NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT GENERAL ORDERS MANUAL SUBJECT GO 20 Criminal Investigations William F. Looper, Chief of Police EFFECTIVE DATE REVISION DATE PAGES 1 of 15 AUTHORITY/RELATED REFERENCES General Order 13, Arrest Warrants General Order 15, Search Warrants General Order 29, Property Control and Evidence Protection General Order 41, Transporting Prisoners and Civilians Memorandum 14-01, Law Enforcement Investigative Notifications - “De-Confliction” Standard Operating Procedure 1, Patrol Investigations Standard Operating Procedure 10, Eyewitness Identifications Standard Operating Procedure 11, Interviews, Interrogations and Statements ACCREDITATION REFERENCES CFA Chapters 18, 39 KEY WORD INDEX Case File Maintenance................................................................................... Procedure VII Crime Scene Protocols .................................................................................. Procedure II Criminal Investigations .............................................................................. Procedure IV “De-Confliction” Process .......................................................................... Procedure VIII Follow Up Investigations ........................................................................... Procedure V Integrity of the Investigation...................................................................... Procedure VI Organization and Administration ............................................................... Procedure I Preliminary Investigations ............................................................................ Procedure III PROCEDURE STATEMENT The purpose of this procedure is to establish and describe criminal investigations protocol which includes, but is not limited to, conducting preliminary and follow-up investigations, identifying and apprehending suspects, recovering stolen property, and assisting in the successful prosecution of suspects. DEFINITIONS NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT Crime Scene: Any location where physical evidence is present, or may be present, that may assist in explaining the events of a crime. DNA Evidence: For the purposes of this procedure, an item with evidentiary value where: 1) a suspect interacted with the item by touching, wearing, or leaving bodily fluids on it, 2) the crime is a felony, and 3) a crime of violence, residential or commercial burglary, or an arson. De-confliction: A process to ensure that local law enforcement agencies become aware whenever another nearby agency investigates the same person they are investigating. Incident Command: The process of designating which officer, field supervisor or commander is in charge of the activities at a crime or incident scene. Witness: One who personally sees, perceives, or knows something relative to a criminal act. SAO: State Attorney’s Office. PROCEDURES I. ORGANIZATION AND ADMINISTRATION A. Criminal Investigations are supervised and/or performed by an Lieutenant and under the direction of the Chief of Police or his designee. B. A Lieutenant will be subject to call twenty-four (24) hours a day, (7) days a week, whether “in-house” or via mutual aid law enforcement assistance. 1. The Communications Center PSCO shall first contact the “On Call” supervisor who will determine the necessity of calling out or requesting an investigator. C. The primary function of the investigator is to conduct follow-up investigations of crimes brought to their attention. Awareness of the crime may come by written reports from the Patrol Officers or investigations initiated by a supervisor. D. Written reports will be reviewed and screened for solvability factors to determine proper case assignment by the Chief of Police or his designee. E. The investigator shall have responsibility and authority to complete all investigations assigned to him, pending final approval by the Chief of Police or his designee. F. The following information will be recorded when cases are assigned for investigation, to serve as a case control status system: 1. The date of assignment; GENERAL ORDER 20-2 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 2. The name and identification number of the assigned member; 3. The CR (Case Report) number; and 4. The offense. G. Investigative cases will have one of the following case status designations: 1. Open cases: a. Pending - the case is assigned to an investigator or patrol officer and investigative efforts are active, b. Reassigned - the case is currently active within the investigative unit and now reassigned to another member; c. Handled by other agency - the case is being handled by an agency other than the NWFSCPD. (NPD, OCSO, State Attorney's Office, etc.), and d. Worked for other agency - any work done for another agency and for which an information report is made. No supplement report is required. 2. Suspended cases; a. All investigative leads have been exhausted, and b. There are no solvability factors remaining which would lead to the positive identification of a suspect(s). 3. Closed Cases: a. Unfounded - investigation revealed elements of the reported crime do not exist or the offense never actually occurred, b. Exceptionally Cleared - offender is identified; there is enough information to support arrest, charge, and prosecution; offender's location is known and could be taken into custody; however, one of the following prevents an arrest; (1) The State Attorney's Office declines to prosecute the offender even though sufficient information exists to support an arrest and prosecution (The State Attorney's Office shall be contacted in all felony cases). GENERAL ORDER 20-3 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT NOTE: When a decision is made by the State Attorney's Office which constitutes exceptionally clearing a case, the State Attorney's name and the date he/she was contacted will be listed in the narrative of the report. (2) The victim refuses to cooperate in the prosecution or cannot be located and the State Attorney's Office declines to prosecute, (3) The State Attorney's Office advises that the offender will be prosecuted on another violation with secondary offenses dropped or the case is referred to another agency; or NOTE: If the offender is a juvenile, the case is minor, and the officer prefers to handle the case orally or by written notice to the parents, the case can be exceptionally cleared or diverted for other action with approval of a sworn supervisor. (4) The offender is deceased. c. Arrest - this is used when a person is arrested and charged with the offense or a summons or misdemeanor citation was issued, and H. The investigator will complete a Supplement Report for those cases which are assigned until the case is reassigned, suspended or closed. NOTE: The Lieutenant will ensure that subordinates are in compliance with case management guidelines and time frames by conducting periodic quality control checks of cases assigned for investigation. II. CRIME SCENE PROTOCOLS A. Sworn members who respond to crime scenes – whether an in-progress crime or delayed report of a crime – are responsible for assessing the medical needs of the victim, and requesting emergency medical services if warranted. B. The first officer(s) arriving on the scene of a recently occurred or in-progress criminal incident deemed critical or serious by its nature (e.g., bank robbery, sexual battery, shooting) shall: 1. Establish incident command. 2. Communicate the establishment of incident command on the appropriate radio channel (talk group). GENERAL ORDER 20-4 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 3. Maintain incident command until either: a. Properly relieved by a supervisor or other competent authority, or b. The incident has deescalated to the point incident command is no longer needed. C. As warranted, responding officers shall coordinate with one another in establishing and maintaining a secure crime scene, and at a minimum: 1. Establish both an inner and outer perimeter, staffed by sworn officers strategically posted to prevent unauthorized entry into the perimeter. 2. Establish a central point of entry and exit into the inner perimeter, staffed by a sworn officer. 3. Only allow authorized Department members with an immediate crime scene function to enter the crime scene’s inner perimeter (e.g., CID investigators, forensic specialists, and supervisors, and district members involved in the incident). 4. Only allow non-Department members who are authorized by the incident commander, or designee, to enter the crime scene’s inner perimeter (e.g., personnel from the State Attorney’s Office, the Medical Examiner’s Office, or a funeral home). D. Officers appointed to an entry/exit security post of a crime scene shall: 1. Denote all persons who enter the crime scene’s inner perimeter, and include those names in a supplemental offense report for the incident. 2. Maintain the post until relieved by competent authority. E. Department members who enter the inner perimeter of a crime scene shall complete a supplemental offense report detailing their activities within the inner perimeter, except: 1. The primary officer is not required to submit a supplemental report in addition to the original offense report. 2. Supervisory personnel with a direct leadership role in the inner perimeter (e.g., incident commander, supervisory staff) are not required to submit a supplemental report unless they possess information critical to the investigation. F. On all crime scenes, officers shall assess the need for additional Department resources such as: GENERAL ORDER 20-5 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 1. Additional officers; 2. Investigators; 3. Forensic Specialists; 4. Victim Advocates; 5. Tactical Response Teams; 6. Special Response Team; and 7. Communications and Public Information office (C&PI). G. On all crime scenes deemed critical or serious in nature (e.g., homicide, robbery, sexual battery), officers shall make proper and timely notification to the appropriate supervisor, and: 1. Provide an update on the overall incident, including participant injuries, crimes committed, and suspect status. 2. If applicable, request the need for additional resources to manage the crime scene or facilitate the investigation. III. PRELIMINARY INVESTIGATIONS In conducting the preliminary criminal investigation, officers are responsible for collecting, documenting, and forwarding a comprehensive array of information upon which a follow-up investigation is based, and shall: A. Interview the victim to determine, at a minimum, the: 1. Circumstances of the criminal incident 2. Scene of the crime 3. Suspect’s information, actions, and location 4. Presence and location of evidence 5. Presence and location of witnesses 6. Injuries sustained, and/or property damaged or stolen B. Obtain a written statement from the victim (if a written statement is not obtained, explain the reason in the offense report). GENERAL ORDER 20-6 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT C. Obtain complete identification of the victim to include biographical information, contact addresses and phone numbers, and: 1. Denote the victim information in an offense report for the incident. 2. Provide the victim information to members or other appropriate personnel, as requested. D. Locate witnesses to the incident, and: 1. Separate the witnesses from one another and any victim or suspect that may be present. 2. Obtain complete identification of witnesses to include biographical information, contact addresses and phone numbers. 3. Interview witnesses to determine their: a. Observations of the incident b. Role, if any, in the incident c. Relationship, if any, with the victim or suspect d. Obtain a written statement from the witness (if a written statement is not obtained, explain the reason in the offense report). e. Denote the witness information in an offense report for the incident. f. Provide the witness information to members, or other appropriate personnel, as requested. E. Obtain suspect information, to include name, biographical data, aliases, contact information, clothing description, mode and direction of travel away from the scene, and other information deemed appropriate by the investigating officer. 1. As warranted, disseminate the information to other officers as quickly as possible, updating the information as needed. 2. If the suspect is available and willing, have him or her provide a written statement (if a written statement is not obtained, explain the reason in the offense report). 3. If possible, based upon probable cause, arrest the suspect for the crime(s) committed. 4. Denote the suspect information in an offense report for the incident. GENERAL ORDER 20-7 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 5. Provide the suspect information to CID members, or other appropriate personnel, as requested. F. Identify, locate, and document any evidence of the crime, and: 1. Avoid moving or touching evidence until it has been documented in its original location and state, unless moving the evidence is necessary to: a. Preserve human life or prevent injury to a person. b. Preserve the evidence itself. 2. Assess if an item might be considered DNA evidence, and if so considered: a. Recognize the fragility of the DNA evidence, b. Avoid actions that present a biohazard risk to officers and other persons present, and c. Avoid contamination of the evidence. 3. Assess the need for a forensic specialist to respond to the crime scene, and make such a request – via the appropriate sworn supervisor – if the crime scene circumstances meet the requirements for a forensic specialist response as outlined in section IV below. 4. If the crime scene circumstances do not meet the requirements for a forensic specialist response, yet evidence is present in need of collection (e.g., latent fingerprints and photographs), ensure a district officer trained in such processing and collection is summoned to the scene to document and collect the evidence. 5. Denote the evidence information in an offense report for the incident. 6. Provide the evidence information to investigators or other appropriate law enforcement personnel as requested. IV. CRIMINAL INVESTIGATIONS A. Additional guidelines to be used in criminal investigations: 1. Information Development: GENERAL ORDER 20-8 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT a. All relevant reports and documents from the preliminary investigation will be reviewed and analyzed; b. Criminal history files of suspects and persons involved in the case will be reviewed; and c. Information will be sought and shared with other members and with other law enforcement agencies (see Section VIII, “De-Confliction Process”). 2. Interviews and Interrogations; a. Interviews with victims, witnesses, and informants will be conducted, b. Additional witnesses from a neighborhood canvass will be sought out, c. Interrogations with suspects and possible suspects will be conducted, and d. The investigating officer may use audio/video equipment for interviews as outlined in written directives. 3. Collection, Preserving, and Use of Physical Evidence; a. All appropriate physical evidence, photographs, and crime scene sketches will be collected. b. All appropriate physical evidence will be preserved and placed in the NWFSCPD evidence intake room by the first officer who touches it, c. All physical evidence needing processing will be submitted to the appropriate lab (e.g. F.D.L.E. Crime Lab, FBI Crime Lab), and d. The State Attorney's Office (SAO) will be made aware of any lab results or findings. 4. Surveillance; a. Surveillance may be used to locate persons, apprehend suspects, or obtain information; and GENERAL ORDER 20-9 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT b. All electronic surveillances must be authorized by the Chief of Police and must comply with applicable Florida State Statutes and NWFSCPD written directives. B. Supervisors and Investigators shall coordinate their investigative efforts with Patrol Officers at the crime scene when appropriate. 1. The investigating officer shall communicate to the ranking member at the scene the necessary coordination and control of ingress and egress at the scene. 2. The assigned member shall record the names and appropriate identifiers of all persons at the scene. C. The assigned Investigator shall communicate with the officer collecting evidence at the crime scene. 1. The Investigator shall have the primary responsibility of protecting, collecting, and preserving evidence. 2. The Investigator shall coordinate the taking of appropriate photographs and completion of applicable crime scene sketches. 3. When possible, the investigator shall cause photographs of evidence to be made and use the photos as evidence in any criminal proceeding. D. The investigating officer has the primary responsibility of conducting interviews of witnesses and/or suspects. E. Members shall follow all applicable NWFSCPD written directives when placing or removing an item from the evidence room and shall endeavor to have property returned to victims as soon as practical. F. Members making an arrest shall abide by all Florida State statutes and NWFSCPD written directives applicable to arrest procedures and citizen/officer safety. Members shall also be aware of and comply with the following: 1. Safeguard the constitutional rights of all suspect(s) by the issuance of a Miranda Warning. Suspect(s) should read and sign a Constitutional Rights Form indicating they have been advised of their constitutional rights; 2. Do not coerce suspect(s) to make involuntary statements or admissions; GENERAL ORDER 20-10 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 3. Ensure that suspect(s) are allowed access to legal counsel; and 4. Do not make any pre-trial publicity statements that would tend to prejudice a fair trial. G. Members should attempt to obtain a written statement from all suspect(s) who are interviewed. The suspect(s) first shall be advised of their constitutional rights using a Constitutional Rights Form. The statement should be written by the suspect using a “Sworn Affidavit” or by the investigator upon a suspect's request. H. If an arrest warrant is needed, refer to General Order 13, “Arrest Warrants”. I. If a search warrant is needed, refer to General Order 15, “Search Warrants”. J. A photo spread or show-up may be used by Investigators and investigating officers during an investigation. Refer to SOP 10, “Eyewitness Investigations”. K. A second contact shall be made with victims, witnesses, and complainants in those cases which are not solved. The second contact may lead to clarification of a matter or it may result in new information. After five (5) working days, the investigator will: 1. Contact local telephone; or victims, witnesses, and complainants in person or by 2. Contact out-of-town victims, witnesses, or complainants by telephone or mail. L. The Investigator shall keep the victim apprised on the status of the case. 1. If an arrest is made, the Investigator will ensure that the victim is made aware of any and all judicial proceedings or hearings to which one is entitled to attend. 2. In cases which cannot be solved, the investigator will inform the victim of the reasons for this and that all investigative efforts have been exhausted. 3. The investigator will direct and assist those victims entitled to special counseling, advocacy programs, and any special compensation to the appropriate victim services. 4. Investigators who will be off-duty for an extended period of time, such as on annual vacation, will advise their supervisor on the status of any case still active. This will ensure that the victim and the assigned State Attorney will have a point of contact in the Investigator’s absence. GENERAL ORDER 20-11 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT V. FOLLOW UP INVESTIGATIONS A. Investigators and officers will use the following steps, if applicable, in conducting follow-up investigations. These steps will be used as a checklist to aid in the investigation: 1. All appropriate previous reports, agency records, laboratory examination results and external sources of information will be reviewed and analyzed; 2. The criminal histories of all suspects will be checked; 3. All applicable NWFSCPD records will be reviewed; 4. Additional information from patrol officers, witnesses, and informants will be sought out; 5. Additional interviews and interrogations will be conducted; 6. Conducting searches for additional physical evidence; 7. Crime information will be disseminated as needed; 8. Searches will be planned, organized, and conducted; 9. Every attempt will be made to identify and apprehend suspects; 10. Suspect involvement in other crimes should be addressed based on information received from interviews and follow-up investigation; 11. Cases will be prepared for court presentation; and 12. The Lieutenant and/or Investigator will assist the State Attorney's Office in prosecution. Rev. 061013 VI. INTEGRITY OF INVESTIGATIONS A. Officers and Investigators shall ensure each investigation meets the highest standards of the Northwest Florida State College Police Department by seeing to it that: 1. The elements of the crime have been established; GENERAL ORDER 20-12 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 2. All victims and witnesses have been contacted for verification of information and to seek additional information regarding the case. 3. Complete and thorough sworn statements have been taken; 4. Any issues with initial reports, statements, evidence collection, etc. have been addressed; 5. All evidence has been reviewed; 6. Canvasses of the area have been conducted when appropriate or when previous canvasses were incomplete or improper; 7. Applicable database checks have been completed to learn about suspects and persons, locations, or other incidents connected to the investigation; 8. Appropriate forensics requests/submissions have been made with supervisory approval and following FDLE evidence submission guidelines; 9. Prudent efforts to gain conclusive physical evidence have been made where possible; a. Examples: Search for the weapon, other evidence, clothing, tools, or to seek a search warrant; 10. Photo line-ups are produced and presented where applicable; 11. If warranted, facilitate a composite drawing of the suspect(s); 12. When appropriate, disseminate suspect information to sworn department members and other law enforcement agencies, and that 13. All actions are thoroughly documented in police reports. VII. CASE FILE MAINTENANCE A. Types of records to be maintained in the Investigations unit: 1. Reports maintained in the Investigations unit include copies of case reports, property receipts, line-ups where no suspect was identified, copies of probable cause forms and arrest warrants, and any associated search warrants. a. Letters signed by the NWFSC Student Affairs office representative for the receipt of reports on students are also maintained in the Investigations unit. GENERAL ORDER 20-13 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT 2. All case files containing juvenile arrest records, photographs, fingerprints must be maintained separately from adult case files. and/or 3. Records related to active vice and organized crime investigations are maintained separately and securely from the central records system in the Investigative unit. B. Accessibility to Investigative unit files is prohibited unless approved by the Chief of Police or designee(s). Upon approval: 1. These files shall be made available to members of the NWFSCPD who demonstrate an official need for access to the information; and 2. Information from the case files will be shared with members of other law enforcement agencies who properly identify themselves and demonstrate an official need for the information. C. Security of Investigative unit files: 1. Case files in which investigative actions are ongoing shall be securely maintained by officers and investigators in locked cabinets or drawers at all times unless actively being utilized, and only then under close supervision of the officer or investigator. D. Purging of Investigative unit files: 1. Case files shall be purged and transferred to the Records Section when the cases are completed. VIII. DE-CONFLICTION PROCESS A. De-confliction is a process to prevent agencies involved with an investigation of the same person from not knowing about the other’s investigation. This becomes especially helpful with Northwest Florida State College being so close to NPD, OCSO, and VPD, and a significant portion of these agency’s residents and students being NWFSC students. B. NWFSCPD investigations potentially having a connection with another local law enforcement agency based on M.O. (modus operandi) or suspect information will be shared with those agencies. 1. When a NWFSC Police Officer places anyone in custody who has a potential connection to another local agency investigation, the appropriate sister agency GENERAL ORDER 20-14 NORTHWEST FLORIDA STATE COLLEGE POLICE DEPARTMENT should be contacted by the officer prior to Mirandizing the subject or getting too involved in the interview process. a. The preferred method of contact during weekdays is by phone; otherwise the notification should be made by fax to the appropriate agency investigator. 2. Once a notification has been made to a sister agency, the NWFSC Officer will wait a reasonable amount of time for a reply before continuing the investigation as it pertains to advisement of rights and subject interviews. C. The following are types of investigations to be considered for “de-confliction”: 1. Narcotics arrests beyond simple possession and/or if it appears the subject has a lengthy narcotics history; 2. Burglary investigations with a named suspect or a unique M.O.; 3. Counterfeit and financial crimes; 4. FIRs, TPWs and subjects wanted on local warrants; 5. Loitering and Prowling cases; 6. Incidents having a sex crimes nexus; and 7. Suspicious incidents. GENERAL ORDER 20-15