UNIFORM PATROL CRIMINAL.pdf

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 08-24-18 UNIFORM PATROL CRIMINAL INVESTIGATION RESPONSIBILITIES CFA Standard(s) PGO 8120.00 “Staff Duty Officer-Major Incident Notification” PGO 8402.00 “Arrest Procedures” PGO 8453.00 “Incident Command” Reevaluation As Necessary Appl...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 08-24-18 UNIFORM PATROL CRIMINAL INVESTIGATION RESPONSIBILITIES CFA Standard(s) PGO 8120.00 “Staff Duty Officer-Major Incident Notification” PGO 8402.00 “Arrest Procedures” PGO 8453.00 “Incident Command” Reevaluation As Necessary Application All Employees 8609.00 ❑ New ❑ Rescinds Subject Reference Number Amends 01-01-17 Reviewer/Approved by McKinley Related Forms / Bulletins 2009.012-B Suspect Information Form PURPOSE: The purpose of this policy is to establish guidelines that will result in thorough, appropriate and effective criminal investigations focusing on those preliminary investigations conducted by uniformed patrol and to provide guidance on patrol follow-up of a case or the forwarding of such report to a detective. DISCUSSION: It is the policy of the department to render aid to victims of crime and conduct appropriate criminal investigations. Following the protection of life and property, the ultimate objective of a criminal investigation is to present to a court of law both the suspect and convincing physical evidence. The success or failure of these efforts are closely related to the actions initiated by department members at the time the crime is brought to their attention. What the initial responding member does, or fails to do, in the critical early stages may well determine the future course of the investigation. The facts that are obtained and the evidence that is uncovered and protected are all instrumental in directing the investigation to a successful conclusion. Investigations begin upon the first notification that a crime may have been committed and end when the case is solved and the perpetrator has been arrested, prosecuted, or otherwise resolved. Each member participating in the investigation must understand their responsibilities and the parameters under which they must operate. Uniform Patrol Criminal Investigation Responsibilities Page 1 of 13 Nothing in this Order precludes it from being pertinent to a detective, if such detective is the initial investigating member of such investigation, and nothing precludes field services members from complying with PGO 8572.00, if such member retains the case and is responsible for appropriate follow-up. Investigating criminal activity is complex and members have considerable latitude in this Order's execution when it is in the best interest of the law and justice. POLICY / PROCEDURE: I. General Provision: A. Determining Case Assignment: 1. The first members taking a report of a crime or discovering a crime is, more often than not, a member of the field services division (uniformed patrol). Such members should consider the type of case, the complexity of the crime, and availability and locations of witnesses and suspects during their investigation when considering whether to handle the case themselves or notify the on-call detective. The initial member investigating will consult with his or her supervisor and contact a detective if the situation warrants. 2. Generally, a detective will be notified when the case is a major property crime, a major person’s crime, is complex, newsworthy, or may be in need of time sensitive follow-up. Specific crime types and orders addressing such crimes may identify particular triggers for notifying a detective. Upon the notification of the on-call staff duty officer for major cases or events, a member's supervisor may consult as to whether a detective's response may be appropriate. Such cases include the following: a. Cases where the suspect is out of the general area. b. Cases where significant follow-up is needed (multiple witnesses, detailed interviews, laboratory examination, etc.) c. Serious Crimes: 1) Homicide Uniform Patrol Criminal Investigation Responsibilities Page 2 of 13 2) Sexual Battery 3) Robbery 4) Aggravated Battery 5) Child Abuse 6) Elderly Abuse 7) Arson 3. If a detective is notified and accepts the case, he or she will be responsible for the follow-up and will work on the case in accordance with PGO 8572.00. Absent a detective immediately taking the case, the originating member is responsible for handling such case until he or she relinquishes the case and forwards it to either the general or strategic investigations sections. B. Determination if a Crime was Committed: 1. The major objective of the preliminary investigation is to determine whether or not a crime has been committed and, if so, what classification of crime. 2. This may require a rapid evaluation based upon a visual inspection of the scene and/or by interviewing the victim and witnesses. This procedure enables determination as to whether the incident is civil or criminal in nature. 3. Members should be observant of all conditions surrounding the incident, determine all events and remarks leading to and involved in the incident, and prepare notes relative to the crime. Any written notes prepared are subject to retention or possible introduction as evidence during a subsequent criminal trial. C. Command and Control of a Crime Scene: 1. Scenes will be handled in accordance with National Incident Management Command Protocols. 2. Only one person can be in charge of a crime scene investigation. At any crime scene, there must be a clear understanding of who will assume supervisory responsibility. 3. Crime scene authority is assigned in the following manner and order: Uniform Patrol Criminal Investigation Responsibilities Page 3 of 13 a. The first member on the scene is in charge until duly relieved by a supervisor, who then assumes such responsibility. b. When a detective is assigned to a crime scene, he or she assumes complete charge of the scene and the investigation. No department personnel will be relieved until authorized by the detective. c. If he or she arrives on the scene without being called or assigned, the detective may take complete charge by announcing the intention to all department members present, or may choose to merely offer assistance to the member in charge. 4. The member in charge will coordinate the collection of evidence and evidence will be collected in accordance with Property and Evidence Orders. On call crime scene personnel may be called out for major events with supervisory approval. II. Responding Member's Responsibilities While Conducting Preliminary Investigations: A. Constitutional Requirements: 1. Members will ensure compliance with constitutional requirements during all criminal investigations to include interviews, interrogations and access to counsel. 2. Members will be guided by Chapter 901, Florida Statute, the procedures outlined within this Order, and the procedures and guidelines promulgated within the various sections of the department's Procedural General Orders related to legal and constitutional issues. 3. Members should consider, when dealing with those persons suspected of having a mental illness or other issue in which they may not be able to understand their rights (and thus effectively waive them), contact shall be made with a crisis intervention team member or a supervisor for guidance. Such contact on the street, as well as during interviews and interrogations, may not lead to legitimate information for a successful conclusion to the case. Uniform Patrol Criminal Investigation Responsibilities Page 4 of 13 4. Members should not consider this section a hindrance to a member's actions necessary during exigent or life threatening circumstances. B. The preliminary investigation begins when the first member arrives on the scene of a crime. Responding members may use the procedures established below as an investigative checklist. 1. Primary Responsibilities: a. The first responding member to arrive at the scene of a crime or other police incident is responsible for, but not limited to, the following primary responsibilities: 1) Summoning medical assistance and administering first aid. a) The first member to arrive at a crime scene will render aid to any injured person. b) Members must make an initial determination in order to balance the perpetrator's escape with the need to render aid. It may be a priority to prevent the escape of, or further damage by, an active shooter rather than stop to render aid in such an exigent circumstance to prevent further injury or death. c) For most practical matters, however, the priority is on the victim's life safety and aid may be rendered, if necessary, even at the risk of the offender's escape. 2) Protecting life and property and minimizing an escalation of the event. b. Secondary Responsibilities: 1) The following steps will be followed when conducting preliminary investigations: a) Securing and maintaining the crime scene and protecting evidence. b) Observing all conditions, events, and remarks. c) Locating and identifying witnesses. Uniform Patrol Criminal Investigation Responsibilities Page 5 of 13 d) Interviewing the complainant and witnesses. e) Interviewing the suspect. f) Interviewing fire department personnel and other responders to ascertain if they have moved or damaged any items of evidentiary value. (The appropriate information will be incorporated into the reporting member’s incident report.) g) Arranging for the collection of evidence. h) Arresting the suspect. (Members should consider arrest vs. filing on a subject when investigating major cases.) i) Notifying detectives and supervisors. j) Reporting the incident fully and accurately. III. Investigative Process: A. Locating and identifying witnesses: 1. Members will conduct an area canvas to locate witnesses and possible video recording devices. 2. A member’s business card should be left at locations where contact could not be accomplished. 3. Members should verify the identity of witnesses by obtaining a valid form of identification, such as a driver’s license. 4. Document all pertinent addresses and phone numbers. 5. Obtain accurate descriptions of persons and vehicles involved. 6. Keep witnesses separated in order to maintain the integrity of the information obtained. 7. Unless exigent circumstances exist, members should not read Miranda Warnings or interrogate suspects when a detective will respond or the member believes a detective would desire to interrogate the suspect. Uniform Patrol Criminal Investigation Responsibilities Page 6 of 13 B. Members will fully and accurately report all information that is pertinent to the investigation on an incident report. Supplemental reports will be completed by assisting members and required forms will be completed, as applicable. C. Identification and Apprehension of Suspects: 1. If the suspect has fled the crime scene, members will attempt to secure the suspect’s age, height, weight, build, color of hair and eyes, complexion, racial descent, scars and marks, oddities in appearance, and clothing worn. In addition to a physical description, determine the type of weapon used, direction and method of flight, and the nature of any property taken. If the crime is a felony, this information must be relayed to communications for broadcast to other department units and other law enforcement agencies. 2. Members will be guided by Federal, State, County and City Laws, and the procedures and guidelines established in PGO 8402.00 when effecting an arrest. D. Interviews: 1. General Provisions: a. Members will conduct interviews that will effectively extract pertinent information. 1) If an interview occurs at the station, it is recommended that the interview be conducted in a designated interview room. 2) It is recommended that no more than two members conduct the interview. At a minimum, members will comply with agency policy regarding interview rooms. b. The interview may be accusatory or non-accusatory in nature. c. The interviewer should attempt to develop a rapport with the person interviewed. 1) Don’t suggest answers. 2) Note verbal and non-verbal language. 3) Speak in a clear and concise manner. 4) Provide for the availability of a translator, if applicable. Uniform Patrol Criminal Investigation Responsibilities Page 7 of 13 2. Prohibitions: a. Subjects will not be subjected to unusually long interview periods. b. Subjects will not be denied necessities such as water, food, or use of facilities. c. Subjects will not be subjected to physical abuse or threats. d. Inducements or promises will not be used to extract information from the interviewed party. 3. Dying Declarations: a. It is important that a member accompany the ambulance crew transporting a critical victim to the hospital, leaving the protection of the crime scene to assisting members. This member must position him/herself near to the injured person in order to listen for any spontaneous utterances which may assist in the investigation. A seriously injured person, regaining consciousness for even a brief period of time, can often provide valuable information. Accusations made by a person may qualify as a dying declaration. b. Under the law, dying declarations have the sanctity of an oath and are exceptions to the hearsay rule, since it is reasoned that a person realizing he/she is about to die will state the truth. When the victim believes he/she is going to die and has given up all hope of recovery and thereafter makes certain accusations to the member, the accusations may be entered into testimony by the member who is present when the utterances are made. The response of the victim relative to the motive and cause of the injury may be written or oral, or may be conveyed by any act, sign, or signal equivalent to an oral statement. However, only those statements relating to the cause of death are admissible in evidence. 4. Documentation: a. The statement will be signed by the suspect and witnessed by the interviewer. Uniform Patrol Criminal Investigation Responsibilities Page 8 of 13 b. The time and date the statement was completed will be noted, and notarized or witnessed. c. Each page of the statement will be read and initialed by the interviewer. d. The original document will be submitted to records. e. The member should note in the appropriate reports, the condition of the witness at the time of the interview. f. Witness statements should be fully documented. A sworn statement obtained in writing, audio, and/or video recording should be considered. g. Reluctant witnesses may be subpoenaed for an interview by the State Attorney’s Office, when necessary. 5. Complainants and Witnesses: a. General Considerations: 1) Members will interview complainants and witnesses to prove or disprove reported information, obtain facts, and gain additional knowledge. 2) Witnesses need to be isolated from each other so their stories will not be influenced by others. They must also be warned not to discuss the events among themselves. Interviews of witnesses should be conducted at a location that provides reasonable comfort for the people involved. 3) Witnesses with seemingly important information must be asked to remain at the scene for a more formal interview. Others may be released after their names and addresses have been taken for future reference. 6. Suspect(s): a. Interviews and interrogations with suspects will be conducted in accordance with established State and Federal Law, and in compliance with constitutional requirements: Uniform Patrol Criminal Investigation Responsibilities Page 9 of 13 1) The investigating member should have the suspect read and sign the form identifying his or her rights prior to questioning. 2) The time, date, location, and the member administering the Miranda warnings will be noted in the report. 3) Prior to advising a person of their rights, members are to advise the person of the nature of the investigation. 4) Members will not make any promises or offer any inducements to lead a person to waive constitutional rights or to make a statement. 5) The member is not to initiate further conversation with a person once he invokes the right to have counsel present or decides not to make a statement. Only if the person makes an overture, or initiates further conversation, may questioning be reinitiated. IV. Case Documentation and Patrol Follow-up: A. Case Dispositions: 1. Cleared by Arrest: Cases are cleared in this manner when a member (or other agency) makes an arrest when at least one person is arrested and charged with the commission of the offense and turned over to the legal system for prosecution. 2. Exceptional Clearance: Cases are exceptionally cleared when the member is not able to make an arrest, but has done everything possible to clear the case, however, circumstances prevent charges from being filed. a. Considerations are such that the investigation has definitively established the identity of the offender, there is enough information to support an arrest and prosecution, the location of the offender is known, but there is some overriding reason the offender cannot be taken it custody. Uniform Patrol Criminal Investigation Responsibilities Page 10 of 13 b. Such reasons may include: the death of the offender, the offender cannot be extradited, the victim or witness refuse to cooperate, the subject is arrested on the primary offense and not charged with lessor offenses (the State Attorney decides not to prosecute on some of the lesser cases), or prosecution is declined by the SAO. Another such reason is if a juvenile is identified as the perpetrator but APD utilizes the restorative justice program or Juvenile Civil Citation in lieu of an arrest. 3. Unfounded: Cases are cleared in this manner when a complaint is received which is later found to be untrue or the reported crime was not committed. 4. Open: Cases are not set as pending when the original report is submitted, but the case has not been solved or cleared. The case is left pending when interviews or leads are expected to be developed or are actively being sought by the assigned member. 5. Closed: When the investigation is not considered a crime and has been successfully handled and is no longer active. Such investigations may include those of a missing person where there has been no foul play, and the missing person is subsequently found or located. 6. Forward to SAO: When a suspected is developed and the member is able to charge him or her, but the suspect's location is not known (or the probable cause is cold) he can forward a charging document to the State Attorney for a warrant to be issued. Such a case is complete, awaiting the arrest of the subject. 7. B. Inactive: A case that is placed inactive has no developable leads or suspects. Patrol Follow-up: 1. Except for cases turned over to a detective immediately (i.e. a detective is called out and takes control of the investigation), members who take cases shall be responsible for such case until it is relinquished to a member of either the general or strategic investigations sections. 2. Cases held by field services members will have the following action: Uniform Patrol Criminal Investigation Responsibilities Page 11 of 13 a. Inactive: 1) Cases lacking the following criteria may be placed inactive: a) Suspects b) Witnesses c) Traceable Property d) Significant Modus Operandi e) Significant Physical Evidence 2) The lack of the above listed information will be noted within the narrative of the report. b. Active: 1) Active cases held by the field unit will be investigated as follows: a) Interview/re-interview witnesses to the crime. b) Identify a suspect. c) Locate the suspect. d) Identify or locate the suspect vehicle. e) Re-contact the victim and discover additional information. f) Find evidence not identified at the time of the report. 2) Cases not solved by patrol within fourteen (14) days will be placed inactive or forwarded to a detective with the approval of the supervisor. a) Cases are generally placed inactive within the first thirty (30) days of reporting unless the case is actively being investigated. b) Active investigation includes the continuing development of leads, witnesses, suspects, or the investigating member is awaiting lab, toxicology, or other investigative reports. Uniform Patrol Criminal Investigation Responsibilities Page 12 of 13 3) If the report is to be forwarded to a detective, a supplemental report will be submitted to records within fourteen (14) days and the follow-up the member conducted will be clearly articulated. 4) If the report is to be changed to an 'inactive' status it shall have a supplemental report identifying such status and the reasons for such status. a) The supplement will identify the actions taken by the member (documenting dates, times, contact or attempts to contact, along with any other pertinent information) and that the case is being placed in an inactive status until further leads develop. b) Criteria for inactivating criminal investigations: i. The absence of further leads or solvability factors. ii. Unavailability of investigative resources. iii. The case significance or insufficient degree of seriousness. c) When new information or evidence is developed which upgrades the assignment value of a previously inactivated case, it may be re-opened. C. Victim Notification: 1. Victims of crimes will be kept informed of the current investigative status. 2. It will be the investigating member's responsibility to ensure victims are notified of any changes in the case status including the arrest of any suspect. 3. When a case is inactivated for any reason, the victim will be notified and such notification will be documented in the supplemental report. By Order of: Michael McKinley, Police Chief Uniform Patrol Criminal Investigation Responsibilities Page 13 of 13