Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Stalking Investigations CALEA Chapter 55.1.1.a
PRIOR REVISIONS:
PROPONENT UNIT N/A
Criminal Investigations Division
ATTACHMENT:
None
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
40.31 07/21/2020 New 4
I. PURPOSE: The purpose of this order is to provide Department members with a set procedures
for investigating and reporting stalking. This order provides department members with
information on the scope and nature of stalking, its primary characteristics, and measures that
can be taken to assist victims and identify suspects. This order includes provisions of FSS
784.048.
II. DISCUSSION: Stalking involves a pattern of overtly criminal and/or seemingly innocent
behavior that makes victims fear for their safety. Individually, these actions alone may not be
criminal, but taken in context, or as a pattern of behavior, they may meet the statutory definition
for the crime of stalking. The correlation between stalking and violence is a serious concern,
particularly in intimate partner violence.
III. POLICY: The Gainesville Police Department shall thoroughly investigate incidents of stalking to
protect victims and provide them with support services. The initial investigative report will gather
information on the victim’s circumstances to be considered in context with the behavior of the
suspect. Additionally, the report should include evidence collection and a victim threat
assessment. The Gainesville Police Department shall attempt to identify victims and gather all
relevant information and evidence necessary to determine whether probable cause exists to
believe a crime of stalking has occurred. This includes any past stalking behaviors or incidents
alleged by the complainant to have been committed by the suspect.
IV. DEFINITIONS: Please refer to FSS 784.048 for statutory definitions related to Stalking and
Cyberstalking.
V. PROCEDURE:
A. Investigating Stalking/Cyberstalking: Members initially assigned to investigate
stalking/cyberstalking shall thoroughly and properly conduct an investigation, which shall
include an initial assessment, an on-scene investigation, and a follow up:
1. Assessment:
Scope: Sworn Department Members\, PSTs, FCU, Tele-Serve Operators, and Victim
Advocates\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
i. Victims of stalking generally do not report the problem until it has become
serious. Therefore, it is important to quickly gain essential information to
determine the level of threat.
ii. Officers should be alert and document a pattern of escalation by the
suspect and the potential for violence. This information should include
whether the subject has:
a. Acted in a bold and blatant manner;
b. Made threats consistent with past behavior;
c. The means and opportunity to carry out a threat;
d. Extended threats to victim’s family, friends, or pets;
e. Ever threatened the victim or other person close to the victim with
violence;
f. Committed acts of criminal mischief directed at victim;
g. A history of violence;
h. Weapons / access to firearms;
i. A military or law enforcement background;
j. Shown a pattern of increased violence;
k. Had previous law enforcement contact as the subject of
complaints;
l. Any previous protective orders and any violations of those orders;
m. A tendency toward emotional outburst or irrational behavior;
n. Substance abuse problems;
o. Mental health problems;
p. Been the subject of protection orders;
q. Engaged in other stalking behavior.
2. Initial Investigation Procedures: Members shall collect information by
conducting an investigation, which shall (when applicable) include the following
tasks:
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i. Collect all descriptive information on the subject.
ii. Document any evidence that supports stalking behavior such as letters,
gifts, e-mail records, texts, voicemails, property damage, and threats.
iii. Collect or document any evidence that may be relevant for obtaining a
search warrant of the suspect’s residence. This may include:
a. The location of the suspect’s workplace and residence;
b. Vehicle identification information;
c. Any telephone records, social media, witness statements, and
victim logs.
iv. Identify and collect other evidence relevant to the investigation such as
photographs, fingerprints, DNA, and video surveillance.
3. Response: Depending on the circumstances and level of threat, officers may
take one or more of the following intervention measures:
i. Make contact with the suspect and warn them their actions if continued
may rise to a criminal violation of stalking.
a. This approach is particularly appropriate where the suspect has
had prior relationship with the victim and harassing or stalking
behavior has not reached the threshold for establishing a crime.
b. This approach should not be taken if there is reasonable suspicion
that the suspect is mentally ill.
ii. Give priority to violations of protection orders against the victim. Such
actions may indicate an escalated threat and give officers grounds for
direct intervention through arrest.
iii. Consideration should be given to the Baker Act and Risk Protection Order
options when appropriate.
iv. Arrest of the suspect on related charges such as burglary, criminal
mischief, and trespass should be taken into consideration when probable
cause lacks for stalking.
4. Victim Assistance: Victims of stalking shall be provided with assistance and
information, to include: [CALEA 55.1.1.a]
i. Rights of victims;
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ii. Opportunity to speak with a victim advocate;
iii. Contact information for the department’s Crime Prevention Unit for
residential security assessment;
iv. Maintaining evidence for potential prosecution, such as recordings, text
messages, etc.;
v. Obtaining a restraining order or civil protection order;
vi. Changing routines for work and activities where the suspect has been
encountered;
vii. Notifying others such as coworkers, home or work security staff, family
friends;
viii. Use of VINE (Victim Information and Notification Everyday) system.
_________________________
By Order of
Signed Original on File in the
Accreditation Unit
__________________________
Tony R. Jones
Chief of Police
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