Police Department Policy

doc_1004438

Santa Ana PD

Policy Text
Policy 600Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInvestigation and Prosecution - 1Investigation and Prosecution 600.1 PURPOSE AND SCOPE This policy provides guidelines and requirements for the handling and disposition of criminal investigations. 600.2 POLICY It is the policy of the Santa Ana Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate closure 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 whether a crime has been committed by conducting, at a minimum: (a)An initial interview of any witnesses or complainants. (b)A cursory examination for evidence. (b)If information indicates a crime has occurred, the officer shall: (a)Preserve the scene and any evidence as required to complete the initial and follow-up investigation. (b)Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. (c)If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander. (d)Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. (e)Collect any evidence. (f)Take appropriate law enforcement action. (g)Complete and submit appropriate reports and documentation in accordance with the Report Preparation Policy. (c)If the preliminary determination is that no crime occurred, determine what additional action may be necessary, what additional resources may be available, and advise the informant or complainant of this information. 600.3.2 NON-SWORN MEMBER RESPONSIBILITIES A non-sworn member assigned to a preliminary investigation is responsible for all investigative steps, except making attempts to locate, contact or interview a suspect face-to-face or take any Santa Ana Police Department Santa Ana PD Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInvestigation and Prosecution - 2law enforcement action. Should an initial investigation indicate such steps are required, the non- sworn member shall obtain assistance of an officer. 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. 600.4.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any violent felony or sexual 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 be given to recording a custodial interrogation or an 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 summary of investigative interviews. Written statements from suspects should 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). Non-sworn members shall not interview anyone suspected of having committed murder or having any involvement in the criminal or non-criminal death of another without the assistance of an officer/detective. 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. Santa Ana Police Department Santa Ana PD Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2025/02/26, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInvestigation and Prosecution - 3(d)The interrogation occurs when the member conducting the interrogation does not have a reason to believe the individual may have committed murder. Continued custodial interrogation concerning the 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 considered to

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