Hollywood Police Department SOP #246 Crimes Against Persons PDF

HOLLYWOOD POLICE DEPARTMENT SOP #246 CRIMES AGAINST PERSONS ORIGINATION DATE: 04/27/2001 REVISED DATE: 07/19...

HOLLYWOOD POLICE DEPARTMENT SOP #246 CRIMES AGAINST PERSONS ORIGINATION DATE: 04/27/2001 REVISED DATE: 07/19/2017 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: This SOP establishes general guidelines and procedures for the initial responding Officer to follow when investigating crimes against persons incidents. This SOP is intended to outline the procedures for handling crimes against persons incidents not covered in other Departmental SOPs. SCOPE: This SOP applies to all Members of the Department. POLICY: The investigation of crimes committed against persons is a top priority of the Department. These crimes will be completely and professionally investigated with the protection of persons and the arrest of perpetrators as the ultimate goals. INDEX: PROCEDURE:.............................................................................................................................................. 2 I. INFORMATIONAL RESOURCES.......................................................................................................... 2 A. FLORIDA CRIMINAL LAW HANDBOOK:..................................................................................................... 2 B. DEPARTMENTAL SOPS:........................................................................................................................ 2 II. REQUIRED PROCEDURES & REPORTS............................................................................................ 2 A. GENERAL PROCEDURES:...................................................................................................................... 2 B. REQUIRED REPORTS:........................................................................................................................... 2 III. DEATH INVESTIGATIONS.................................................................................................................... 3 IV. ROBBERY.............................................................................................................................................. 3 A. OFFICERS RESPONSIBILITIES:............................................................................................................... 3 B. W ITNESS CONTACTS:........................................................................................................................... 3 V. ASSAULT AND BATTERY.................................................................................................................... 3 A. ASSAULT (FSS 784.011):..................................................................................................................... 3 B. AGGRAVATED ASSAULT (FSS 784.021):............................................................................................... 4 C. BATTERY (FSS 784.03):....................................................................................................................... 4 D. AGGRAVATED BATTERY (FSS 784.045):............................................................................................... 4 VI. SEXUAL BATTERY............................................................................................................................... 5 VII. DOMESTIC/DATING VIOLENCE.......................................................................................................... 5 SOP #246 Crimes Against Persons Page 1 of 6 VIII. CHILD ABUSE AND NEGLECT............................................................................................................ 5 IX. ARSON................................................................................................................................................... 5 A. CONTROL OF OPERATIONS:................................................................................................................... 5 B. INVESTIGATIVE PROCEDURES:............................................................................................................... 5 X. HATE CRIME REPORTING................................................................................................................... 5 A. DEFINITION:.......................................................................................................................................... 5 B. REPORTING REQUIREMENTS:................................................................................................................ 5 C. FLORIDA HATE CRIME STATISTICAL REPORT FORM:............................................................................... 6 PROCEDURE: I. INFORMATIONAL RESOURCES A. Florida Criminal Law Handbook: Florida State Statute defines the legal elements and statutory requirements of each crime addressed in this SOP. Officers are to refer to the Florida Criminal Law Handbook and Hollywood Police Department Legal Bulletins for further guidance and information. B. Departmental SOPs: The following Departmental SOPs contain comprehensive procedures and guidelines specific to, or in enhancement of the topics covered in this SOP. Members will refer to the following SOPs as needed. 1. Death Investigations SOP #247. 2. Domestic/Dating Violence SOP #250. 3. Sexual Battery Investigations SOP #249. 4. Criminal Investigations SOP #245. 5. Property & Evidence SOP #270. 6. Arrest Procedures SOP #203. II. REQUIRED PROCEDURES & REPORTS A. General Procedures: The following procedures will be followed in all cases involving crimes committed against persons. 1. The care and treatment of victims will be the first concern of the Officer arriving to investigate any crimes against persons incident. 2. The protection of crime scenes and the preservation, collection and submission of evidence will be conducted in accordance with the guidelines and procedures established in SOP #245 Criminal Investigations and SOP #270 Property and Evidence. 3. Officers are encouraged to use all resources available to aid victims of crime or to make proper referrals to other Agencies. The Department’s Victim Advocate Unit is available for assistance on a 24-hour basis. 4. Officers will locate all witnesses and broadcast B.O.L.O. descriptions of suspects, vehicles, weapons, direction of travel, etc., when applicable. B. Required Reports: A Mobile Field Report is required on all crimes against persons incidents. The Mobile Field Report will be called in on a priority basis in the following instances: 1. All Felony Arrests. SOP #246 Crimes Against Persons Page 2 of 6  2. Robbery. 3. Homicide. 4. Sexual Battery. 5. Aggravated Assault or Aggravated Battery. 6. Burglary when an Assault or Battery occurred. 7. Kidnapping and/or False Imprisonment. 8. Domestic/Dating Violence. 9. Child Abuse/Neglect. 10. Hate Crime III. DEATH INVESTIGATIONS Members will refer to the SOP #247 Death Investigations. IV. ROBBERY The elements of the crime of robbery are described in the current Florida Criminal Law Handbook. A. Officers Responsibilities: The following procedures will be followed when dispatched to the scene of a robbery: 1. Officers should consider the suspect’s possible avenues of escape while enroute to the scene. 2. Officers will identify and briefly question witnesses to obtain a suspect description and broadcast a BOLO as soon as possible. 3. If the robbery occurred at a place of business, access to the crime scene area will be restricted to the degree possible to preserve the crime scene and facilitate the Police investigation. 4. A Supervisor will be notified of all robberies. 5. The Crime Scene Investigations (CSI) Unit will be requested to respond to the scene for processing. B. Witness Contacts: The following procedure will be followed when interviewing a witness at a robbery scene. 1. Officers will attempt to keep the victim and all witnesses separated from one another so they do not compare descriptions of the suspect(s) or vehicle(s) involved. 2. The identity of witnesses should be verified by picture I.D., whenever possible. Their name, address, date of birth, home and work telephone numbers should be obtained. V. ASSAULT AND BATTERY A. Assault (FSS 784.011): The elements of the crime of assault are described in the current Florida Criminal Law Handbook. In non-domestic violence cases, if the assault is not committed in the Officer's presence, the victim will be advised of his right to secure a warrant from the State Attorney's Office. Additionally, Officers will provide the victim the Form, "Procedures for Filing a Misdemeanor Warrant". The Officer will provide the victim with the complaint number of the incident. SOP #246 Crimes Against Persons Page 3 of 6  B. Aggravated Assault (FSS 784.021): The elements of the crime of aggravated assault are described in the current Florida Criminal Law Handbook. 1. The crime scene will be preserved in accordance with established Departmental SOPs. 2. If the weapon involved is a firearm, it will be necessary to have the firearm test fired and/or examined in accordance with policy as outlined in the SOP #270 Property and Evidence. C. Battery (FSS 784.03): The elements of the crime of battery are described in the current Florida Criminal Law Handbook. 1. A Law Enforcement Officer may make an arrest for battery if probable cause exists, regardless of whether the Officer witnessed the battery. a. Corroborating evidence should exist to support the victim’s claim, and b. The suspect must still be on scene, or in close proximity to the scene. 2. If the battery is not committed in the Officer's presence, and the Officer does not possess probable cause to arrest, or conflicting statements or other circumstances dictate that an immediate arrest would not be prudent, an arrest will not be made. Officers will be guided as follows: a. The victim will be advised of his right to secure a warrant from the State Attorney's Office. b. The Officer will provide the victim with the Form, "Procedures for Obtaining a Misdemeanor Warrant". c. The Officer will provide the victim with the case number of the incident. D. Aggravated Battery (FSS 784.045): The elements of the crime of aggravated battery are described in the current Florida Criminal Law Handbook. 1. If serious bodily injury or the possibility of death exists, a Patrol Sergeant will be notified to respond to the scene. 2. The Shift Lieutenant will determine the necessity for summoning a Detective to the scene. 3. The crime scene will be preserved and the CSI Unit will be requested to respond to process the scene and photograph the victim’s injuries. 4. If the injuries sustained may result in the victim’s death, the victim's clothing will be secured and taken into custody by a Crime Scene Investigator in accordance with proper evidence collection guidelines. 5. If the weapon involved is a firearm, it will be necessary to have this firearm test fired and/or examined in accordance with the SOP #270 Property and Evidence. 6. In all cases where the victim of the battery is a Police Officer and charges of Battery on a Law Enforcement Officer and/or Resisting Arrest with Violence are to be filed, the case will be filed in person by the victim Officer. The following documentation will be required: a. An audio statement from the victim Officer, other Officer(s) and/or civilian witnesses. b. Photographs of any visible physical injury. c. A report or statement from the treating physician along with any medical bills, the Police report, and the Probable Cause Affidavit. SOP #246 Crimes Against Persons Page 4 of 6 VI. SEXUAL BATTERY The elements of Sexual Battery Crimes are described in the current Florida Criminal Law Enforcement Handbook. Members will refer to SOP #249 Sexual Battery Investigations for further information and guidance. VII. DOMESTIC/DATING VIOLENCE The elements of Domestic and Dating Violence Crimes are described in the current Florida Criminal Law Handbook. Members will refer to SOP #250 Domestic/Dating Violence for further information and guidance. VIII. CHILD ABUSE AND NEGLECT The elements of Child Abuse and Neglect are described in the current Florida Criminal Law handbook. Members will refer to SOP #253 Child Abuse/Neglect for further information and guidance. IX. ARSON The elements of the crime of Arson are described in the current Florida Criminal Law Handbook. A. Control of Operations: The highest-ranking Fire Department Member on scene will be in charge during fire-fighting operations. When fire-fighting operations are completed, the scene will be released to Fire and Police Arson Investigators. B. Investigative Procedures: The following procedures will be followed whenever there has been a fire and arson is suspected as the cause: 1. At all in progress or suspected arson scenes, the Fire Department will be notified and the crime scene secured. Only those personnel directly involved in the investigation will be allowed inside the crime scene. 2. A Uniformed Officer assigned by the Patrol Supervisor will maintain a Crime Scene Admission Log. 3. The Investigative Services Section / Arson Unit will be notified immediately and a joint investigation with the Fire Department will be conducted. The CSI Unit will be called to process the scene. X. HATE CRIME REPORTING A. Definition: The Florida Legislature defines a Hate Crime as a committed or attempted act by any person or group of persons against a person or the property of another person or group, which in any way constitutes an expression of hatred toward the victim because of his personal characteristics. Personal characteristics include race/color, religion or ethnicity/ancestry/national origin. The mention of a prejudiced remark does not necessarily make a criminal incident hate-motivated. Law Enforcement Officers must rely on their investigative judgement and use probable cause standards to assist them in determining whether a specific incident constitutes a hate motivated crime. Statements of victims and/or witnesses, as well as physical evidence, may be used to make this determination. B. Reporting Requirements: Members investigating reported hate crimes will complete a Mobile Field Report regardless of whether the offense was committed or attempted. 1. Mobile Field Reports documenting hate crimes will be completed on a priority basis. 2. When a hate crime involves more than one distinct offense, the most serious offense will be listed as the primary offense. SOP #246 Crimes Against Persons Page 5 of 6  3. The Police Operations Technician will generate a monthly hate crimes report and submit it to the Homicide Unit Supervisor for review. 4. The Homicide Unit Supervisor will ensure all properly classified hate crimes are assigned for investigation. C. Florida Hate Crime Statistical Report Form: The Florida Hate Crime Statistical Report Form (see Appendix A) will be completed in all instances where an investigation determines that the motivation behind the criminal act was “hate related”. 1. The Hollywood Police Department case number will be used as the case number on the Form. 2. The Police Operations Technician will electronically submit the Form monthly to F.D.L.E via ucr.fdle.state.fl.us/ucr or CJNET via web.flcjn.net/ucr. 3. The Homicide Unit Supervisor will ensure the Form is completed in its entirety and successfully submitted to F.D.L.E monthly. ATTACHMENTS: Appendix A: Florida Hate Crime Statistical Report Form SOP #246 Crimes Against Persons Page 6 of 6 Page 1 of 1 246 Appendix A