Policy Text
Policy Delano Police Department
600 Delano PD Policy Manual
Investigation and Prosecution
600.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and
disposition of criminal investigations.
600.2 POLICY
It is the policy of the Delano Police Department to investigate crimes thoroughly and with due
diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to
a prosecutor.
600.3 CUSTODIAL REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning,
unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with
the Temporary Custody of Juveniles Policy.
600.3.1 AUDIO/VIDEO RECORDINGS
Any custodial interrogation of an individual who is suspected of having committed any violent
felony offense should be recorded (audio or video with audio as available) in its entirety.
Regardless of where the interrogation occurs, every reasonable effort should be made to secure
functional recording equipment to accomplish such recordings.
Consideration should also be given to recording a custodial interrogation, or any investigative
interview, for any other offense when it is reasonable to believe it would be appropriate and
beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written
authorization from the prosecuting attorney and the Investigative Bureau supervisor. Copies of
recorded interrogations or interviews may be made in the same or a different format as the original
recording, provided the copies are true, accurate and complete and are made only for authorized
and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews. Written
statements from suspects should continue to be obtained when applicable.
600.3.2 MANDATORY RECORDING OF ADULTS
Any custodial interrogation of an adult who is suspected of having committed any murder shall
be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal
Code § 859.5).
This recording is not mandatory when (Penal Code § 859.5):
(a) Recording is not feasible because of exigent circumstances that are later documented
in a report.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Investigation and Prosecution - 1
Published with permission by Delano Police Department