Policy Text
Policy
600San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentInvestigation and Prosecution - 1Investigation 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 San Luis Obispo 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 INITIAL INVESTIGATION
600.3.1 OFFICER RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
(a)Make a preliminary determination of whether a crime has been committed by
completing, at a minimum:
1.An initial statement from any witnesses or complainants.
2.A cursory examination for evidence.
(b)If information indicates a crime has occurred, the officer shall:
1.Preserve the scene and any evidence as required to complete the initial and
follow-up investigation.
2.Determine if additional investigative resources (e.g., investigators or scene
processing) are necessary and request assistance as required.
3.If assistance is warranted, or if the incident is not routine, notify a supervisor or
the Watch Commander.
4.Make reasonable attempts to locate, identify and interview all available victims,
complainants, witnesses and suspects.
5.Collect any evidence.
6.Take any appropriate law enforcement action.
7.Complete and submit the appropriate reports and documentation.
(c)If the preliminary determination is that no crime occurred, determine what other action
may be necessary, what other resources may be available, and advise the informant
or complainant of this information.
600.4 CUSTODIAL INTERROGATION 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.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Investigation and Prosecution
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentInvestigation and Prosecution - 2600.4.1 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 Detective 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.
600.4.2 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.
(b)The suspect refuses to have the interrogation recorded, including a refusal any time
during the interrogation, and the refusal is documented in a report. If feasible, the
refusal shall be electronically recorded.
(c)The custodial interrogation occurred in another state by law enforcement officers
of that state, unless the interrogation was conducted with the intent to avoid the
requirements 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. Continued
custodial interrogation concerning that offense shall be electronically recorded if the
interrogating member develops a reason to believe the individual committed murder.
(e)The interrogation would disclose the identity of a confidential informant or would
jeopardize the safety of an officer, the individual being interrogated or another
individual. Such circumstances shall be documented in a report.
(f)A recording device fails despite reasonable maintenance and the timely repair or
replacement is not feasible.
(g)The questions are part of a routine processing or booking, and are not an interrogation.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Investigation and Prosecution
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentInvestigation and Prosecution - 3(h)The suspect is in custody for murder and the interrogation is unrelated to a
murder. However, if any information concerning a murder is mentioned during the
interrogation, the remainder of the interrogation shall be recorded.
The Department shall maintain an original or an exact copy of the recording until a conviction
relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law
(Penal Code § 859