Policy Text
POLICY
132.0CRIMINAL INVESTIGATIONS
REVISED: 11 /2011
REVISED 4/2019RELATED POLICIES:
Reviewed and Revised by
Chief David Magnusson
4/2019
TABLE OF CONTENTS
A.POLICY
B.PROCEDURE
C.CONSTITUTIONAL REQUIREMENTS
D.FIELD INTERVIEWS (Field Interrogation Card - FI Card)
A.POLICY
1.Certain functions in the investigation of crimes are germane to all police officers.
2.This section provides operational procedures, which should result in efficient and
effective criminal investigations. Specifically, this section (200) provides broad
guidelines common to all investigations.
B.PROCEDURE
1.Officers of the El Portal Police Department shall perform certain functions at the
scene of a crime and potential criminal investigations, both preliminary and
follow-up. Unless indicated differently ( e.g. sexual battery where Miam-Dade
Police Detectives will be called out), in the areas where it is stated, in the
directives, that (e.g.) a copy shall go to the Detective Bureau, it is automatticallly
implied that since the Village of El Portal Police Department has not detective
bureau, the case will go to a given officer for follow up)
2.The steps to be followed when conducting preliminary investigations include, but
are not limited to:
a.Observing all conditions, events, and remarks;
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b.Locating and identifying witnesses;
c.Maintaining and protecting the crime scene and witnesses;
d.Interviewing complainants and witnesses;
e.Identify and interview the suspect, if possible;
f.Arranging for the collection of evidence;
g.Effecting the arrest of the suspect; and
h.Reporting the incident fully and accurately.
3.The steps to be followed in conducting follow-up investigations shall include, but
are not limited to:
a.Reviewing and analyzing all previous reports prepared in the preliminary
phase.
The procedure to accomplish this shall include but not be limited to:
(1).Contacting Records and requesting all documentation related to the
case i.e.:
(a).Police Reports
(b).Supplemental Reports
(c).Affidavits
(d).Crime Scene Reports
(e).Arrest Affidavits
(f).Tow Sheets
(g).or any other supplemental information
(2).Contact the Supervisor and request copies of all Property Receipts
pertaining to the case.
(3).Check the Records Division computer database for other related
information.
b.Conducting additional interviews.
(1).Determine who needs to be interviewed;
(2).Determine how to contact the person to be interviewed.
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(a).Telephone
(b).In person
(c).Mail
(d).Other
(3).Determine the goal of the interview.
(4).Determine the type of interview to be conducted;
(a).For victims and or witnesses
(b).A pre-interview is used to determine if a formal interview
is required.
(c).A formal interview is described as being a sworn statement,
written statement, or a videotaped interview.
(d).For culprits or suspects there are two types of interviews:
(1).In custody:
When considering an in custody interview the investigator
shall determine:
a).the culprit/suspect's location
b).the culprit/suspect's accessibility
c).if Miranda rights have been given
If not given the investigator shall administer Miranda rights
If the culprit/suspect has received Miranda, the investigator shall
determine if the culprit/suspect has waived or not waived his
rights.
If the culprit/suspect has not waived his Miranda rights, no
interview shall be conducted.
If the culprit/suspect has waived his Miranda rights, the
investigator may conduct the interview.
Documentation of the interview shall be based on the cooperation
level of the culprit/suspect (i.e. taped, notes, etc.).
(2).Not in custody
d).The investigator shall determine the location of the
culprit/suspect;
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e).The investigator shall determine the accessibility of
the culprit/suspect.
f).The investigator shall determine the need to
Mirandize the culprit/suspect
g).The investigator shall determine the criminal history
of the culprit/suspect (local checks or FCIC / NCIC)
(5).The investigator shall formulate a strategy to conduct the
interview/interrogation and consider the following factors:
a).Does probable cause to arrest exist;
b).What is the risk of violence;
c).What is the risk of flight or escape;
d).Method to be used to contact the
culprit/suspect
e).Location to contact the culprit/suspect.
(6).Reviewing Department records;
The reviewing of Department records pertinent to the case shall be
accomplished as stated in Reviewing and Analyzing all previous
reports, above.
(7).Seeking additional information (from patrol officers, informants,
and other sources).
Investigators shall be aware that other sources of information are
available when conducting follow-up investigations. Sources to be
considered are but, not limited to:
(1).Police Officers
(5).Informants
(6).FCIC/NCIC
(7).AFIS (Automated F