-Robbery Unit Guidelines September 2023.pdf

San Jose Police Department Robbery Unit Guidelines Lt. Ken Tran #3603 Unit Commander  Robbery Unit Guidelines Robbery Unit Mission and Objectives The Robbery Unit is comprised of investigators specializing in the identification and apprehension of...

San Jose Police Department Robbery Unit Guidelines Lt. Ken Tran #3603 Unit Commander  Robbery Unit Guidelines Robbery Unit Mission and Objectives The Robbery Unit is comprised of investigators specializing in the identification and apprehension of criminal suspects involved in robberies, carjackings, extortions, grand thefts of purses, and kidnappings. The investigators complete this mission by conducting thorough follow up investigations subsequent to the initial field investigations conducted by Patrol. Robbery investigators coordinate their work with Patrol as well as allied agencies, in order to ensure timely and efficient responses to these crimes. The Robbery Unit conducts all investigations with an emphasis on procedural justice, transparency, objectivity, thoroughness, compassion for the victims, and accountability for those responsible for these crimes. Schedule 1. Robbery Detectives and Sergeants are expected to work either Monday through Thursday or Tuesday through Friday. Detectives and sergeants are expected to work 0730-1730 hours. Seniority in the unit and / or rank will be the determining factor in choosing their day off. If an investigator will be more than 15 minutes late for their assigned schedule, they are directed to notify a sergeant. If an investigator calls in sick or needs to use emergency time off of any variety, the investigator’s supervisor, or an alternate supervisor will be advised. 2. T.O. requests shall be channeled through the member’s supervisor and posted on the Robbery Unit Outlook calendar. This calendar should also include all planned vacation, training and sick leave, etc. Minimum staffing for the Unit will be one sergeant and two detectives. Any exception to this rule must be cleared by the Unit Commander. 3. Detectives responding to the field will note on the status board their estimated time of return. If the detectives anticipate being gone longer than 2 hours, they should apprise their supervisor of their itinerary. If their supervisor is unavailable, the detectives will clear their activity through another Unit supervisor. 4. Unless prior arrangements with a supervisor have been made, all detectives are expected to complete their 10-hour shift before leaving the office. 5. Each Sergeant may designate a team leader for his or her team. The team leader will be responsible for the day-to-day operations of the team or unit in the absence of their Sergeant or in the case both Sergeants are absent. 09/18/23 2 AL Robbery Team Leader Responsibilities The Robbery Team Leader will have the following responsibilities: Motivate the team. Running the team, day-to-day operations in the field. Ensuring the proper disbursement of critical and non-critical information. Supplement the unit supervisors. Review operation plans prior to Sergeant approval. Notifications when necessary (critical incident, out of town Ops, etc…) Make personnel assignments on operations in the field. Point of contact while on operations in the field. Advise the unit Sergeant of any personnel issues. Act as a liaison between team members and patrol supervisors during operations. Collect and disperse necessary intel. Overtime 1. Any pre-planned overtime to be worked must be approved by a supervisor. 2. To maximize the Unit’s funding, members should only apply the overtime to Robbery related functions. Unit members working city-funded overtime assignments must apply the VIS Code that identifies the overtime fund from which the funds will be derived, then include the number on the applicable time sheet. Unit Meetings 1. Unit meetings are an essential vehicle for the exchange of vital criminal intelligence and administrative information among unit members. Unit meetings are held on Wednesdays. It is the supervisor’s responsibility to ensure investigators attend. Unit members must be prepared to discuss current cases. 2. If an investigator absolutely cannot attend a meeting, his/her supervisor must be apprised. Weekly schedules must be arranged to accommodate the weekly meetings. Supervisors must advise any absent team member of the content of any missed meeting. On Call Procedures Responsibility for assisting patrol with robbery investigations after hours will belong to night detectives or the BOI on-call Detective. Case Management 1. Cases received by the Unit will be reviewed and assigned by the Sergeant acting as the Case Coordinator. In doing so, the Case Coordinator will attempt 09/18/23 3 AL  to identify patterns and string cases and will assign these cases to the same investigator. 2. In the event individual cases have been assigned to different investigator, and it is later determined that the cases are part of a string, the Case Coordinator shall re- assign the related cases to the primary (first in time) investigator handling the case. The Case Coordinator shall make the appropriate status changes in the computer files. 3. When a case is assigned, the Case Coordinator shall be responsible for entering it into Versadex. It will then be forwarded to the assigned Investigator. 4. The Case Coordinator when reviewing cases in Versadex will maintain an ongoing spreadsheet in the G drive, “Cases Assigned”. This spreadsheet will provide a quick reference as to assigned detective, case number, date and time of crime, location of crime, summary of crime, suspect description, and suspect vehicle. 5. When a case is closed, the assigned Investigator will submit it through Versadex in the Robbery Handle. The case will be reviewed by the appropriate supervisor and accepted or rejected and returned to the investigator for further investigation. All closed cases must have the detectives supplemental report. 6. Detectives will be responsible for managing their case load in Versadex. It is crucial that investigators check their assigned cases daily in order to ascertain if new cases have been received. A ninety-day due date will be assigned to all cases in Versadex. Cases older than ninety days should be updated with notes as to why the case is still open. Every effort should be made to close cases in a timely manner. 7. Case assignments should be prioritized by considering the following solvability factors: Suspect in custody Known suspect High profile cases, media interest Hate crimes Crimes against the elderly Serial cases High dollar loss High Tech commercial takeover robberies Crimes involving serious injuries of violence Home invasion robberies Multi-jurisdictional serial cases, investigative task force operations Cases with poor or sketchy information Possible suspect, partial name or moniker Possible or partial license number 09/18/23 4 AL  Victim did not see perpetrator or perpetrator was masked Victim cannot or will not ID perpetrator Uncooperative victim Case is unfounded 8. Detectives will regularly enter case notes into the Versadex system for each of their cases. This is important in the event that a question or development arises in the lead detective’s absence. A statement of facts or running affidavit should be accessible in the robbery unit’s group file or detective folder. 9. Detectives should consider maintaining a personal log of assigned cases and their dispositions, for ease of reference on old cases and for furnishing of accurate statistics when needed. 10. The Robbery Unit maintains an internal database for cases older than July 2012, which is pre-Versadex. Supervisors may access this database for these cases, which provide the following information: Case number Date, day and time of occurrence Victim’s name (person or business) Location of occurrence Type of crime (armed robbery, strong-arm, bank, extortion) Name and/or description of suspects (listed in detail) Loss (type of property and amount taken) Type of weapon (listed in detail) Type of vehicle (description and license number) Name and ID of information on arrestees (include PFN and CEN numbers) Investigator assigned Disposition Investigation Guidelines Case Notes: The case note section should include a detailed log of all investigative activities; i.e., contacts with victim(s) and witness (es), attempts to contact, interviews, supplemental written information, recorded information, and any other appropriate activity. This log will serve as a convenient reminder of work done and results, will assist supervisors or other investigators who may need to review or assist in the case, and provide a record for any administrative review. Upon completion of the case, detectives will ensure that all investigative steps taken are documented in the follow-up section of the assigned GO and attached to the case. This includes cases that are closed and not filed with the district attorney. Case information is critical in the event that further information is developed in the future and the case needs to be reopened by another detective. Case notes should be brief but include enough detail to be easily comprehensible. Telephone numbers needed for follow-up should be logged into the case note section. 09/18/23 5 AL Major Case Investigation. 1. Review Case: Detectives will clear up any discrepancies they find with the original report. Detectives may need to contact the on scene patrol officers and review Body Worn Camera Statements. Detectives will determine the status of all evidence in the case and ensure it is properly accounted for and booked into evidence. The detective should highlight important facts for ease of reference. The detective should find the following important facts in the report: ID information of victim (name, address, telephone #) Language needs of victim Whether/not victim can ID perpetrator Suspect information (name, description, etc.) Vehicle description Weapon(s) Witnesses; whether/not they can ID perpetrator Physical evidence: latent prints, photographs, surveillance photographs, videos, location of evidence recovered Property taken, serial numbers – be sure to enter into stolen property system and that all credit cards are canceled by the victim, injury, value of loss, damage 2. Back Up Detective: On major robbery sting investigations, the primary detective assigned to the case will select a back up detective. The back up detective will have a strong working knowledge of the investigation and will assist with the case. This will be beneficial during suspect interviews and during the absence of the primary detective. The Case Coordinator sergeant will be advised of the backup detective. 3. Contact Victim: Detectives will contact the Victim(s) as soon as practical after being assigned the case. Detectives will arrange a follow-up interview with Victim(s). The follow-up interviews are best done in person and should be conducted in the Robbery Interview Rooms and recorded. If this is impossible, the detective should conduct the interview(s) by telephone as soon as possible. Can the Victim identify Suspect or provide other witnesses? Are they cooperative and willing to pursue this case? Do you need to photograph their injuries? If there is no telephone number for the victim, the detective should send a letter to the victim or conduct an in-person visit to the address provided to patrol officers by the victim. The Unit secretary has a “Victim Letter” form in English, Spanish and Vietnamese. This letter introduces you as the assigned case detective, lists the case number and the Unit’s address and phone number. It asks the victim to contact the detective as soon as possible. This letter is to be scanned and attached to the GO and logged in the case notes. 09/18/23 6 AL  After the initial follow-up interview(s), the detective should maintain contact with the victim(s), to keep them apprised of the status of the case. Remembering that victims appreciate courtesy and sensitivity, the detective should express concern and genuine interest in solving the case. If needed, the detective may refer the victim(s) to the Victim/Witness Assistance Program, or a mental health care agency or professional to help cope with the trauma of the crime. The detective should leave his/her business card with the victim(s) so that the Investigator may be personally contacted in the future by the victim(s). 4. Contact Witnesses: Detectives should contact the Witness(es) as soon as possible. Detective will determine if they need to conduct a follow-up interview. These interviews should be conducted in person, as soon as practical and recorded. 5. Canvass: Detectives are encouraged to canvass the original crime scene for additional witnesses, evidence and/or video cameras. Occasionally field officers fail to locate and collect pertinent evidence. 6. Video Evidence: Detectives should view all video evidence and ensure it has been properly collected and submitted into evidence.com. If additional video evidence has been identified and needs to be collected, detectives will request the Video Technician, PICS Cars or Community Service Officers (CSO’s) to recover this evidence. All video evidence shall be uploaded into evidence.com. This permits detectives the ease of future use and reference. It alleviates numerous requests by the DA’s Office for copies of video for upcoming trial cases. 7. Physical Evidence: Detectives will review all physical evidence collected in cases. All pertinent physical evidence will be taken to the Crime Lab without delay to process for any trace evidence. 8. Latent Prints: Detectives will obtain any latent fingerprints cards submitted into evidence. These cards will be taken to Central Identification Unit for analysis and comparisons. 9. Police Sketch Artist: Detectives should consider using one of the Police Sketch Artists for a rendering of the Suspect in a case. This is especially useful with good Victims/Witnesses where no video evidence was collected. The artist is able to develop details in description of the perpetrator that may not be present in the victim(s)’ interview. After the sketch is completed, the detective should have it published in a Watch Bulletin Critical Reach flyer, other special bulletins, the media, etc. 10. Critical Reach Flyer: Detectives will create and distribute Critical Reach flyers for field officers and Allied Agencies through APB.Net. Detectives should create 09/18/23 7 AL  Critical Reach flyers as soon as possible so information about the crime can be shared with patrol units and other allied agencies. Critical Reach flyers should be uploaded to the Patrol MDC system as soon as possible. The entry should include a photograph or Police Artist sketch, and concise information necessary to alert field units. Always include this Robbery Disclaimer on All Critical Reach flyers: “This information is for Law Enforcement Purposes Only”. Detectives are encouraged to attend Patrol briefings to discuss cases, answer questions and distribute Critical Reach flyers. 11. Media for Assistance: Occasionally it is beneficial to seek the use of the media. The SJPD Public Information Officer (277-5339 or 277-5273; fax: 277-3775) can be of assistance in working with newspapers, radio and television. The detective may consider publicity through TV shows like “America’s Most Wanted,” “Unsolved Mysteries,” etc. The detective should consider publishing information about the crime in SJ Mercury’s “Crime Stoppers.” Press Releases will be created with general information of the incident. Detectives will retain specific facts of the case for investigative purposes. Many Press Releases are made with surveillance video or images of unidentified persons. Ensure that the Video Technician has put this media into proper format for the Press. All Press Releases must be approved by the Unit Commander and Captain of Bureau of Investigations. Once approved, they are sent to the Media Relations Unit for distribution. Also consider Fugitive Watch and Crime Stoppers. Rewards can be offered for anonymous tips through Crime Stoppers. 12. Records Checks and Databases: Detectives must have a strong working knowledge of the vast array of databases and information at their disposal. Detectives will run all associated parties, including Victims through appropriate systems for relevant information. 13. Photographic Line Ups: Photographic Line Ups will be presented in accordance with Duty Manual Section L4603 (Photographic Identifications) and current case law. Photographic Line Ups should be conducted in the Robbery Unit Interview rooms and recorded. All photo line ups will be uploaded into Versadex. It is highly encouraged that the original copy be booked into evidence. 14. Cell Phone Evidence: All phones collected as evidence need to be searched for relevant information, pursuant to CalECPA and Duty Manual section L4206. Once the consent or a search warrant is obtained, the cell phone should be run through Cellbrite for data and images. Verify that the phone is in airplane mode and charging. 09/18/23 8 AL  15. Vehicle Evidence: Vehicles should be processed for evidence, to include physical evidence, DNA, and latent fingerprints. Every effort will be made to have vehicles processed in the field. Vehicles towed to the warehouse will be processed as soon as possible, not to exceed 30 days. All vehicles taken to a tow yard will be processed without undue delay and will be released immediately. All detectives are responsible to know the disposition of vehicles on cases they are working. All efforts will be made to contact the registered owner and/ or designee if registered owner is in custody. 16. Social Media: Detectives will have a strong working knowledge of current social media sites and be aware of current case law regarding its use. Detectives are encouraged to contact Crime Data Intelligence Center (CDIC) for assistance. 17. Share Information: Detectives should attend BFO briefings for patrol and Special Operations to share available information. Patrol units may often be the best resource in identifying suspects. The Robbery Unit host monthly County Wide Intel Meetings. Sergeants should schedule these meetings every month. This is a great networking opportunity for detectives and sharing of information. 18. Recognizing Good Work: Detectives should report exceptional field work to the appropriate supervisor. The Unit has a form letter, which may be used to provide positive feedback. Deficiencies or problems in performance should also be addressed through the appropriate supervisor. In cases worthy of commendation, the detective should contact the appropriate supervisor to initiate a notice of good police work to be routed through the proper chain of command. An action such as this promotes good relationships among Department personnel and motivates further good work. The Robbery unit also generates a monthly newsletter “The Vault” which focuses on robbery updates and officer recognition. Sergeants should schedule this monthly assigning a detective to complete every month. 19. Additional Investigative Actions: Occasionally investigations become very complex and difficult to solve. Detectives are strongly encouraged to think outside the norm and be creative with their investigations. Some tactics that have been used successfully in the past include: Pretext Phone Calls, Informants, Surveillance, Pole/Vehicle Cameras, Cell Tower Dumps, Police Trackers, Bait Packs, Wiretaps and Varda Alarms. 20. Search Warrants/ Attachments: Detectives will upload in Versadex all search warrants and any other attachments associated to their respective case. This should be available as soon as possible in Versadex. 21. Interview Rooms: Interviews Rooms must be reserved with a unit member prior to use. The respective unit is responsible for dedicating a person to provide 09/18/23 9 AL  continuous watch and breaks. The respective unit is also responsible for cleaning after the interview. Minimum Investigative Standard 1. Detectives will review each case and clear up any discrepancies they find within the report. 2. Detectives will contact the Victim(s) as soon as practical. If there is no telephone number for the victim, the detective should send a letter to the victim or perform an in-person visit to their listed address(es). 3. Detectives will review all video evidence in the case and ensure all video evidence was collected 4. Detectives will review all physical evidence and ensure all pertinent physical evidence is taken to the crime lab for analysis within one week of receiving case. Any latent prints should be taken to Central Identification Unit for comparison or analysis as soon as practical. 5. Detectives will create a Critical Reach flyer if appropriate. Critical Reach flyers will be distributed to BFO and other agencies through APB.Net and upload to the patrol MDC system. Always include Robbery Disclaimer on all Critical Reach flyers “This information is for Law Enforcement Purposes Only”. Cases largely dependant upon results of a Critical Reach Flyer response will be closed within a reasonable amount of time. 6. Cases pending lab results will be closed in Versadex using the code “P”. This closes the case pending the results of the crime lab. At which time, the case can be reopened and the investigation will continue. Interviews and Interrogations 1. Current law allows police officers interrogating suspects to allude to incriminating evidence the officer does not actually have. However, officers do not have unlimited rein in the use of deception in such an interrogation, and the law does not permit an officer to use a technique likely to cause an innocent person to confess to a crime he or she did not commit. Officers considering such deceptions will remain abreast of current law on the topic. 2. Detectives will not prepare or use any counterfeit document during an interrogation. Specifically, no other-than-authentic document which bears the name, logo, seal, letterhead, signature or any other insignia of any real organization or person will be used for any purpose during an interview or interrogation. Detectives will use great caution in confronting a suspect with any “prop” which the detective speciously asserts incriminates that person while pursuing a confession. The use of this type of 09/18/23 10 AL  deception during an interrogation will be pointed out as such and completely described in the officer’s report of the interrogation. Any “prop” will be marked as such and retained as evidence in the case. Equipment 1. Vehicles: Vehicles will be shared by detectives who will be responsible to keep the vehicle clean and maintained in good condition. Vehicles that have been identified as “high-mileage” vehicles will not be taken out of town or used for “on-call” unless approved by the Unit Commander. Vehicle keys will be marked and hung on a hook inside the key lock box which is kept by the administrative sergeant. When the vehicle is in use, a business card will replace the keys on the hook until they are returned. Detectives are responsible for returning the keys to the appropriate hook when the vehicle is returned, or by the end of shift. Vehicles or keys will not be taken home without prior approval of a supervisor. When a vehicle assigned to the Robbery Unit is loaned to another unit, it must be approved by a supervisor. While the vehicle is out on loan, a note indicating the unit and the officer’s name and badge number shall be hung on the keys’ hook. At the supervisor discretion vehicles may be taken home under certain circumstances on a case-by-case basis. Some examples, but not limited to: Early/late search warrants, cases such as string cases which require response back to the office on off hours. 2. Cellular Phone: Cellular phones are assigned to the Lieutenant, Sergeants and Detectives. 3. Special Equipment: Hand pack radios are made available to Unit members. They will not be loaned out without the approval of a supervisor. 4. Field Equipment: It will be the responsibility of each Unit member not covered by the Exempt Officer MOU to maintain a complete uniform and all equipment. This equipment will be available to the member in the event the department should go on a tactical alert status. Each supervisor will ensure that members have the proper equipment in serviceable condition and will inspect this equipment 09/18/23 11 AL  periodically. This equipment as listed in the Duty Manual will include riot baton, helmet, face shield, gas mask and protective body armor. Evidence 1. Evidence obtained during an investigation shall be booked into Central Supply as soon as practicable. 2. Property to be evaluated by the Homicide Crime Scene Unit for the collection of specific types of physical evidence may, with the approval of a CSU supervisor or a Robbery supervisor, be temporarily booked into the CSU Technical Evidence Room. When the CSU has completed its collection and evaluation, the detective will be notified. The detective will collect and re-book the evidence into the SJPD Property Room. 3. Evidence brought into the Unit for evaluation and/or photographing will remain under the direct control of the case detective. At no time will evidence by left unsecured in the Unit, in desks or vehicles. Evidence may be stored in the Robbery Unit evidence lockers for short periods prior to it being booked in at Central Supply. Miscellaneous 1. Dress Standards: At all times, a detective shall maintain a neat and orderly appearance Standard business attire for a male detective shall be a suit or sport coat and tie A female detective will maintain comparable standard of business attire Detectives may “dress down” when an operation or training session requires. A polo or collared shirt will be required. 2. Coffee/Water Fund: The Unit members will contribute voluntarily to a fund for coffee/water for the Unit, which shall be maintained by the Unit admin. Each fund is separate. Each Unit member is requested to contribute $15 per month to cover the cost of coffee/water for members of the Unit and guests. 3. Press Releases: All Press Releases shall be approved by the Unit Commander and BOI Captain prior to release. A detective may be requested to draft a press release regarding his/her assigned case(s). A supervisor may provide technical assistance and direction. In the absence of the Unit Commander, a Unit supervisor may review and approve the press release. The supervisor will check with the SJPD Media Relations Officer and a BOI Captain prior to issuance of the release. A copy of any press release shall be distributed to the following persons: 09/18/23 12 AL  Ø Robbery Unit Commander Ø BOI Deputy Chief Ø BOI Captains Ø SJPD Media Relations Officer Ø Case file 09/18/23 13 AL  SJPD Robbery Investigations ~Administrative Sergeant Duties~ The Robbery Unit’s Administrative Sergeant is responsible for the day-to-day operations of the unit. The following list of responsibilities is not intended to be all inclusive, but merely a reference guide to the most common and typical duties performed. Although responsibility for the below items lies with the administrative sergeant, it is highly recommended that he or she delegates responsibilities as necessary to ensure all tasks are adequately addressed. It is important that the administrative sergeant continue to see the ‘big picture’ for the robbery unit, and as such operational efficiency is paramount. Delegation will ensure that operational efficiency is maintained. As the unit moves forward, many items may evolve or simply become obsolete. It is with this in mind that administration of the unit must be ever evolving as well. It is incumbent that the administrative duties be diligently carried out to ensure an efficient work environment. Efficiency will afford detectives the opportunity to work in a seamless environment and for cases to be resolved as expediently as possible. Administrative Sgt. Duties: Roll phones over at 0700hrs (front desk – call forward button) Check Versadex for cases assigned to the Robbery Unit Handle. Assign in custody cases to Officer of the Day. Assign cases for investigation/non-worker/no manpower status. Monitor video requests from detectives. Ensure DA run is completed by 1000hrs (Officer of the Day). Ensure court run is completed by 1100hrs (Officer of the Day). Coordinate unit meeting every Wednesday. Maintain ‘In Custody Officer’ schedule (Calendar). Maintain the Robbery Unit Calendar (Events, staffing, T.O., Vacation, Training, etc.). Coordinate CPT training for all unit members. Coordinate range qualification for all unit members. Manage the Robbery Unit vehicle fleet. Coordinate unit buy-in/buy-outs (reserve venue, contact members/prior members/order plaques). Disseminate ‘Intel’ reports for detective review as deemed appropriate. Monitor cases for possible ‘strings’ and ensure appropriate detectives are assigned related cases. Maintain the ‘Ramey’ and ‘Arrest Warrant’ board. Maintain the ‘Parolee Release’ notification board. Maintain Robbery Unit assigned equipment (radio, raid vest, flashlight, etc.). 09/18/23 14 AL  Coordinate new detective mentorship program and schedule training. Review and sign off on closed cases. Maintain unit operational guidelines in both electronic and hard copy (extraditions/training/in-house, etc.) Evaluate and investigate all U-Visa requests related to robbery. 09/18/23 15 AL  SJPD Robbery Investigations ~In-Custody Officer~ Historically the Robbery Unit has not had a designated ‘Officer of the Day’ or ‘In- Custody Officer’ position. While the Robbery Unit has not had an I.C.O., most other investigative units throughout the Bureau of Investigation utilize this position to ensure administrative functions, outside the duties and responsibilities of the administrative Sgt., are completed on a daily basis. Recently we have become more and more dependent on the officers that fill the Exempt Officer (Article 39) positions to take care of numerous daily administrative duties. Unfortunately, the nature of the Exempt Officer lends itself to that officer working on a day-to-day basis without any consistency in their schedule. Because of this, we have had several occasions where functions Exempt Officers routinely perform have not been taken care of while they are away either on disability or vacation. It has been determined that the Robbery Unit needs to implement an ‘In-Custody Officer’ position to ensure that administrative duties area seamlessly covered in the absence of personnel that regularly perform them. The following is a list of duties that will be performed by the I.C.O.: Prepare ‘In-Custody’ cases for submission to the District Attorney. Perform a ‘JBLT’ CJIC check for SJPD arrests related to robberies. Morning hours – conduct a D.A. run no later than 1000hrs. Ensure that all In- custody cases are signed off and placed in the court box. Take any cases directly to court from the DA’s office that need to be filed immediately. Assist with answering phone calls and answering questions from the public. The ‘In Custody Officer’ will be assigned any ‘in-progress’ crimes that occur on their assigned day. If the ‘In Custody Officer’ is not available, the Administrative Sergeant will assign another detective investigative responsibility. The “In Custody Officer” will be responsible for extraditions requested on an “OD” day when case officer is no longer an active member of the unit. The “In Custody Officer” is responsible for delivering all Trak Flyers to patrol briefing. The “In Custody Officer” will not leave the Robbery Unit until 1800 hours and is responsible for rolling the phones any time after 1800 hours. The administrative Sgt. will contact the Robbery Detectives on a monthly basis in order to determine their T.O. and Vacation plans. A monthly schedule will be distributed to the detectives and will be expected to be adhered to. If a detective is unable to staff his or her assigned shift, it will be their responsibility to ensure they coordinate with another detective to cover for them. Please address any questions to the Robbery Administrative Sergeant. 09/18/23 16 AL  People v. Estes (1983) 147 Cal.App.3d 23, 27-28 An “Estes robbery”, in a simple definition, is a shoplifting, or other type of theft, which is turned into a robbery when the suspect uses force to complete the theft. The force or threat of force must be used to make good the suspect’s theft or attempted theft. If the force is used simply to make good his or her escape or another reason then no robbery has occurred. Force must be used against the owner of the property, or an agent of the owner (i.e. clerk or security guard) Example: A suspect makes a beer run and is pursued by the clerk. The clerk catches the suspect who punches the clerk and continues his/her flight with the beer. This would constitute a robbery under People vs. Estes. Example: A suspect makes a beer run and is pursued by the clerk. The clerk catches the suspect who drops the beer and continues to run. The clerk continues his/her pursuit and the suspect turns and punches the clerk. This would NOT constitute a robbery under People vs. Estes. The forced used here is to make good the escape and not the theft. These are things the DA will consider and need to be documented in the report of any Estes Robbery. The DA would also like some notation in the report that the arresting officer personally spoke to the victims not simply relying on supportive reports ( in the case of store security reports). Thank you, The Robbery Unit 09/18/23 17 AL  3si Activations Background: “10-33i” will make BFO’s job easier. In “10-33i” activations, there is no longer a need to have a “Pro-Net” car. Any BFO officers can join in and assist. All we need is standard police work and sound tactics. 1. What is “10-33 i”? It is similar to a “10-33T”, except the tracking technology is different. The information given by 10-33i is both GPS and Cell tower based in addition to Radio Frequency (R-F). The “10-33i” device may be a money-bait package or an electronic device attached to the inside of an ATM machine. “10-33T” is still being used by other banks and credit unions. “10-33i” Is currently being used by Bank of America, Golden One and Xceed Credit Unions (2009). 2. How does it get activated? Any movement of the device. 3. What happens when the device is moved? Dispatch will receive alarm activation. Dispatch will open the “10-33i” computer menu to get GPS data from the device. Dispatch will broadcast a “10-33i” to BFO Units. 4. What information will the dispatchers give to the BFO officers? Heading: What direction and how fast the device is going? (East at 13.7 mph) Location Age: How much time the device is at a specific location? (8 seconds) Accuracy: How many feet/ distance the tracking information to the device? (63 feet) Branch: Which bank? (i.e.- Bank of America at 155 Bernal Road) Device On: How long the device has been activated and tracking? (5 mins) 5. How should BFO officers respond to a “10-33i”? Similar to a “10-33T” and/or a 211-in-progress; except there is no actual tracking device in a patrol car. Tracking information will be given by Communication. 6. Suggestions for the BFO Sergeants and officers: 10-33i is an investigative tool, not intended to replace standard police work. Train and prepare your team for these cases. 09/18/23 18 AL  Respond to the call with caution; use officer safety. Have officers go to the bank to get update and details ASAP and broadcast the info. Have other officers set up on choke points. Set up perimeters if necessary; think big scope. Set up a contact/ arrest team as the perimeter units hold. Allow the contact team to investigate clues or persons. Use teamwork: update and direct Communication, perimeter units and contact team. Look for persons or cars matching description to stop and make 10-96 and 11- 96s’. Recover device and swab for DNA; recover evidence, especially surveillance video. 7. Report Writing Considerations: Avoid using the words “GPS” or tracking device in report writing. Use the words, “Traceable Money” instead of “tracking device” in F-2 or F-3’s. Write the suspect was arrested within the perimeter instead of the “GPS” device or write, “The (S) was arrested based on the information given during the on- going investigation.” We will be transparent and testify in the court proceeding. 8. Last thoughts: Please be patient with the dispatchers and expect delays. Other training, specifically field exercises are forthcoming. I encourage BFO sergeants to provide team training. Please call me and I will coordinate with you. Thank you. 09/18/23 19 AL  “Beheler” In order to obtain a statement that will be admissible at trial to prove guilt, Miranda advisements must be given only if the person about to be questioned is in "custody." (Morris (1991) 53 Cal.3d 152, 197; Spears (1991) 228 Cal.App.3d 1, 23.) "Custody" exists for Miranda purposes when two requirements are met: - the suspect must in fact have been formally arrested or had his freedom restrained to a degree associated with a formal arrest (Stansbury (1994) 511 U.S. 318; Beheler (1983) 463 U.S. 1121, 1125; Esqueda (1993) 17 Cal.App.4th 1450, 1481; Ochoa (1998) 19 Cal.4th 353, 401; Norris (9th Cir. 2005) 428 F.3d 907, 912); and - the suspect must personally be aware of this lack of freedom or reasonably believe that it exists (Beheler (1983) 463 U.S. 1121, 1125; Green (1985) 40 Cal.3d 126, 133-134; Mazza (1985) 175 Cal.App.3d 836; Valdivia (1986) 180 Cal.App.3d 657; Breault (1990) 223 Cal.App.3d 125). In the words of the United States Supreme Court, "the ultimate inquiry is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest." (Stansbury (1994) 511 U.S. 318, 322, quoting from Beheler (1983) 463 U.S. 1121, 1125; Joseph R. (1998) 65 Cal.App.4th 954, 960.) Furthermore, this question must be assessed objectively, which means two things. First, custody is based on how a reasonable person in the suspect’s situation would perceive his or her own circumstances. Second, in making a custody determination, officers are only expected to be aware of and take into account, objectively apparent facts. Officers are not expected to anticipate the "frailties or idiosyncrasies of every person whom they question." (Berkemer (1984) 468 U.S. 420, 442, fn. 2.) For example, police officers cannot be expected to be aware of a suspect’s prior experience with law enforcement and speculate as to how that experience affects the suspect’s own perception as to whether he is in custody. Similarly, officers cannot be expected to take into account the juvenile status of a 17-year-old suspect if the suspect’s appearance does not suggest youth. (Alvarado (2004) 541 U.S. 652.) Neither the thoughts of the suspect nor the undisclosed thoughts of the officer make any difference. "Our decisions make clear that the initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned." (Stansbury (1994) 511 U.S. 318, 323; Carpenter (1997) 15 Cal.4th 312, 384; Stansbury (1995) 9 Cal.4th 824, 830.) Thus, the fact that the suspect may be the "focus" of the police investigation makes absolutely no difference; you do not have to give Miranda warnings just because you now believe you are talking to the perpetrator. "It is well settled, then, that a police officer's subjective view that the individual under questioning is a suspect, if undisclosed, does not bear upon the question whether the individual is in custody for purposes of Miranda." 09/18/23 20 AL (Stansbury (1994) 511 U.S. 318, 324; Carpenter (1997) 15 Cal.4th 312, 384; Stansbury (1995) 9 Cal.4th 824, 830.) An officer's knowledge or beliefs bear upon the question of custody only if they are conveyed, by word or deed, to the individual being questioned. "Those beliefs are relevant only to the extent they would affect how a reasonable person in the position of the individual being questioned would gauge the breadth of his or her 'freedom of action.'" (Stansbury (1994) 511 U.S. 318, 325.) Whether or not the interrogation takes place at a police station makes a crucial difference in the determination of "custody." Miranda "custody" will exist at a police station if someone in the suspect's place, based on the objective circumstances (i.e., what's been said, who is present, what the physical set-up is, etc.) would reasonably believe that he is not free to leave. In other words, if you "detain" a suspect at the police station, that person is in "custody" and should be advised per Miranda before any interrogation takes place. "Free to leave" is the key consideration at a police station. (Beheler (1983) 463 U.S. 1121, 1125; Holloway (2004) 33 Cal.4th 96, 120-121; Aguilera (1996) 51 Cal.App.4th 1151, 1161-1166.) On the other hand, at virtually any other location, there is no Miranda custody unless the person has been arrested or subjected to equivalent restraints on his freedom of movement. Thus, away from a police station, you may "detain" a person--which means the person is not free to leave-–and yet not have to Mirandize that person, as long as the suspect has not actually been arrested or subjected to equivalent restraints. It is critical to note that Miranda custody is not synonymous with "custody" under the Fourth Amendment. "Persons temporarily detained are not 'in custody' for the purposes of Miranda." (Berkemer (1984) 468 U.S. 420, 430-433.) In short, at any location other than a police station, the key is "actual arrest or equivalent restraints" rather than the application of the "free to leave" test. (Stansbury (1994) 511 U.S. 318, 322; Beheler (1983) 463 U.S. 1121, 1125; Coutchavlis (9th Cir. 2001) 260 F.3d 1149, 1157-1158; Joseph R. (1998) 65 Cal.App.4th 954.) 09/18/23 21 AL 09/18/23 22 AL 09/18/23 23 AL