07 MPD Lexipol Policy_Chapter 6 Investigation Operations

Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentInvestigation Operations - 428Chapter 6 - Investigation Operations Policy 600Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentInvestigation and Prosecution - 429Investigation and Prosecution 600.1 PURPOSE AND SCOPE When assigned to a case for initial or follow-up investigation, detectives shall proceed with due diligence in evaluating and preparing the case for appropriate clearance or presentation to aprosecutor for filing of criminal charges. 600.2 MODIFICATION OF CHARGES FILED Employees are not authorized to recommend to the District Attorney, City Attorney, or to any other official of the court that charges on a pending case be altered or the case dismissed. In all casesresulting in court prosecution, any request to modify the charges filed or to recommend dismissalof charges in a pending case shall be made to the District Attorney’s Office or City Attorney’sOffice only as authorized by a Division Captain or the Chief of Police. 600.3 CUSTODIAL INTERROGATION REQUIREMENTS Any custodial interrogation of a person who is suspected of having committed any violent felony offense should be electronically recorded (audio/video or both as available) in its entirety asotherwise allowed by law. Regardless of where the interrogation occurs, every reasonable effortshould be made to secure functional recording equipment to accomplish such recordings. Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate andbeneficial to the investigation and is otherwise allowed by law. No recording of an interrogation should be destroyed or altered without written authorization from the District Attorney and the Detective Bureau supervisor. Copies of recorded interrogations orinterviews may be made in the same or different format provided they are true, accurate andcomplete copies and are made only for authorized and legitimate law enforcement purposes. Officers should not allow the recording to take the place of a thorough report and investigative interviews and should continue to obtain written statements from suspects when applicable. 600.3.1 MANDATORY RECORDINGS OF JUVENILES Any interrogation of an individual under 18 years of age who in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at adepartment facility, jail, detention facility or other official setting. The recording shall include theentire interview and a Miranda advisement preceding the interrogation (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. Milpitas Police Department Milpitas PD CA Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentInvestigation and Prosecution - 430(b) The individual refuses to have the interrogation recorded, including refusal anytime during interrogation, and the refusal is documented in a report. If feasible, the refusalshall be electronically recorded. (c) The custodial interrogation took place in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid therequirements of Penal Code § 859.5. (d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continuedcustodial interrogation concerning that offense shall be electronically recorded if theinterrogating member develops a reason to believe the individual committed a murder. (e) The interrogation would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated or another individual. Suchcircumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement was not feasible. (g) Questions are part of a routine processing or booking, and not an interrogation. These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction of the individual or the prosecutionfor that offense is barred (Penal Code § 859.5; Welfare and Institution Code § 626.8). Policy 602Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentSexual Assault Investigations - 431Sexual Assault Investigations 602.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimeshave on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. 602.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assaultforensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensiclaboratory personnel; and prosecutors. The team is designed to coordinate a broad response tosexual