position at a distance that allows them a clear view of the suspect. Obstructions preventing a clear view of the suspect may include hoods, hats, bandanas, or clothing that is obstructing or altering the eyewitness’ view of the person of interest. j. Sworn members will not manipulate the person’s appearance. k. The field identification location must be as well-lit as practicable with an unobstructed view of the person subject to the field identification. l. When conducting a field identification with an eyewitness who has limited English proficiency or who is hearing impaired or deaf, sworn members, if feasible, shall obtain an interpreter before proceeding with the field identification. If an interpreter was not used, the reason must be documented. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 6 of 16 m. When there are multiple eyewitnesses for a field identification procedure, they should each be transported to view the suspect in separate vehicles. Eyewitnesses should be prevented from speaking to each other about the identification procedure. When the procedure is over, eyewitnesses should be admonished not to discuss the identification procedure with any other eyewitness. n. When there are multiple suspects detained, the suspects should be dispersed over a sufficient distance so that the eyewitness views each suspect separately and one at a time. o. The suspect should not be handcuffed or in a patrol vehicle at the time of the field identification, except in circumstances to prevent an imminent threat of physical harm to a sworn member, or another person, or to prevent the escape of the subject. If handcuffing is necessary, all reasonable efforts should be made to obscure the handcuffs from the eyewitness. p. Eyewitnesses will view the person of interest from the interior of the transport vehicle. The sworn member conducting the transport will document where the eyewitness was seated within the vehicle and the approximate distance from the transport vehicle to the person of interest. If prudent under the circumstances of the case, the eyewitness should not be visible to the suspect. q. The field identification must be recorded by a body-worn camera or video that shows clearly, without obstruction, each subject at the field identification location. Additionally, the entire field identification process must be video recorded, including the admonition, responses by the eyewitness or victim, and confidence statement. r. The administrator should not comment, nod, or make gestures (either positive or negative) about the eyewitness’ identification of the suspect. s. The administrator of a field identification will document the following information in their report:  Circumstances leading to the field identification procedure.  Where the procedure took place, who was present, and the date and time it was administered.  Physical circumstances of the field identification - including lighting, weather, the approximate distance between the eyewitness and suspect, whether the suspect was handcuffed, physical description, injuries, the demeanor of the suspect, and the length of time between the suspect’s detention and the identification. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 7 of 16  Any statements, comments, or physical reactions of the eyewitness or victim during the identification procedure.  Eyewitness or victim’s confidence statement, including any spontaneous statements, documented word for word.  Each eyewitness should complete the APD Field Identification/Show-Ups Instructions and Confidence Statement Form (APD form 116) about the results of the procedure after viewing the suspect. The completed Field Identification/Show-up Form shall be copied and submitted to the Records Unit for inclusion with the case. The original document will be placed into the Property and Evidence Unit as evidence unless extenuating circumstances exist which shall be documented in the report. 6.11.7 Photo Lineups/Arrays It is extremely important that photo lineups be created that will not influence the victim(s) and/or witness(es). Poorly conducted photo lineups can hinder law enforcement efforts to bring the right suspect to justice. 6.11.8 Constructing Photo Lineups/Arrays It is recommended that sworn members utilize the “Picture Link” mug shot system in the construction of photo lineups. Photo lineups made using this software ensure that there is a record of the lineup to include a key regarding the persons depicted within the photo lineup that has their respective identifying information attached, which safeguards posterity and audit, if necessary. Additionally, the sworn member will ensure that an unmarked copy of the photo lineup and corresponding key regarding the persons depicted within the photo lineup that has their respective identifying information attached, be placed into the Property and Evidence Unit. If the “Picture Link” system does not have a photograph of the person of interest and a photograph of the person is available in “LUMEN,” the sworn member may construct the lineup using “LUMEN” or request to have the photograph of the person uploaded into the “Picture Link” system for utilization there. If “LUMEN” is utilized, the sworn member will ensure that an unmarked copy of the photo lineup, to include a key regarding the persons depicted within the photo lineup that has their respective identifying information attached, be placed into police property in addition to being attached to the case report through Versadex RMS. If neither “Picture Link” nor “LUMEN” have a photograph of the person of interest, a sworn member may utilize either the Department of Motor Vehicles (DMV) or any other official photograph on record with any other outside governmental agency, in order to secure an associated photograph. The sworn member may either upload the outside agency photograph of the person of interest into the “Picture Link” system for Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 8 of 16 utilization there, or may construct a photo lineup utilizing any accepted electronic application, such as Microsoft Word, PowerPoint, etc., or may use any appropriate lineup created by such outside entity or agency. If an electronic application other than the “Picture Link” or “LUMEN” is used, the sworn member will ensure that an unmarked copy of the photo lineup, to include a key regarding the persons depicted within the photo lineup that has their respective identifying information attached, be placed into the Property and Evidence Unit in addition to being attached to the case report through Versadex RMS. Sworn members constructing photo lineups should utilize the following guidelines: a. Photo lineups should consist of no less than six photographs. One photograph of the person of interest and five other similar filler photographs. Care should be taken when creating a photo lineup to ensure the backgrounds and photographs used as fillers are similar to the photograph of the person of interest. An Officer creating a photo lineup needs to consider the photograph of the person of interest. The filler photographs must be similar in appearance to ensure an equitable photo lineup. Failure to provide similar filler photographs could create an overly suggestive lineup. b. Filler photographs must be of persons of the same sex, race, age group, and physical features as the person of interest. Hair color, hairstyle, facial hair, earrings, or other body piercings should be considered. Use photographs of persons who generally fit the victim/witness’ description of the person of interest. Avoid photographs of persons who so closely resemble the person of interest that a person familiar with the person of interest might find it difficult to distinguish fillers from the person of interest. The filler photographs should depict similar clothing. For example, the person of interest should not be in a jail jumpsuit if all the fillers are in plain clothes. c. All photographs in the lineup should have similar backgrounds and dimensional characteristics. d. All photographs should depict persons in a similar pose. Filler photographs should match the person of interest photograph in so far as being a simple headshot or a bust that includes the head and chest. No writing or other indications that the photo is a mug shot or jail photograph can be visible. e. When using multiple photo lineups to identify multiple persons of interest from a single victim/witness, sworn members should avoid placing the person of interest’s photo in the same position in each photo lineup. The same filler photographs cannot be used in multiple lineups. f. Sworn members will document the source of the photographs used in the lineup. The lineups used, whether an identification is made or not, will be placed into the Property and Evidence Unit as evidence unless extenuating circumstances exist which shall be documented in the report. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 9 of 16 Due to the complexity and uniqueness of investigations, sworn members may choose to utilize photobooks in place of a photo lineup. A photobook can be constructed in two ways, the first being a book of photographs of all known and identified persons associated with a case or with the specific focus on a person of interest like that of a photo lineup. If a photo book is constructed containing all the known and identified persons associated with a case, the sworn member will ensure that only a single photograph appears on each page, that the pages are numbered, and that all identifying information is removed. The sworn member will ensure that there are no visibly overt indications that the photograph is a mug shot or jail photograph and that all photographs are headshots or a bust. The sworn member will ensure that a corresponding key is generated that includes the respective identifying information of the persons depicted within the photobook. If a sworn member utilizes a photobook with a specific focus on a person of interest, like that of a photo lineup, the sworn member will ensure that in addition to guidelines a-f, outlined above for constructing photo lineups, that only a single photograph appears on each page, that the pages are numbered and that all identifying information is removed. The sworn member will ensure that there are no visibly overt indications that the photograph is a mug shot or jail photograph and that all photographs are headshots or a bust. The sworn member will ensure that a corresponding key is generated that includes the respective identifying information of each person depicted within the photobook. The order of the photographs within a photobook should be reshuffled and numbered when shown to multiple victims/witnesses. In either instance where a sworn member utilizes a photobook, the sworn member will ensure that an unmarked copy of the photobook, to include a key regarding the persons depicted within the photo lineup that has their respective identifying information attached, be placed into the Property and Evidence Unit in addition to being attached to the case report through Versadex RMS. Sworn members are encouraged to utilize color photographs when constructing photo lineups or photobooks. However, it is understood that there are instances where the depicted person’s photograph, or those of suitable fillers, may dictate the necessity to present the photo lineup or photobook in black and white. Sworn members will ensure that all photographs are either in color or converted to black and white. Aside from the issue of color versus black and white, the sworn member will follow the direction outlined in the guidelines for constructing photo lineups and/or photobooks. 6.11.9 Procedural Guidelines for Using Photo Lineups/Arrays and Physical/Live Lineups When conducting a photo lineup (photo array) or a physical/live lineup, it is recommended that it be presented by a sworn member who does not know the identity of the person of interest when it is viewed by the victim/witness (“blind administrator”). Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 10 of 16 If not by a blind administrator, then it is recommended that the lineup be presented by a sworn member who may know who the person of interest is, but does not know in which position the person of interest is placed into a photo lineup or live lineup (“blinded administrator”). When presenting a photo lineup, sworn members will provide the victim/witness, the Photo Lineup/Array Witness Instruction Form (APD Form 094). The sworn member will advise the victim/witness of all elements of the instruction form to make sure he/she understands the investigation continues regardless of his/her ability to identify a person of interest or not. Sworn members will avoid saying anything that will influence the victim/witness’ selection. Sworn members will not report any information regarding the individual selected before obtaining a clear statement of certainty from the victim/witness. Sworn members will document the victim/witness’ level of confidence and the identification or non-identification of the person of interest, using the victim’s/witness’ own words. Sworn members will document the location, date, time, and all persons present at the time the victim/witness views the lineup. All persons who are present during the procedure shall be entered as an entity in the RMS. This entry shall include their name, date of birth, race, ethnicity, gender, and other available identifying information. Viewing should be conducted in a quiet setting such as an interview room. If possible, the use of video/audio recording is encouraged to document the process and results. If multiple victims/witnesses will view the same lineup, the viewings should be done separately. 6.11.10 Additional Considerations for Physical/Live Lineups If a physical lineup is used, the following additional considerations should be followed:  If a photo lineup was done prior to the physical lineup, the person of interest should be in a different position than the previous lineup.  If there is more than one person of interest, different fillers should be used in each live lineup.  All participants of the live lineup should be instructed not to speak, move or gesture to one another. They should also remain still and face forward during the procedure unless otherwise directed by an Officer/Investigator.  The person responsible for conducting the physical lineup must contact the District Attorney’s office responsible for prosecuting the offense prior to conducting the physical lineup in order to allow the district attorney to (1) attend the physical lineup; and (2) determine whether defense counsel must also be allowed to attend the physical lineup. If the district attorney determines that defense counsel must be allowed to attend the physical lineup, the person conducting the physical lineup must comply with the district attorney’s determination. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS  6.11.11 Page 11 of 16 When conducting a live lineup, the sworn member conducting the lineup must utilize the Live Lineup Witness Instruction Form (APD Form 093). The form should be read to the witness, appropriately filled out, and then included in the case documents. Composite and Artists Renderings A non-photographic depiction of a suspect can be developed for investigative purposes when a suspect photograph is not available. Officers will use care not to influence the description provided by the victim/witness. Drawings, identi-kit, or computergenerated composite images may be used. 6.11.12 Informants All potential informants should be developed, contacted, and debriefed by at least two sworn members, when possible. An informant's credibility, motivation, information, and potential utility should be carefully assessed. Informants will be documented, controlled, and all pertinent information regarding informants will be maintained according to the sworn member's respective SOP. In the event a sworn member's district, bureau, or section does not have an established procedure, it will be coordinated through and maintained by the Investigations Bureau or the Narcotics Section’s SOP’s, as appropriate. 6.11.13 Collection, Preservation, and Use of Physical Evidence The collection and preservation of evidence is an important function for Officers. Sworn members should use all measures necessary to preserve and maintain the integrity of any evidentiary items that will support the criminal investigation that may be used during any judicial proceedings. The assigned sworn member will ensure that relevant physical evidence is collected and stored according to "Directive 08.10 - Reports" for preservation and/or further testing and evaluation, as appropriate. The assigned investigator should obtain, collate, and analyze all laboratory reports relating to the case to determine if additional testing and/or evaluation is required. When a sworn member realizes, or it is obvious, the requirements for the collection and preservation of evidence exceeds the technical expertise of the sworn member, then they should notify the Crime Scene Investigations (CSI) unit and request assistance as delineated in "Directive 03.02 - Duties and Responsibilities of the Metro Division." Sworn members seizing physical evidence will document the chain of custody upon the appropriate form(s). Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 12 of 16 After seizure and proper documentation of the chain of custody, seized evidence will be handled according to "Directive 08.09 - Processing, Storage, and Disposition of Evidence and Other Property." Officers who will be collecting latent prints at crime scenes will receive additional training provided by the CSI unit. This training is outlined in the directive "DM 06.17 - Officer-CSI Program," section "6.17.8 Procedures Used." 6.11.14 Preservation of Notes in Criminal Investigations For Officer notes related to homicide, vehicular homicide, officer-involved shootings (OIS), felony assaults where death or serious bodily injury is likely, the sworn member will ensure that the original notes are scanned by the Records Unit into the appropriate case. When the sworn member has completed his/her report, he/she will make a copy of all notes connected to the referenced case/investigation, legibly print the case number, sworn member’s name, and their identification number on each copied page in the upper right-hand corner. The sworn member will submit those copies to the Records Unit to be scanned into Versadex RMS. After the copies are scanned, the copies will then be destroyed by Records Unit personnel. The sworn member will place the original notes into the Property and Evidence Unit. Sworn members taking notes in misdemeanor and felony cases not listed above should accurately transcribe their handwritten notes into their official report and state in the report that any handwritten/typed notes were accurately transcribed into the final police report. The original notes should not be placed into the Property and Evidence Unit except in extenuating circumstances. Nothing in this directive will preclude the preservation of notes as deemed necessary by sworn members, supervisors, or command personnel based on the circumstances surrounding an event. 6.11.15 Major Incident Debriefing Debriefing a major incident is an excellent method to facilitate communications between working groups. The purpose of debriefing is to obtain knowledge and share ideas and/or concerns to improve the effectiveness and efficiency of department practices and procedures. Supervisory or Command Officers may facilitate debriefings after major incidents with involved personnel. 6.11.16 Surveillance Sworn members, when contemplating possible surveillance activities, should take into account the purpose of the surveillance, the necessity for the surveillance, the environment in which the surveillance will be conducted, and legal and statutory constraints upon the proposed surveillance activity. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 13 of 16 Prior to any surveillance-related activity, sworn members will de-conflict the operation through the RISSafe platform or by utilization of the Rocky Mountain HIDTA Watch Center at 1-800-965-6393. 6.11.17 Biological Substance Sample (DNA) Collection C.R.S. § 16-23-103 requires that a biological substance sample (DNA) be collected from every adult arrested for felony charges. The statute also states that the “Arresting Law Enforcement Agency shall collect the sample from the arrested person as part of the booking process.” The Colorado Bureau of Investigation (CBI) is in charge of this process. As such, CBI has developed a kit and procedures to fulfill the requirements of the law. Officers must use the kits supplied by CBI and follow their procedures. Everything needed to complete the collection, including written instructions, is included in the kit. When an adult is arrested on felony charges (including felony warrants) and brought to the Aurora Detention Facility, the arresting officer will collect the DNA sample as part of the booking process (the Detention Officers will NOT do the buccal swab collection). The Officer will acquire a new (sealed) DNA kit from detention personnel and collect the sample following the included instructions. A sample will not have to be collected if the person has previously provided a biological sample for such testing pursuant to a C.R.S. § 16-23-103 and CBI has the sample. Confirmation of the previously submitted sample must be confirmed by reviewing the Colorado criminal history report for “DNA profile in CODIS” and (Y) means that it is submitted and a (N) indicates that it has NOT been previously submitted. If a prisoner is combative and cannot be fingerprinted, then do not attempt to collect the buccal swab. When the prisoner has calmed down enough to be fingerprinted an Officer will be called to collect the swabs at that time. 6.11.18 Familial DNA Search Protocol A “Familial DNA Search” is defined as a deliberate search for biologically related relatives of a contributor of an evidentiary profile conducted with specialized (nonCODIS) software designed for this purpose. The Colorado Bureau of Investigation (CBI) has developed a DNA Familial Search Policy that deals with this possibility. In appropriate cases, the Chief of Police may request that CBI conduct a search of the Colorado DNA offender database for DNA profile(s) that are not exact but indicate a scientific connection or relative of the offender. The department will follow all procedures in the current CBI DNA Familial Search Policy. The Crime Lab Section Lieutenant will maintain a current copy of the policy. Requirements of CBI’s policy include but are not limited to: Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 14 of 16  Requests for a Familial DNA search must come from the Chief of Police or the district attorney.  The request must justify the case having significant public safety concerns and the familial search result is critical to advancing the investigation.  That the lead investigator assigned to the case has received CBI-approved training in the use of DNA familial search evidence.  That standard investigative leads have been exhausted.  That the agency agrees to further investigate the case after CBI releases the identifying information to the requesting agency. Investigators desiring a CBI Familial DNA Search will, in cooperation with their Supervisor, Commanding Officer, and the Crime Lab Section Lieutenant, make a proposal to the Chief of Police that recommends the request to CBI in accordance with their policy. 6.11.19 Use of Regional Information Sharing and Systems Intelligence Module The purpose behind the de-confliction process is to increase officer safety, safeguard criminal investigations, and promote information sharing within the law enforcement community. The Rocky Mountain Information Network (RMIN) and the Rocky Mountain HighIntensity Drug Trafficking Area (RMHIDTA) facilitate access to the two deconfliction systems, RISSafe and RISSIntel. RISSafe is an operational de-confliction system. It provides members a way to safeguard that an ongoing investigation is not in conflict with another active police operation in the same geographic area and same time frame. Investigators will enter information about police activities such as search warrants, surveillance, narcotics purchases, or other police-related activities conducted in the field. RISSIntel is a de-confliction database in which the personal identifying information of a subject linked to a specific criminal activity is maintained. It is a resource to determine if an individual is a subject of interest in other ongoing independent investigations by other law enforcement agencies. RISSIntel will de-conflict information on a national scale. RISSIntel is an intelligence platform and all submissions must comply with specific requirements as outlined under 28 CFR Part 23. Members who believe information should be added to RISSIntel will forward that information to the Intelligence Unit Supervisor for evaluation to include compliance Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 15 of 16 with 28 CFR Part 23 and subsequent entry. The Intelligence Unit will retain the hardcopy of the initial information requesting the entry. Direct entry into RISSIntel is limited to the following units and only after the approval of a supervisor:  Sworn Members of the Investigative Support Section  Sworn Members of the Narcotics Section  Sworn Members of a Federal Task Force  Sworn Members assigned to any Rocky Mountain HIDTA funded Task Force. Additional information on these services can be obtained by contacting the Rocky Mountain HIDTA at 1-800-965-6393 (de-confliction/watch center) or 303-671-2180 (mainline). 6.11.20 Undercover Operations Restricted Undercover Police Officers wear civilian attire but act in a covert position to disguise their identity as Police Officers. Undercover Officers do not display POLICE markings, badges, or any part of a formal uniform. This allows for Undercover Officers to easily blend within the community, without being identified as Police Officers. Officers working in an undercover capacity are deployed by the police department to conduct surveillance, participate in investigations that require the use of covert (non-overt) Officers, and during specific “Controlled Operations” (defined below). Only sworn members assigned to specific units are authorized to perform their duties in an undercover capacity, including:  CATPA Metropolitan Auto Theft Taskforce (CMATT)  Electronic Support Section (ESS)  Fugitive Apprehension and Surveillance Team (FAST)  Intelligence Unit  RAVEN Task Force  Safe Streets Task Force  Narcotics Section  Other assignments approved by command. Directive Manual (Revised: 03/03/2022) 06.11 PRELIMINARY AND CRIMINAL INVESTIGATIONS Page 16 of 16 Undercover “Controlled Operations” require the Undercover Officer to assume a role of a person who is not affiliated with law enforcement (e.g. drug, vice, murder-for-hire, gambling, etc.). These operations involve a higher level of risk to the public and participating Officers. For this reason, the use of undercover “Controlled Operations” is restricted to only those units that perform undercover operations as part of their normal course of duties and are properly trained for this assignment. When Undercover Officers become involved in overt police activities, they are expected to clearly identify themselves with obvious POLICE markings, including raid vests, identification jackets, and/or other accessories that clearly represent the Officer as law enforcement. 6.11.21 Investigations Involving Aurora Mental Health Clients Officers who are investigating a crime involving a client of Aurora Mental Health, either as a victim or suspect, may contact Aurora Mental Health for assistance. Officers may contact the Aurora Mental Health Emergency Services at 303-617-2300 for assistance. The assistance that can be provided by Aurora Mental Health personnel includes:  Trying to locate a person who is part of an investigation.  Identifying an individual who has been admitted (outside of therapy) to participating in a violent crime.  Aiding in an investigation when the victim is incapacitated.  Responding to an off-site medical emergency.  Aiding law enforcement in preventing or lessening a serious and imminent threat.  Identifying or apprehending an individual who appears to have escaped lawful custody. Aurora Mental Health must verify information from requesting Officers. If requested, sworn members of the police department will provide the following:  City of Aurora Personnel Identification Number (7-digit EID number) and Name  Business Card  Business Phone Number  Written Request on Agency Letterhead (preferred but not required)