Policy Text
Revisions or additions are highlighted 1 (12/13 /2019) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: COURT APPEARANCES
Index as: Appearances, Court State Attorney Investigations
Court Appearances Subpoenas
Court Liaison Officer Testimony, Court
Court, Standby Status
Accreditation Standards:
Cross Reference : Rules of Criminal Procedure, 3.220
Replaces : G.O. II -13, Court Appea rances (October 3, 2016)
This Order establishes policy and procedures for court appearances, court testimony, and service of subpoenas to
employees. It consists of the following sections:
I. Court Appearance Requirements
II. State Attorney Investigations
III. Service of Subpoenas
IV. Standby Status
V. Cancellation of Court Appearances
VI. Court Appearance Logs
I. COURT APPEARANCE REQUIREMENTS
A. All personnel shall:
1. Regularly check the posted notices for court appearances and cancellations.
2. Pick up and sign for subpoenas within one week of being notified of subpoenas being received in the
Department.
3. Pick up and sign for subpoenas at the Equipment Room ; Vice and Narcotics Division Detective s will be
personally served by their Supervisor .
4. Sign the signature log sheet when making a court appearanc e.
5. Inform Court Liaison of impending vacations, military leave, out of town schools, etc., in writing at least four to
six (4 - 6) weeks in advance when possible.
B. Employees appearing in cases before the court, or related hearings, shall be punctual in attendance and be fully
prepared to testify. Fully prepared to testify includes, but is not limited to:
1. Taking a complete and final approved police report and/or supplement(s) written by the Officer , to court;
2. Having thoroughly read their rep ort sufficiently in preparation for testifying in court. DATE OF
ISSUE EFFECTIVE DATE NUMBER
October 2016 Immediately II-13
Distribution: All Employees
General Order II -13
Revisions or additions are highlighted 2 (12/13 /2019) C. Employees shall appear in the uniform of the day or in civilian clothes as required in G.O. III -05, Uniforms and
Equipment.
D. Employees shall be diligent and thorough in the preparation of cases for court by proper execution of the advisory
form, analysis of the facts, preservation of evidence and thorough review of proposed testimony.
E. Employees shall not testify for a defendant in a criminal case or hearing in any court unless they first:
1. Inform their Supervisor and the Assistant State Attorney assigned to the case of their intention to testify; and
2. Fully advise their Supervisor and the Assistant State Attorney assigned to the case about the nature of the
testimony intended to be given.
F. If the Officer ’s Supervisor is unavailable, a Supervisor within their Section or Bureau should be contacted.
II. STATE ATTORNEY INVESTIGATIONS
A. The purpose of a State Attorney investigation is, on the basis of sworn testimony, to determine whether or not a
case should be prosecuted. State Attorney Investigations consist of “Paper Investigations” and “Live Investigations.”
B. Paper Investigations – Conducted on Misdemeanor and Ordinance cases, whether or not there is an arrest.
1. The original Investigating Officer shall route the police report to the State Attorney’s Office for prosecution.
C. Live Investigations – Conducted in the presence of an Assistant State Attorney by setting an appointment.
1. All felonies in which probable cause exists, arrested or non-arrested, require the setting of a live investigation,
with one exception:
a. In felony DWLSR cases in which the DWLSR is the only case, no live investigation is required.
b. However, if the DWLSR is a companion case to one or more felony cases, then a live investigation is
required on all charges.
2. The arresting Officer /Detective is normally responsible for scheduling an investigation and ensuring all follow -
up reports are complete and filed.
a. The investigation shall be set within twenty -four ( 24) hours after an arrest is made and held within seven
(7) days of the arrest. The State Attorney’s Office has twenty -one ( 21) days from the date of arrest to file formal charges in
felony cases.
b. If the arresting Officer /Detective cannot meet the seven (7) day deadline due to illness or vacation, the
Officer must contact Court Liaison and req uest a special investigation.
c. Officer s/Detective s making an arrest at the end of their shift and who are scheduled to be off on their two
(2) or four (4) day weekend, or who cannot set a State Attorney’s investigation because the defendant has not been
assigned a division by the County, will telephone the Information Desk within 24 hours of the arrest to either set the
investigation or determine a division of assignment.
d. Officer s/Detective s scheduled to attend school, or who will be on vacation are respo nsible for setting the
State Attorney’s investigation and ensuring the necessary witnesses are contacted to appear.
1) Arresting Officer s may have another Officer , who was present at the arrest, appear at the
investigation.
2) Detective s may have a partner appear to facilitate the investigation.
e. To prevent rescheduling investigations, the appearing Officer /Detective must familiarize themselves
adequately with the facts of the case to assist the State Attorney in the investigation.
f. The arresting Officer/Detective