Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
3 01/24/2011 05/27/2022
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
SP100 - Investigations and Prosecution 1 SP100 INVESTIGATIONS AND PROSECUTION
SP100 .1 PURPOSE AND SCOPE
When assigned to a case for initial or follow -up investigation, detectives should proceed with due
diligence in evaluating and preparing the case for appropriate clearance or presentation to a
prosecutor for filing of criminal charges.
SP100 .1.2 ACCREDITATION STANDARDS
This procedure pertains to the following CALEA Standards: 42.2.2, 42.2.9 , 42.2.10 , 42.2.11,
42.2.12 , 55.2.4
This procedure pertains to the following General Orders: §600
SP100 .2 FOLLOW -UP INVESTIGATIONS
After a preliminary investigation has been completed and a determination made that a follow -up
investigation by detectives is prudent, the case should be forwarded to Investigations for
assignment to an investigator. The assigned investigator is accountable for conducting a thorough
and timely follow -up investigation, possibly including:
a) Reviewing and analyzing all preliminary reports p repared by patrol of ficers and P SO’s,
departmental records, and laboratory results of any physical evidence collected related to
the case under investigation ;
b) Conducting additional interviews of suspects, victims and witnesses when necessary ;
c) Contacting the officers who were at the scene o r PSO’s who prepared the preliminary
report to obtain further information or receive his/her ideas about the offense;
d) Planning, organizing, conducting se arches, and collecting evidence;
e) Ensuring the correct identification of the suspect and making an arrest. Identification of a
suspect may occur through photo lineups, testimony of witnesses and from physical
evidence that identifies a particular suspect;
f) Conducting research into the suspect's involvement in past offenses, through arrest
recor ds and criminal history checks;
g) Checking the suspect’s criminal history for the po ssibility of additional charges;
h) Preparing the case for court;
i) Advising the victim(s) or witness(s) of the arrest or submission of the case to the District
Attorney .
SP100 .2.2 INVESTIGATIVE LINEUPS
The following is a summary of recommended procedures to aid you in identification situations :
a) Always get a good description of the suspect, especially distinguishing characteristics,
such as scars, moles, tattoos, etc. ;
CATEGORY DATE ADOPTED LAST REVIEW
3 01/24/2011 05/27/2022
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
SP100 - Investigations and Prosecution 2 b) Never make suggestions or "lead" the witness to give a description they do not mean to
give;
c) Never say anything about the suspect;
d) Always tell t he witness to keep an open mind;
e) Always tell the witness that it's possible they may not be viewing the culprit;
f) Never say any thing during the actual viewing;
g) Never allow multiple witnesses to talk to gether about the identification;
h) Never allow multiple witnesses to view the lin eup or show -up at the same time;
i) Always ask a witness to rate their level of certai nty on a scale of 1 -10 or as a percentage ;
j) Regardless of whether the witness picks the "right" or "wrong" picture, do not discuss their
choice with them;
k) Use of audio or video recording of the identification may be used to assist in documenting
the identification;
l) Document everything that occurs and the witness' exact words in your report. Tell the
witness what you are putting in your report.
SP100 .2.3 PHOTOGRAPHIC LINEUPS
a) The investigating officer conducting the identification procedure should use blind
administration whenever possible. If presentation of the line up using blind administration
is not conducted, t he investigating officer shall state in writing the reason why the blind
administration procedure was not possible;
b) Use the most recent picture of the suspect from DMV or a prior booking photo. Utilize DMV
Cal-Photo program or Coplink program for creating lineup;
c) Obtain photos of other persons of the same sex and race with similar facial characteristics;
d) Attempt to use photos with the same background ie; DMV blue background or grey
booking wall;
e) Use at least six photos and notate if using a six pack or sequential photo lineup;
f) An electronic recording shall be made that includes both audio and visual representations
of the identification procedures. When it is not feasible to make a recording with both audio
and visual representations, audio recording may be used. When audio recording without
video recording is used, the investigating officer shall state in writing the rea son that video
recording was not feasible;
g) Give each witness the admonishment listed on form TPD 5071 and have he or she sign
the form acknowledging their understanding of the advisement;
h) If the witness identifies the suspect from one of the photos, ask t hem to circle the entire
photo and write their initials next to the photo;
i) Upon a positive or possible identification, the investigating officer shall immediately inquire
as to the witness’ confidence level of the identification. The investigating officer shall
record in writing, verbatim, what the witness says;
j) Do not validate or invalidate the witness’ selection;
k) Complete the lower