54625518.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-70 GENERAL ORDER RESCINDS: E-27 SUBJECT: Interview Procedures (Including Individuals with an Autism Spectrum Disorder) EFFECTIVE: April 14, 1995 REVISED: September 27, 2018 Table of Contents: I. Purpose II. Definitions III. Statement Formats IV. Issues V. Locations of Interviews VI. Autism and Autism Spectrum Disorder Training VII. Autism and Autism Spectrum Disorders – Statutory Requirements I. PURPOSE: This directive provides procedures for conducting interviews in general, as well as guidelines for employees who interview a victim, a suspect, or a defendant who has been formally accused of a crime, and who has been diagnosed with autism or an autism spectrum disorder, assuring compliance with legal requirements, and general guidelines for taking witness statements. II. DEFINITIONS: A. Non-Custodial Interview: A non-custodial interview (may also be called field interview) is the questioning of an individual for the purpose of eliciting information when the individual is not under any physical or legal control, is free to leave, and provisions are present to permit the individual to leave. Field interviews are appropriate and should be conducted when there is reasonable suspicion that an individual may have committed, may be committing, or may be about to commit a crime. B. Custodial Interview: A custodial interview is the questioning of an individual for the purpose of eliciting information when the individual is incarcerated or otherwise under physical or legal control and is not free to leave. C. Autism: Florida Statute 393.063 defines Autism as a pervasive, neurologically based developmental disability of extended duration which causes severe learning, communication, and behavior disorders with age of onset during infancy or childhood. Individuals with autism exhibit impairment in reciprocal social interaction, impairment in verbal and nonverbal communication and imaginative ability, and a markedly restricted repertoire of activities and interests. D. Autism Spectrum Disorder: Florida Statute 641.31098(b) defines Autism Spectrum Disorder as any of the following disorders as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the GENERAL ORDER Interviews and Witness Statements G-70 PAGE 1 OF 6\n\n--- Page 2 ---\n\nAmerican Psychiatric Association: 1. Autistic Disorder, 2. Asperger’s Syndrome, and 3. Pervasive developmental disorder not otherwise specified. E. Developmental Disability: Florida Statute 393.063(12) defines Developmental Disability as a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan- McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. F. Professional: Florida Statute 943.0439 defines professional as a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with autism, an autism spectrum disorder, or related developmental disability, or must be certified in special education with a concentration focused on persons with autism or an autism spectrum disorder. III. STATEMENT FORMATS: A. Written Statements: 1. At the top of any written witness statement the following information must be headlined: a. Full legal name, b. Date of birth, c. Race/Sex, d. Social Security Number, e. Current address, including city, state, and zip code, f. Current telephone number, and g. Current place of employment including complete address and telephone number. 2. The person making the statement must be placed under oath and the statement must be notarized by a law enforcement officer or notary public. 3. Written statements should be considered over recorded statements in the following circumstances: a. The severity of the crime does not require a recorded statement (this includes most misdemeanor crimes), b. The testimony involved is not of a complex nature, c. Detailed questioning is not needed to establish the facts of the testimony. B. Recorded Statements: 1. Before beginning any recorded statement, the recording should be predicated with the following information: GENERAL ORDER Interviews and Witness Statements G-70 PAGE 2 OF 6\n\n--- Page 3 ---\n\na. Case number, b. Date and time of interview, c. Location of interview, d. Name of person being interviewed, e. Name of person conducting interview, f. Name of other person(s) present, and g. Case reference (burglary, shooting, etc.). 2. The issue of whether or not the interview is custodial or non-custodial needs to be established verbally. 3. Recorded statements should be preferred over written statements in some situations. This may include: a. The case involves a major crime, b. The testimony of the individual is of a complex nature and/or extremely lengthy, c. Several crimes or incidents may be involved, d. The individual is a suspect/victim. 4. Recorded statements that are case evidence will be handled in accordance to the Enforcement Policy and Procedure Evidence and Property. IV. ISSUES: A. Under most circumstances there should be no more than two Employees engaging in an interview. B. No person should be interviewed for an unreasonable length of time. Regular breaks for the purposes of refreshment will be allowed. The duration of questioning shall be governed by the time of day and the severity of the crime under investigation. C. Employees will also refer to the E-05, Arrest and Detention regarding the interviewing of juveniles. D. Non-Custodial Interviews: 1. When taking a statement from an individual who is not in custody, not being detained, and is free to leave at any time they desire, it is not necessary to read the Miranda Warning to the individual. If, during the course of the interview, the individuals implicate themselves in a crime, the interview should be continued and not interrupted with Miranda. 2. If the interview is recorded, following the recording’s predication it is recommended the Deputy establish that the individual is free to leave at any time they desire, and that the individual has immediate transportation (be sure to state the method of transportation) from the location of the interview if they decide to leave. 3. The use of Café Reports [Field Contact, CJIS] is encouraged in order to maintain a record of field contacts and to provide a base for later research into criminal investigations. Even though these reports are automatically uploaded into the Café system and made available to personnel, they should be brought to the attention of detectives if it is believed to have a bearing on a case or may benefit the intelligence process. E. Custodial Interviews: 1. Before conducting an interview with a potential suspect or defendant, and the subject is in a correctional facility, holding cell, secured in a vehicle, handcuffed or otherwise not free to leave GENERAL ORDER Interviews and Witness Statements G-70 PAGE 3 OF 6\n\n--- Page 4 ---\n\na Deputy's presence, a Miranda Warning should be read to the individual before the statement is taken. 2. If Miranda Warnings are not read under these circumstances, the statement may be subject to suppression at the time of trial. However, this does not preclude the possibility that the statement may be admitted under certain legal standards. 3. If a suspect is under arrest, access to an attorney will be provided to them by the correctional facility after they are transported to that location. Deputies may provide telephone access to counsel prior to transport, but not during the actual transport operation. F. If, at any time during the course of an interview or confession the suspect desires to consult with an attorney, the interv