43694122.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Investigative Procedures: Case CALEA Chapter 42 Documentation and Intake Function PRIOR REVISIONS: PROPONENT UNIT 05/20/02, 10/25/05, 05/19/08, 07/26/11, Criminal Investigations Division (CID) ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 42.2 07/01/98 3/16/18 14 I. PURPOSE: This Order defines the operational policies regarding the investigative function, investigative case documentation and the intake function. Important: This Order is intended as a general information and procedural directive for all sworn and non-sworn members who conduct investigations. Members can find additional procedures regarding victims and witnesses of crimes in General Order 55.2; arrest documentation, in General Order 1.3, and field reporting, in General Order 82.2. Additional and more specific procedures and guidance for Investigations Bureau personnel can be found in the Criminal Investigations Division Manual and the Special Investigations Division Manual. II. POLICY: The Gainesville Police Department shall develop and implement policies and procedures that enable Department members to efficiently and effectively conduct criminal investigations and facilitate effective prosecution. The Department shall maintain an intake function to coordinate case documentation, and to provide accurate, thorough, and timely information to the State Attorney’s Office regarding felony charges. III. PROCEDURE A. General Investigative Procedures: To effectively investigate criminal cases, members (whether PSTs, officers or detectives) shall employ appropriate and legitimate investigative practices so the event is fully and accurately reported. A thorough investigation shall employ activities, such as: 1. Developing information from various sources through: i. Examining physical evidence, ii. Conducting neighborhood checks, iii. Reviewing related reports, iv. Collecting criminal intelligence, v. Utilizing crime analysis,\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT vi. Soliciting information from other agencies (e.g., Alachua County Sheriff’s Office, Probation and Parole, Driver’s License Bureau). 2. Conducting interviews with witnesses, victims, suspects, and persons with knowledge about the case; 3. Collecting, preserving, and processing evidence for the purpose of developing facts, linking suspects to evidence, and developing probable cause; 4. Conducting background investigations on suspects and other parties relevant to the criminal investigation; 5. Conducting surveillance, within constitutional guidelines, of people suspected of being involved in criminal activity and of places in which criminal activity may be occurring or in which suspects may be located. B. Preliminary Investigations: In conducting a preliminary investigation, the following activities shall be performed, when relevant: 1. Observe conditions, events, and statements made by witnesses, victims, and suspects; [CALEA 42.2.1.a] 2. Locate and obtain information identifying witnesses; 3. Protect and maintain the security of the crime scene and arrange for processing of the scene for the collection of evidence. [CALEA 42.2.1.c] 4. Interview complainants, victims, witnesses, and suspects; [CALEA 42.2.1.d] When a member may not be able to interview all witnesses/victims (because there are too many or some have left) during the preliminary investigation, the member shall, whenever possible, collect information to enable interviews to occur during the follow-up investigation. C. Follow-Up Investigations: The following activities, when relevant and applicable, shall be performed to ensure that a proper follow-up to the investigation is conducted. 1. Review and analyze all previous reports prepared in the preliminary phase, departmental records and results from laboratory examinations. [CALEA 42.2.2.a] 2. Conduct additional interviews; [CALEA 42.2.2.b] 3. Review relevant agency records; 4. Seek additional information from other sources (such as crime analysis, other agencies, officers and informants); [CALEA 42.2.2.c] 5. Plan, organize, and conduct searches for the purpose of collecting physical evidence; [CALEA 42.2.2.d] 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT 6. Identify and apprehend suspects; [CALEA 42.2.2.e] 7. Determine whether suspects are involved in other cases; [CALEA 42.2.2.f] 8. Check suspects’ criminal histories; [CALEA 42.2.2.g] 9. Arrange for the dissemination of information, as appropriate; 10. Prepare cases for court presentation; [CALEA 42.2.2.h] 11. Assist in the prosecution of suspects; 12. Re-contact victims to inform them of the case disposition. D. Polygraph: [CALEA 42.2.5] The polygraph can be a useful tool in discovering deception and assisting in an investigation. The following governs its use. 1. Regulations: i. Polygraph tests used for criminal investigations shall only be conducted by Department members formally trained and certified as polygraph operators. Should any professional service be contracted, the operators of that service must meet the same training and certification criteria. ii. Polygraphs shall only be given to subjects who are willing to take the examination. iii. The polygraph is only a tool to assist in an interview, and evidence of deception does not constitute, by itself, a confession or probable cause. iv. The polygraphist shall have sole authority to determine who is qualified to take the test. 2. Procedures: i. The member requesting the use of a polygraph shall contact the Detective supervisor to schedule a test. ii. The member shall provide the polygraphist with all relevant case and background information necessary to conduct the test. E. Taking Statements: Members shall attempt to obtain first-hand information regarding the involvement of suspects of, witnesses to, and victims of crimes. 1. Suspects’ Statements: Members shall attempt to obtain a formal statement from a suspect regarding the crimes in which he/she was involved, even if the member observes the person committing the crime. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT i. Members shall be guided by applicable law and the use of Miranda warnings. ii. When the suspect refuses to make a verbal or written statement, the member shall document the suspect's refusal in the report. iii. Members will indicate in the report: a. The method used to advise the suspect of his/her rights (e.g., read from standard Miranda rights card or written rights waiver form). b. If the suspect’s statement was made before or after the suspect was read his/her rights. iv. Members shall document verbal statements made by a suspect in the narrative of the report. The use of quotes is limited to wording that is verbatim from the suspect. v. When a written, audio-recorded, or video-recorded statement is obtained from a suspect, the original statement shall be placed into evidence via Department procedures. In the case of a written statement, the Department member shall ensure a copy of the statement is attached to the electronic report. 2. Obtaining and Documenting Victim and Witness Statements: i. It is imperative that investigating members identify the essential elements of an offense, as well as accurately documenting observations when obtaining victim/witness statements. The following is a guide and not meant to be all inclusive: a. Articulate what specific actions the interviewee observed that would identify what type of crime occurred. b. Identify and describe any weapons, tools, or objects used to threaten or inflict injury, who possessed them, descriptions of the persons and weapons, and whether the person’s actions were defensive, offensive, etc. c. Record any words or phrases used in the incident; especially those that would contribute to the elements of the crime (e.g. ‘give it up or I’ll cut you’) d. Identify the value/ownership/other issues related to any tangible or real property involved. ii. Since people c