GEORGIA ASSOCIATION OF CHIEFS OF POLICE
SAMPLE LAW ENFORCEMENT OPERATIONS MANUAL
CHAPTER: 17 - Investigative Functions
EFFECTIVE DATE:
NUMBER OF PAGES: 31
REVISED DATE: APRIL 1, 2014
DISTRIBUTION:
SPECIAL INSTRUCTIONS: GEORGIA LAW ENFORCEMENT CERTIFICATION
PROGRAM (GLECP) STANDARDS INCLUDED: 4.2, 5.19, 5.20, 5.21, 5.22, 5.23, 5.24,
5.26, 5.27, 5.30, AND 5.32
This chapter presents an overview of a unified system for use by both uniformed
officers and Criminal Investigation Division (CID) personnel to improve the
management of investigations and to set Agency priorities.
The title Detective and Investigator are interchangeable and should not be construed as
different for the purposes of this chapter when adapting it for your agency.
ATTENTION CEO: If your agency does not have investigators and you will be
conducting investigations with a uniformed officer, you should take this policy and
modify it accordingly. The fact that an agency does not have investigators does not
relieve the agency from adhering to best practices outlined in this chapter. You should
contact your local District Attorney’s office prior to embarking on an investigation that
may lead to the use of a photo array or identification of a suspect through means other
than apprehending the suspect at the scene. You should also consider changing the
title of detective or investigator in this chapter to “sworn personnel”. You will also
notice in the Purpose section, this chapter establishes guidelines for “both uniformed
officers and investigators.”
INDEX
I.
PURPOSE
To increase the effectiveness of the ___________ Department’s investigative efforts by
establishing investigative procedures and guidelines for both uniformed officers and
investigators. Establishes procedures for determining the level and type of follow-up
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investigations required; procedures and guidelines for processing crime scenes; and
establishes an investigative management system.
II.
SCOPE
These procedures shall apply to all sworn personnel of the ___________ Department.
III.
INVESTIGATIVE PROCEDURES
A. Development of Information. (GLECP Std. 5.23a)
1. The development of pertinent case information begins when a call is received and
continues until the case is cleared or moved to inactive. Obtaining and recording
even apparently minor information is often critical to the successful resolution of a
case.
Sources of information that are valuable and should be utilized include; but are not
limited to:
a) Vehicle files;
b) Arrest records;
c) Traffic and accident reports;
d) Identification section photograph and fingerprint records
e) Pawn shop records;
f)
Permit Unit records; and
g) Haines Criss Cross directory.
h) Traffic cameras
i)
GDOT cameras
j)
In car cameras L.E. cameras and civilian cameras such as “Go Pro.”
2. Outside agency information can be valuable in an investigation and should be
utilized when appropriate. Such information includes; but is not limited to:
a) NCIC/GCIC criminal history records information;
b) Department of Motor Vehicles Safety (DMVS) records;
c) Local and federal agency records;
d) Court records;
e) Tax records;
f)
Licensing Units records;
g) Welfare and social service agency records;
h) Board of education records;
i)
Real estate records;
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j)
Post office records; and
k) GCIC off-line searches for vehicle type, etc.
3. Private organizations and agencies can also provide information valuable to
investigation. Subpoenas may be necessary to obtain confidential and / or certified
records. Such sources of information include; but are not limited to:
a) Utility companies;
b) Telephone companies;
c) Banks and credit agencies;
d) Union and professional agencies;
e) Insurance companies;
f)
Neighbors, social contacts and business associates; and
g) Medical records.
B. Interviews and Interrogation (GLECP Std. 4.2a, 5.23b)
The effective use of field interviews, and interviews of victims, witnesses, and interviews
of suspects are often crucial in solving many types of crimes.
1. Field Interviews
a) Field interviews are a productive tool and source of information for law
enforcement. When used properly, they can discourage criminal activity,
identify suspects and add intelligence information to the files of known
criminals.
b) Field interviews should be conducted and documented on a field interview
form. The suspicious behavior would be recorded on the report along with all
personal information possible.
2. Victim/Witness Interview
a) Detailed notes and / or a written statement should be made for future
reference giving time, date, location, detective(s) present, etc... The trauma /
stress to which the victim or witness has been subjected should be
considered and the interview conducted in such a manner as to reduce stress
and minimize further problems.
b) The age, physical limitation and credibility of the witness(s) should also be
considered.
3. Suspect Interview
a) When interviewing suspects, detectives (consider using “sworn
personnel” in lieu of detective) should consider these important points:
i.
Interviews to obtain investigative leads and/or confessions can be
very useful, but all constitutional precautions must be taken and
recorded if the interview is to be used in court later.
ii.
Detailed notes and / or a written statement should be made for future
reference and court use giving time, date, locations, officers present,
waiver of rights (if applicable), time interview ended and other
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information needed.
iii.
Statements obtained during an interview must not be based on
coercion, promises, delays in arraignments, or deprivations of
counsel.
iv.
In order to use a statement in court, a suspect under arrest who is to
be interrogated must be advised of the Miranda warning and the
detective must be able to demonstrate that the suspect understood
those rights and made a knowing and intelligent waiver of those
rights. A waiver of rights form has been devised to ensure that the
suspect in custody understands all constitutional rights and desires to
waive such rights. The officer shall ensure that such forms are
completed and made a part of the investigative file.
v.
Officers conducting an interview must give serious consideration to
the age, education and mental and physical condition of the person in
custody prior to interviewing the person. The detective/officer must
themselves be convinced that the person in custody fully understood
his/her constitutional rights and they must never threaten, trick or
coerce any person in custody when trying to obtain a statement or
confession.
vi.
Juvenile victims, witnesses and suspects must be given the same
constitutional protection as adults. The following safeguards should
be followed: (GLECP Std. 5.30c)
(a) Parents or guardians should be notified whenever a juvenile
is taken into custody or charged. (GLECP Std. 5.32a)
(b) The number of detectives engaged in the interview and its
duration should be kept to a minimum. (GLECP Std. 5.32b)
(c) A brief explanation of the juvenile justice system and
Department procedures should be provided. (GLECP Std.
5.32c)
b) If there is more than one (1) suspect to be interviewed, the suspects should
be separated and interviewed individually.
c) Detectives should remember that by using innovative, yet proper methods,
much valuable evidence can be obtained from victims, witnesses and
suspects. A flexible and effective interview technique can obtain valuable
evidence that might otherwise be lost.
d) Interviews should normally be conducted in an interview room. In most
cases, interviews should be conducted by no more than two (2) detectives.
4. Documentation of Statement by Accused
a) Whenever possible, any statement made by the accused should be recorded
on either audio or video tape. The recording should include the accused’s
waiver of rights at both the beginning and end of the tape. A verbatim
transcript will be made upon approval of a supervisor.
b) A new tape will be used for statements from each suspect / victim.
c) All tapes will be handled as evidence and a property receipt will be completed
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prior to turning tapes over to the Evidence Custodian. The property receipt
number will be documented in the investigative summary prepared on each
interview and a copy of the receipt will be included in the case file.
d) If it is not possible to record the statement, the officer must fully document the
content of the statement. Whenever possible, the accused should be asked
to sign any written statement in which a confession or admission of guilt is
contained.
e) Georgia law (OCGA 17-16-4) requires that the State furnish the defendant
with a copy of any statement made while in custody. Failure to provide the
defendant or his/her attorney with a copy of the statement renders the
statement inadmissible. ATTENTION CEO: This is usually done at the
prosecution phase of an investigation. It is strongly recommended that
you seek guidance from your District Attorney’s Office for guidance on
when/if an investigator should provide anyone with a statement outside
of the DA’s office conducting this function. See XV below.
NOTE: No later than 10 days prior to trial, the State is required to disclose to the
defendant, or his/her defense counsel, and make available for copying any
relevant written or oral statement made by the defendant to a person who the
defendant knew to be a law enforcement officer, whether before or after the
arrest. This includes those portions of written reports that contain the substance
of relevant oral statement made by the defendant. OCGA 17-16-4(a). Failure to
disclose a defendant’s statement can result in the court imposing sanctions,
including barring the use of the statement at trial or taking direct action against
the officer(s) involved or the Agency. OCGA 17-16-6.
5. Interpreters
a) When there is doubt of a person’s ability to use and understand the English
language, and an officer is not qualified in the principle language of the
person, the officer will contact his/her supervisor for assistance. The
supervisor will be responsible for obtaining a qualified interpreter. Any
confession made without an interpreter may result in the statement being
rendered inadmissible in court.
b) This policy shall also apply to those persons who are hearing impaired. For
hearing impaired assistance, contact the Department of Human Resources,
Georgia Interpreting Services Network at 1-800-228-4992 or 404-657-5932.
C. Collection and Preservation of Physical Evidence (GLECP Std. 5.23c)
Physical evidence is of major importance in all cases, particularly those without witnesses.
The successful prosecution of a case often hinges on the quality of the physical evidence
that is collected and preserved.
1. All officers and detectives are responsible for the preservation of evidence and for
maintaining and documenting the chain of custody of all evidence that is in their
custody.
2. Most evidence collected will be handled by the detective in charge of the crime
scene.
3. Officers having questions about collection and preservation of specific items of
evidence should consult the evidence custodian or the detective in charge.
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(Also see SOP Evidence Ch. 13)
D. Background Investigations
In the course of conducting criminal investigations, it is sometimes necessary to seek out
background information concerning individuals or organizations that are suspected of
criminal activity. Investigations may be conducted to gain intelligence information, establish
known associates, develop M.O.s, etc. These investigations should be conducted as
discreetly and as confidentially as possible in order to protect innocent persons.
An officer who decides that a background investigation is necessary shall consider the
following when conducting the investigations:
1. Identifying the purpose of the investigation.
2. Identifying potential sources of information.
3. Determining how the information will be used after it has been collected.
4. Controlling the distribution of related records.
5. Possible purging of these records at a future date.
6. In this regard it should be remembered that the dissemination of information on
suspect offenders that would not be admissible in court should be restricted to those
officers who have a clear need for such information.
7. This regulation shall apply to background investigations done for the licensing of
businesses as well. It shall not apply to background investigations that are conducted
for employment purposes.
E.
Surveillance and Electronic Equipment
1. Surveillance is the secretive observation of a person, place or vehicle and is a basic
law enforcement technique that can be used by all departmental units. Surveillance
can be used effectively to gather evidence of illegal activity or, in the case of a
stakeout, to apprehend criminals after a pattern of criminal activity has been
identified. All investigators and officers should be encouraged to use surveillance of
known trouble spots and known violators as part of their efforts to suppress crime
and arrest suspects. (GLECP Std. 5.23d)
2. Electronic Equipment (GLECP Std. 5.26)
a) Electronic surveillance equipment and its components are designed for covert
interception of audio and visual evidence for law enforcement purposes. It is
an invaluable tool when used properly. To ensure compliance with legal
requirements, the use and operation of electronic equipment will be strictly
controlled. Any employee who utilizes any electronic surveillance equipment
in violation of the law or for any other purpose outside the scope of his/her
authority will be subject to legal and/or disciplinary action.
i.
Electronic surveillance equipment is assigned to the Criminal
Investigation Division. The equipment will be the responsibility of the
CID commander of his/her designee.
(a)
Only personnel who have been trained in its use and operation
shall be authorized to operate said equipment.
(b)
All electronic surveillance equipment shall be stored and
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maintained in a secure location as designated by the CID
Commander.
(c)
All electronic equipment shall be maintained in good working
order and inspected on a monthly basis.
(d)
Thorough records shall be maintained regarding all facets of
the electronic equipment, to include a log to record all use.
b) An officer or investigator who, in the course of his/her assigned duties,
requires the use any electronic equipment shall inform the CID Commander
concerning the details of the investigation and the need for the equipment.
c) If the CID Commander approves the use of the electronic equipment for the
investigation, he shall make arrangements for its use.
d) The officer requesting the use of the equipment shall be responsible for its
proper operation throughout the extent of the investigation. Once the
investigation is completed, the officer shall return the equipment in good
working order. The CID Commander shall check the equipment upon its
return for any damage.
e) Electronic equipment may be loaned to or borrowed from other agencies only
with the approval of the CID Commander.
IV. PRELIMINARY INVESTIGATIONS
Except in those cases where the presence of a uniformed officer would obviously hinder a
proper investigation or specific expertise is required, the responding officer at an incident
shall be responsible for conducting the preliminary investigation of an incident.
The responding patrol officer shall initiate and complete as many of the activities listed
below as are necessary. The individual circumstances of the incident will determine how
many of the activities are required.
The patrol officer assigned shall be responsible for initiating action through his/her
immediate supervisor to inform other appropriate departmental sections that a serious crime
or one requiring immediate on-the-scene, follow-up investigation by Criminal Investigations
Division exists.
The steps to be followed in conducting the preliminary investigation shall include, but not be
limited to:
A. Observation of All Conditions, Events and Remarks/Statements Made (GLECP Std.
5.19a)
This shall include observation of time, date, day of week, weather, chronological order of
events, remarks/statements of victims/witnesses/suspects, etc.
B. Location and Identification of Witnesses and Victim(s) (GLECP Std. 5.19b)
The responding officer shall locate all witnesses and victims and retrieve as much
information as needed to conduct the preliminary and follow-up investigations, if any.
This shall include names, addresses, phone numbers (home and work), dates of birth,
social security numbers and any other information deemed necessary by the officer.
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C. Maintenance and Protection of Crime Scene (GLECP Std. 5.19c)
The responding officer must secure the crime scene, if one exists, to prevent potential
contamination of the scene. All patrol supervisors shall carry “crime scene” tape in their
vehicle, and this tape should be used to cordon off the area of the crime scene.
A. Arranging for Collection of Evidence
If an investigator will be called to the scene, the responding officer shall keep all parties
away from the evidence in case the investigator is able to process the evidence. If the
responding officer will be handling the entire case, including the collection of evidence,
this officer shall be responsible for the collection, packaging, and transporting of the
evidence to the evidence custodian.
E. Initial Interviewing of Victims, Witnesses, and/or Suspects (GLECP Std. 5.19d)
The responding officer shall interview individuals involved to gather information
regarding the incident. This information, if applicable, shall be placed in the narrative
section of the incident report and/or on witness statements attached to the report
V.
FOLLOW-UP INVESTIGATIONS
ATTENTION CEO: Section A, 1-6 is not all inclusive and should be used as a guide
for which kinds of calls you want your investigators/detectives to respond to at the
request of the supervisor. For example; a burglary with a specific dollar amount, auto
theft etc.
A. The follow-up investigation is an extension of the activities of the preliminary and
immediate investigation; not a repetition of it. The purpose of the follow-up investigation
is to build upon available evidence and information to prove the elements of a particular
crime. This follow-up investigation can then lead to the arrest and successful
prosecution of the perpetrator(s) and/or recovery of stolen property.
Follow-up investigations of incidents will be the primary responsibility of the Criminal
Investigation Division (CID). However, patrol officers who acquire additional information
on incidents should complete a supplemental report or forward the information to CID.
The following incidents require immediate notification of investigative personnel by the
uniform patrol supervisor:
1. All death investigations
2. Armed robbery
3. Rape
4. Aggravated assault
5. Kidnapping
6. Child abuse cases
B. Function in Non-Criminal Cases
The basic function of the follow-up investigation in a non-criminal case includes, but is
not limited to:
1. Interviewing complainants and witnesses;
2. Locating missing persons;
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3. Determining if information or suspicious activity may / does relate to criminal activity;
4. Distributing information to the proper persons or agencies;
5. Locating lost property and returning it to the owner;
6. Investigating deaths, overdoses, suspicious circumstances and injuries to determine
if a crime was committed;
7. Making necessary notification, conducting necessary inspections; and
8. Recording information obtained.
C. Function in Criminal Cases
The basic function of the follow-up investigation in a criminal case includes, but is not
limited to:
1. Reviewing and analyzing reports of preliminary investigations; (GLECP Std. 5.20a)
2. Recording information obtained during follow-up investigations;
3. Reviewing records for investigative leads;
4. Interviewing victims, witnesses, and suspects; (GLECP Std. 5.20b)
5. Seeking additional information (uniform officers, informants, etc.); (GLECP Std.
5.20c)
6. Arranging for the dissemination of information as appropriate (roll call, teletype,
lookouts);
7. Planning, organizing and conducting searches; (GLECP Std. 5.20d)
8. Collecting physical evidence;
9. Recovering stolen property;
10. Arranging for the analysis and evaluation of evidence;
11. Reviewing results from laboratory examinations; (GLECP Std. 5.20a)
12. Identifying and apprehending the perpetrator; (GLECP Std. 5.20e)
13. Checking for suspect’s criminal history; (GLECP Std. 5.20g)
14. Determining if other crimes may have been committed by the suspect; (GLECP Std.
5.20f)
15. Consulting with the appropriate prosecutor’s office in preparing cases for court; and
(GLECP Std. 5.20h)
16. Attending all court proceedings as required.
VI.
CRIMINAL INVESTIGATIVE DIVISION DUTIES AND RESPONSIBILITIES
The Criminal Investigations Division is responsible for determining follow-up investigative
needs for all Part 1 and Part 2 cases and those patrol cases needing special attention or
long-term investigation.
A. Detective Responsibility
Detectives will be responsible for:
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1. Follow-up investigation on all cases assigned.
2. Developing an investigative plan for each case assigned, including:
a) Witnesses to be interviewed.
b) Locations to canvas.
c) Records to obtain and check.
d) Other investigative techniques to be utilized
(stakeout, photo show, etc.).
e) Informant information.
f)
Making a second contact with victims and/or witnesses for possible additional
information.
3. Notifying the Detective supervisor of any change in the case status.
4. Documenting all investigative activities.
5. Discussing case details with supervisor prior to obtaining arrest and search warrants.
B. Detective Supervisor Responsibility
1. The Detective supervisor will be responsible for:
2. Assignment of all cases.
3. Monitoring of case progress.
4. Disposition of all arrest and search warrants.
5. Proper use of investigative techniques by detectives.
6. Determining the suspension of investigative activity due to the lack of investigative
leads.
7. Quality of investigations and reports assigned to detectives.
8. Coordination of investigative efforts with the Patrol Division and other law
enforcement agencies.
9. Submit monthly report of section activities to the Chief Executive Officer and
certification manager.
10. Establish work schedules and deployment tactics.
11. Coordinate and direct the section’s investigative efforts.
12. Develop required records to be used for direction, monitoring and evaluation of the
detective’s activities.
13. Supervise personnel on a continuous basis to stay abreast of ongoing
activities.
14. The training and development of detectives.
VII.SOLVABILITY FACTORS
A. For the purpose of this order, a solvability factor will be deemed to be present if any of
the following factors are apparent at the end of the preliminary investigation process:
1. The suspect or offender is known.
2. Personal injury or threat of injury occurred.
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3. Significant data is available about the suspect(s) or accomplice(s), such as address
or locations frequented.
4. A victim or witness could possibly identify the suspect or accomplice from a photo or
in-person line-up.
5. Traceable property taken or recovered.
6. The suspect’s or accomplice’s vehicle license number is known completely or
sufficiently known to be traceable.
7. A good description of the vehicle is known or a distinctive description of part of the
vehicle or its contents is known and traceable.
8. A suspect’s fingerprint(s) is obtained.
9. Significant physical evidence (either traceable or uniquely distinctive) is developed.
10. An unusual, distinctive or significant modus operandi pattern is identified.
11. Multiple occurrences with the same victim or multiple occurrences in the same
geographic area.
12. Time frame of occurrence.
13. A case may also be investigated based upon its public or political sensitivity.
VIII. CASE ASSIGNMENT
The CID Commander or his/her assistant will review incident reports daily and will apply a
formal case screening process to all crimes to ensure that investigative resources are
assigned to those cases that can most benefit from the expenditure of additional
investigative effort. Screening will be based on research and experiences within the agency
and solvability factors.
Cases in which no solvability factors and no investigative leads are present will not be
assigned to a detective for follow-up investigation. These cases will be placed in an inactive
status.
A. The CID supervisor will assign cases for follow-up investigation in a fair and equitable
manner based upon
1. Category of Crime
2. Expertise of Detective – (Detectives possessing specialized skills, knowledge and
abilities in that area of investigation.)
3. Case load of Detective
Once the assignment has been made, the detective has full responsibility of the case
and is thus held accountable for the investigation. This does not preclude more than
one detective being assigned to a case. However, one detective will be designated as
the case coordinator for each case.
B. A CID supervisor will review each case with the assigned detective at least once every
30 days as long as the case is in an active status.
C. A case assignment record shall be maintained in the computerized Case Management
System. The supervisor assigning the case will enter the appropriate information onto
the computer before assigning the case out to a detective. At a minimum, information
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entered on the computer will include; (GLECP Std. 5.24a)
1. Case number.
2. Date of occurrence.
3. Date assigned.
4. Type of case.
5. Detective assigned to the case.
6. First supplemental date (____ days.)
D. Detectives shall make contact with victims/witnesses within 48 hours to determine if any
new information has been discovered or remembered.
E. Cases assigned will be reviewed with the assigned detective by the detective supervisor
within 15 days of assignment for reasons of continuation or closure.
ATTENTION CEO: If the agency does not use a computerized data base to track
cases, the agency must have in place a log, record or other type of tracking
mechanism to track case assignment to the CID function.
IX. CASE STATUS AND CLEARANCE (GLECP Std. 5.24a, b)
A. Case Status When Not Cleared
1. Active
a) This status is used at the conclusion of an investigative summary when an
investigation is still active and possesses a degree of solvability.
Detectives will not maintain a case report in “Active” status beyond thirty (30
suggestion) days unless a continuing flow of information and leads are
available to support the “Active” status.
2. Inactive
a) This status is used at the conclusion of an investigative summary to indicate
all investigative efforts have been exhausted, there is an unavailability of
investigation resources and / or insufficient degree of seriousness and the
case will be inactive pending the development of further information.
b) If new information is discovered on an inactive or unassigned case, the
supervisor will then assign the case to a detective.
c) A supervisor must approve the clearing of a case or moving it to an “Inactive”
status.
B. Cleared Case Status
Cases will receive a clearance status upon conclusion of the investigation by a detective.
They will be classified as follows:
1. Cleared by Arrest
a) An offense is cleared by arrest when one or more persons are arrested and
held for prosecution.
2. Cleared / Unfounded
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a) An offense is considered unfounded when the investigation yields no
evidence to verify that the incident occurred.
3. Exceptionally Cleared
a) An offense is considered cleared by exception when it falls into one or more
of the following categories:
i.
The handling of a juvenile offender, either by verbal or written notice
to parents in instances involving minor offenses.
ii.
Suicide of the offender (the person responsible is dead)
iii.
Double murder (two persons killed each other)
iv.
Deathbed confession (the person responsible dies after making the
confession)
v.
Offender killed by law enforcement or citizen
vi.
Confession by offender already in custody or serving sentence (this
actually is a variation of a true clearance by arrest - you would not
“apprehend” the offender, but in most situations like this the offender
would be prosecuted on a new charge.
vii.
An offender prosecuted in another city for a different offense by state
or local authorities, or prosecuted in another city or state by federal
government for another offense (you attempt to return him / her for
prosecution, but the other jurisdiction will not release to you).
C. Case Control/Monthly Report
Case assignment records will be maintained by the CID supervisors for the purpose of
preparing monthly activity reports. These records will be maintained on the case
management system. The case management system will show the following:
1. Case number.
2. Type of crime.
3. Date of occurrence.
4. Date of assignment.
5. Case status.
a) No leads.
b) No prosecution.
c) Leads exhausted.
d) Cleared by arrest; adult, juvenile.
e) Counts.
6. Date case closed/inactivated.
(Note: Section 5a through e and Section 6 require supplemental reports to validate the
status.)
X. INVESTIGATIVE DIVISION CASE FILES
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ATTENTION CEO: The scanning or filing of CONFIDENTIAL documents or any other
document in this section is up to the agency how it is done. It is highly
recommended that some type of electronic file management system is used so a
permanent record can be kept and easily located in the event the case becomes a
cold case or the investigator leaves the agency or is reassigned etc.
Original incident, supplemental and investigative reports shall be forwarded to the Records
Section where they will be filed (permanently scanned into the optical imaging file system.)
Materials of a confidential nature shall be marked CONFIDENTIAL in red ink prior to
scanning so information of a non-public nature will not be released to unauthorized
personnel. Scanning/filing of confidential documents shall be done by the administrative
assistant to the command staff and CID. (GLECP Std. 5.24c)
The computerized file system provides several levels of records access and security based
upon the type of record. For example, records scanned as “confidential” may only be
accessed by an investigator. (GLECP Std. 5.24d)
A working copy of the case file shall be used by the investigator. These case files will
contain copies of all reports, supplemental reports, statements, crime lab reports, case
status reports and other reports and records used for investigative purposes. Statements,
video or audio tapes, forged documents and other items of an evidentiary nature will be
placed into evidence and not maintained as part of the working copy.
Once a case file is completed, it shall be turned in to the CID Commander for review. All
case files completed, leads exhausted, unfounded or no prosecution are reviewed for
completeness and accuracy.
Purging of files is not necessary as all “original” files are maintained electronically. Working
copies are the responsibility of the assigned detective and no permanent storage space is
provided. (GLECP Std. 5.24e)
Any requests under the Open Records Act pertaining to an active investigation or of a
nature deemed confidential under the act shall be reviewed by the CID Commander before
release.
Other files maintained in Criminal Investigations Division include informant files, monthly and
annual reports, field interview reports.
XI. PROCEDURE FOR SERIOUS INJURY OR DEATH CRIME SCENE PROCESSING
A. Serious Injury
1. Upon arrival of the first officer on the scene, the officer will consult with the medical
technician present (EMT) and determine if there is a serious injury or a death.
2. If there is a serious injury and not a death, the officer will allow the medical
technician to treat and transport the injured.
3. The officer will secure the crime scene and detain all witnesses, if possible. If a
witness must leave the location the officer shall record the name of the witness,
home and work addresses and phone numbers and a brief statement of what was
witnessed, if possible.
4. The officer will notify the communications Center and request a supervisor who will in
turn go to the scene and evaluate the situation. The supervisor shall make the
determination if a detective is needed.
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5. Upon arrival, the detective will if additional assistance is needed and make
notification to the Detective supervisor. Upon receiving the information, the
supervisor shall advise of additional assistance; i.e. detectives, detective supervisor.
B. Natural Death
Upon arrival of the first officer, the officer will carefully observe the scene. If the officer
can determine from the immediate circumstances that the death is natural, he will notify
the Communications Center to dispatch a supervisor to the scene. The supervisor will
make a final determination as to the circumstances surrounding the death. After all
questions and possibilities about the death have been satisfied and the death is
considered natural, the Medical Examiner may be called to the scene. In all cases of
death the Medical Examiner will be notified regardless of the circumstances.
C. Violent or Suspicious Death, Homicide Cases
1. Upon arrival of the first officer on the scene, the officer will request the medical
technicians to stand by and will detain all witnesses. If a witness cannot be retained
the officer shall record all required information and forward that information to the
detective.
2. The officer will notify the Communications Center and request a supervisor who will
respond to the scene and evaluate the situation. If a detective is needed, the
supervisor shall make the determination and authorize notification. The detective
shall make proper notification to the Detective supervisor of all facts and requests
regarding the case.
3. The officer on the scene will remain to secure the scene and assist the detectives by
detaining anyone who attempts to leave before they have been interviewed. If they
cannot be detained, the officer will record their names and addresses to the
detectives can follow up with an interview.
4. The officer will remain on the scene until relieved by the detective in charge.
5. Upon arrival of the Medical Examiner, the detective in charge will cooperate with the
Medical Examiner so he can:
a) Observe the scene.
b) Take photographs of the body.
c) Jointly with the detectives, search and remove the personal property from the
deceased. The detective and evidence custodian will ensure that a complete
inventory of all personal effects is made and release any non-evidentiary
personal property to the Medical Examiner for return to the person entitled to
same.
6. Property of evidentiary value on the deceased or at the scene will be thoroughly
inventoried by the detective and/or evidence custodian.
7. Upon completion of the crime scene search, the investigating detective and the
Medical Examiner will coordinate the release of the body for autopsy or other
appropriate disposition.
D. Handling of Homicide Cases
The solution of a murder, together with the proper presentation of evidence, must be the
responsibility of the entire department. Criminal Investigations Division and Patrol
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Division must all work together as a team. The responsibility for coordinating the entire
investigation will rest with Criminal Investigations Division and they shall have the sole
responsibility of handling the technical phases of the investigation. The first officer to
arrive on the scene and other Division or section personnel will also have definite
responsibilities in such cases.
It should be noted that the ultimate solution to any homicide case can be seriously
impaired or perhaps even completely destroyed if the scene is disturbed or
contaminated by members of this department or unauthorized persons. Extreme care
should be exercises in isolating the scene immediately and it should remain so until
competent authority directs otherwise. To ensure all such cases are being handled in an
efficient and businesslike manner, it is hereby ordered that the following procedure be
followed in all homicide cases, serious assaults where death may result or any sudden
deaths of a suspicious nature.
1. Duties of the First Officer to Arrive on the Scene
a) If there is any possibility of life remaining in the victim, administer first aid and
summon or have someone else summon an ambulance or nearby physician.
i.
If the victim is removed to a hospital and there is only one officer
present, he shall remain and protect the scene. Notification shall be
made to the Shift Supervisor who shall respond to the scene and
determine if additional assistance is needed. Another officer shall
proceed to the hospital to obtain a statement or report from the victim,
if possible. If two officers are present, an officer will accompany the
victim to the hospital and the other will remain at the scene.
b) An officer who accompanies a victim or who is sent to a hospital in such
cases must in every instance make an effort to obtain a description of the
assailant, his/her identity if possible, and a complete statement of facts or
dying declaration when necessary and forward any pertinent information to
the Communications Center immediately.
c) The officer shall take possession of all clothing removed from the victim at the
hospital and shall caution hospital personnel against loss or destruction of
other articles of clothing left on the body.
d) Arrest perpetrator if possible.
e) Protect the immediate area of the crime scene, indoors and outdoors.
f)
i.
Patrol officers will not touch or disturb anything at the crime scene.
(EXCEPTION: Evidence may be taken into possession by an officer
if, in his/her judgment, the evidence may be lost, stolen or damaged if
left in its original position.) However, if evidence is removed due to
extreme circumstances, the officer shall note the exact location and
position of the evidence and forward the information to the detective.
Extreme care should be exercised not to contaminate the scene.
ii.
The room or the immediate area of the crime scene will be cleared of
all unauthorized persons except such officials whose presence is
required and/or authorized.
Request the supervisor to respond to the scene. Request additional officers
if needed to secure/ process the crime scene.
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g) Notify the Communications Center by telephone or radio of all particulars
which have been obtained, especially the description of suspect, route of
escape, etc., and request whatever assistance is required; i.e. detectives,
___________ Crime Scene Unit, Medical Examiner, etc. If in order to make
this call the scene will be left unguarded, the officer will remain at the scene
and direct a civilian to make the call.
h) Pending arrival of Criminal Investigations Division, the officer will:
i.
See that the body is left in its original position. If it is necessary to
move the body to the hospital or elsewhere, the officer will indicate the
position of the body by marking with chalk, crayon, string or other
means available and note same in his/her report.
ii.
Obtain names, addresses and identification of all witnesses and
detain them, if possible. If not, record the necessary information.
iii.
Exercise every precaution to safeguard any fingerprints or other
evidence, being careful to avoid destroying or impairing their value by
careless handling.
iv.
Upon arrival of a detective or commanding officer, inform him of the
following:
(a)
The witnesses being detained.
(b)
The evidence found, especially any evidence which has been
handled by the officer or other people.
(c)
All other information regarding the case.
i)
Enter all facts and details regarding the case in his/her field notes, especially
such things as date and time of call, time of arrival, weather and lighting
conditions, location, names and addresses of suspects and witnesses,
complete identification of victim, description and location of evidence,
description of crime scene, etc.
j)
Remain with the members of Criminal Investigations Division under their
supervision until the conclusion of the crime scene investigation.
k) In cases requiring a prolonged investigation, the first officer on the scene may
be detailed to plainclothes to work with the detectives.
2. Duties of Criminal Investigations Division
a) Duties at the crime scene:
i.
Upon arrival the Criminal Investigations Division shall take charge of
the crime scene. However, the patrol officer remains charged with the
responsibility of continuing to protect the murder scene as
aforementioned until the scene has been completely processed by
Criminal Investigations Division and/or the Crime Scene Unit. No
authorized person may enter the restricted area without the
permission of the detective in charge of the investigation. This will
include members of this department not assigned to the investigation.
b) Direct the taking of photographs and the search for fingerprints and other
evidence.
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c) Make required notes and sketches of the crime scene.
d) Assist the Medical Examiner.
e) Record, mark, preserve and take custody of all evidence in the case and
deliver the evidence to the evidence custodian or the crime lab for
processing.
f)
Keep accurate records of the entire case, especially those records
concerning:
i.
Possession and marking of evidence and where found.
ii.
Custody of prisoners (chain of custody).
iii.
Detailed description of crime scene.
iv.
Medical Examiner’s report.
g) Have all witnesses or other persons having knowledge of the crime taken to
law enforcement head-quarters for interviewing, with a detective present.
i.
If this is impractical, an officer shall question the person and take
necessary statements immediately.
ii.
Direct that such questioning be done privately and, if possible, prevent
witnesses from discussing the case among them until they have been
interviewed individually.
h) Keep communications informed of all new developments in the case, with
special attention to as full and complete a description of the assailant as
possible. Also the route and method of escape, weapon used and any
probable injuries suffered by the attacker.
i)
Assign personnel necessary to canvas the neighborhood with detectives.
These men will question all persons who may have knowledge or information
regarding the crime.
j)
Assign personnel to search the surrounding area for any evidence which may
have been lost or disposed of by the assailant while in flight. Whenever
possible, the detectives will supervise this search.
k) Conduct whatever investigation necessary outside the city limits of
___________, including communications or extradition processes.
l)
Review the case with the District Attorney to assure full preparation of case
for trial.
3. Control of Suspect Following Arrest
a) Whenever a suspect is arrested in a homicide case, Criminal Investigations
Division will be notified immediately.
b) Clothing and other evidence from the suspect will be marked, preserved for
contamination and delivered to the evidence custodian whenever laboratory
analysis is required.
E. Crime Scene Search and Investigative Reports
1. It will be the detective’s responsibility to conduct a thorough crime scene search,
inventory all evidence, describe all evidence and identify the location of all evidence
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in coordination with any crime scene personnel.
2. The detective will include the results of the crime scene search, a sketch of the crime
scene, if necessary, and details of items of evidence found and released.
3. In the event of a suicide and the location of a suicide note, the detective shall
preserve the suicide note for subsequent processing.
4. The evidence custodian or detective in charge will take appropriate photographs at
the scene and at the autopsy, collect appropriate evidence and submit same to the
GBI Crime laboratory.
5. The evidence custodian will prepare a supplemental report on photographs taken
and evidence collected and submits same to the investigative officer.
6. The evidence custodian will have photos processed and will retain the photos and
negatives to present at the Medical Examiner’s inquest and any subsequent judicial
proceedings.
7. The detective or evidence custodian may be required to appear at the autopsy to
ensure that any additional evidence is observed and released to the evidence
custodian. The detective should observe the location and nature of the wounds to
assist with their subsequent testimony and investigation.
8. The detective in charge of the investigation will assemble a complete investigative
report including details of the crime scene search, inventory of personal property,
evidence obtained, photos taken (which will be in the supplemental provided by the
evidence custodian) and a copy of crime lab reports. The investigative file shall be
turned over to the Lieutenant or CID Commander for inspection.
XII. FORGERY AND HANDWRITING SAMPLES
FORGERY - Valid checks which have been altered in any manner are considered forged
documents. In addition, when a person cashing a check signs a fictitious name or a true
name which is not his/her own, the crime shall be considered as a forgery, Georgia Code
16-9-1.
A. General Procedures
As soon as an officer/detective has determined he has a forgery case, he should
examine the original check and determine how it has been marked by the bank.
1. Checks marked in the following manner are generally forgeries:
a) Unauthorized signature.
b) Signature irregular.
c) Stolen.
d) Cannot locate account.
2. A passed check which has been determined to be a bad check must be presented to
the magistrate and handled in accordance with Georgia Code 16-9-20. This will be
handled as a civil matter by this court. No other action is required by the
investigating officer unless he is directed to do so by the court.
3. In cases of forgery, it is necessary to have the original check to compare with known
fingerprints and handwriting samples if a suspect has been identified. When the
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check is seized by the officer, it shall be handled and processed in accordance with
the procedure for submitting documentary evidence.
4. Forgery cases will be completed by Criminal Investigations Division. Patrol officers
will take the initial report when a detective is not available and will handle the
submitting of documentary evidence when required. If possible, the complainant
should be directed to see the detectives in order to provide additional information
that might be required to bring the case to a successful conclusion.
5. Detectives investigating forgery cases shall:
a) Attempt to locate the pattern (master) signature that the forger used to trace
the signature of another. If this pattern signature is located, it shall be
submitted as evidence and for examination.
b) If the signature is simulated or copied, the detective shall have the suspect
write samples of the exact signature and then submit these as evidence and
for examination.
c) If the detective compares a forged signature with the original and finds that
the forgery is a freehand simulation, he shall attempt to obtain samples of the
same signature from the suspect.
B. Collection of Handwriting Samples
1. Detectives obtaining known handwriting samples from suspects shall adhere to the
following procedures:
2. Duplicate the original conditions as nearly as possible when having a suspect give a
sample of writing; i.e. use the same size paper, same size writing area, same writing
instrument—pencil, ballpoint pen, fountain pen, etc.).
3. Have the suspect review and sign the handwriting waiver form. If the suspect
refuses to sign the form, handwriting samples cannot be taken.
4. Dictate to the suspect what he is to write. Do not allow the suspect to see the
original or copy of a questioned document.
5. Remove each sample of writing from the suspect’s view as it is completed. This will
hamper attempts on the part of the suspect to disguise his/her writing.
6. Do not give the suspect instructions in spelling, punctuation or paragraph
arrangement.
7. If the questioned document consists of a signature or a few words, have the suspect
prepare at least 25 samples of the original writing. When the signature or other
writing on the back of a check is questioned have the suspect write the required
number of samples on the unlined side, narrow end, of a 3 x 5 index card (or other
form used). This will duplicate endorsement conditions found on the back of a
check.
8. Where the questioned document consists of a long paragraph or a number of
paragraphs, have the suspect prepare at least three to five samples of the original
writing.
9. Make photocopies of all original forms and place copies in the investigative file.
10. Forward all forms, samples and original evidence to the evidence custodian to be
forwarded to the crime lab or for securing evidence in accordance with departmental
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procedures.
XIII. ARSON INVESTIGATION PROCEDURES
A. Fire Scene Investigation/Fire Department on Scene
1. The following guidelines shall be followed whenever suspicious fires or arsons are
being investigated within the City of ___________ and the fire department has
responded:
a) The fire department, upon its arrival at a fire scene, will be solely responsible
for determining the origin of the fire.
b) If the origin is of a suspicious nature, the ranking fire officer at the scene shall
immediately contact a fire department investigator and have him respond.
c) Upon the arrival of the fire department investigator, it shall be his/her
responsibility to conduct a preliminary fire investigation into the exact cause
of the fire.
d) If, after this investigation, the fire department investigator determines that it is
necessary to contact a law enforcement department detective, he shall
contact the Watch Commander who shall make contact with Criminal
Investigations Division or the on-call detective.
e) The law enforcement department detective, upon his/her arrival at the scene,
shall initiate a secondary investigation into the identity of the subject(s)
responsible.
f)
B.
Patrol officers shall assist the law enforcement department detective with the
investigation or arrest as may be required.
Fire Scene Investigation/Fire Department Not Called
1. If an officer has been called to the scene of a fire which has been extinguished
by someone other than the fire department and the fire department has not
responded to the scene, he shall conduct a preliminary investigation into the
origin of the fire.
2. If the officer determines that the fire is of a suspicious origin or arson, he shall
reflect this fact on the appropriate report and shall notify the Watch Commander.
3. If the officer feels that the assistance of the detective is needed, and if the fire
has caused extensive property damage, he shall notify the Watch Commander
who shall notify the Fire Marshal and, if needed, a detective.
4. The detective, upon his/her arrival at the scene, shall assume command of the
investigation. Patrol officers shall assist him with the investigation or arrest as
may be required.
C.
Investigation of Fatal Fires
1. Criminal Investigations Division shall be contacted on all fatal fires by the Watch
Commander and shall be responsible for overall investigation in conjunction with
fire department investigators.
2. Law enforcement officers responding to fatal fire scenes shall make every effort
to preserve the scene. In addition, any bodies found shall not be removed, for
humanitarian reasons, prior to the completion of the fire scene investigation.
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XIV. DYING DECLARATIONS
Department members investigating homicides shall make every effort to obtain a dying
declaration from a victim of a homicide.
A.
The principle element in a dying declaration is the mental attitude of the victim. In
order for a dying declaration to be admissible in court, the victim must have no hope
of recovery. The detective/officer must fully interrogate the victim on this point before
any statement is taken.
B.
In a case of serious assault and the victim has been taken to a hospital, the
investigating officer shall request the doctor in attendance to inform the person that
he/she is at the point of death, if such be the case, and that the doctor has no hope
for his/her recovery. This must be done so that if a statement is made, its contents
will leave no doubt in the mind of the court that the person making the statement was
fully aware of his/her impending death and had no hope of recovery. In case of
repeated interviews, the same procedure should be followed. In all cases, the dying
person shall be questioned as follows:
1. “What is your name?”
2. “Where do you live?”
3. “Do you believe that you are about to die?”
4. “Do you have any hope of recovery from injuries you have received?”
5. “How, and in what manner, did you receive the injuries from which you are now
suffering?”
The statement shall be reduced to writing and signed by all witnesses present. If
possible, the victim’s signature should also be obtained. Answers to questions may be
given by signs if the victim is unable to speak or write.
XV. SUSPECT IDENTIFICATION (GLECP Std. 5.21)
ATTENTION CEO: This policy was written in conjunction with the signing of SB-94. You
should consult with your local prosecutor for any additional guidance regarding the new
change to O.C.G.A. 17-20-1.
INTRODUCTION
It is the purpose of this procedure to establish guidelines for the use of eyewitness
identifications involving show-ups, photographic identifications and lineups.
Eyewitness identification is a frequently used investigative tool. As such, the Agency has
established these procedures in order to maximize the reliability of identifications, minimize
unjust accusations of innocent persons and to establish evidence that is reliable and conforms
to established legal procedure.
I.
DEFINITIONS
A. SHOWUP: Means an identification procedure in which a witness is presented with a
single individual.
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B. PHOTO LINEUP: Means an identification procedure in which a photograph of a
suspect and photographs of fillers are displayed to a witness, either in hard copy form or
via computer.
C. LIVE LINEUP: Means an identification procedure in which a suspect and fillers are
displayed in person to a witness.
D. FILLERS: Means individuals who are not suspects.
E. SUSPECT: Means the individual believed by law enforcement to be the possible
perpetrator of an alleged crime.
F. WITNESS: Means an individual who observes an alleged crime.
II. SHOWUPS
Many courts have suppressed identification evidence based on the use of show-ups because of
the inherent suggestiveness of the practice. Therefore, the use of show-ups should be avoided
whenever possible in preference for the use of a lineup. However, when exigent circumstances
require the use of show-ups, the following guidelines should be followed.
A. Show-ups should not be conducted when the suspect is in a cell, manacled or
dressed in jail clothing.
B. Show-ups should not be conducted with more than one witness. The witnesses
should not be permitted to communicate before or after the show-up regarding the
identification of the suspect.
C. The same suspect should not be presented to the same witness more than once.
D. Show-up suspects should not be required to put on clothing worn by the perpetrator,
to speak words uttered by the perpetrator or to perform other actions of the perpetrator.
E. Words or conduct of any type by officers that may suggest to the witness that the
individual is or may be the perpetrator should be scrupulously avoided.
III. PHOTOGRAPHIC IDENTIFICATION
In conducting photographic identifications officers should adhere to the following procedures.
A. Photographic identifications must use multiple photographs shown individually to a
witness or simultaneously in a book, array or via computer.
B. Principles for conducting lineups generally apply to photo identifications. In
particular, officers should:
1. Use at least six photographs of individuals who are reasonably similar in age,
height, weight and general appearance and of the same sex and race;
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2. Do not mix color and black and white photos, use photos of fillers of the same
size and basic composition, and never mix mug shots with other snapshots or
include more than one photo of the same suspect;
3. Cover any portions of mug shots or other photographs that provide identifying
information on the subject, and similarly cover those used in the array;
4. Show the photo array to only one witness at a time;
5. Never make suggestive statements that may influence the judgment or
perception of the witness. The witness will be told that the suspect may or may
not be in the photo lineup.
6. Preserve the photo array, together with full information about the identification
process in evidence, for future reference.
7. Have an individual, either another officer or civilian employee, who does not
know the identity of the suspect conduct the photo lineup.
8. If no other person is available to conduct the photo lineup, then the officer
conducting the photo lineup will place the photographs in folders and randomly
shuffled and then presented to the witness. The officer conducting the photo
lineup will place him/herself in a position so he/she cannot physically see which
photograph is viewed by the witness until the procedure is complete.
9. Obtain a written statement in the witnesses own words expressing the
confidence level of the identification made by the witness. A numeric reference
is not necessary, but rather, a clear statement as to the witnesses’ confidence
level that the individual or photograph identified is the individual or photograph of
the individual how committed the alleged crime.
IV. LIVE LINEUPS
A. The primary investigating officer is responsible for:
1. Scheduling the lineup on a date and at a time that is convenient for all
concerned parties, to include the prosecuting attorney, defense counsel and all
witnesses;
2. Fulfill the necessary legal requirements for transfer of the subject to the
lineup location should the subject be incarcerated at a detention center, make
timely notice to the detention center concerning the pickup and make
arrangements for picking up the prisoner; and
3. Make arrangements to have a minimum of four other persons act as fillers at
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the lineup who are the same race, sex and approximate height, weight, age and
physical appearance and who are similarly clothed.
B. The officer in charge of conducting the lineup shall:
1. Ensure that the prisoner has been informed of his/her right to counsel if
formal charges have been made against the prisoner, and also ensure that the
prisoner has the opportunity to retain counsel or request that one be provided;
2. Obtain a written waiver on the __________ form should the prisoner waive
his/her right to counsel;
3. Allow counsel representing the accused sufficient time to confer with his/her
client prior to the lineup and observe the manner in which the lineup is
conducted;
4. Advise the accused that he/she may take any position in the lineup that
he/she prefers and may change positions prior to summoning a new witness;
5. Ensure that all persons in the lineup are numbered consecutively and are
referred to only by number;
6. Ensure that a complete written record and videotape recording of the lineup
proceedings is made and retained;
7. Ensure that witnesses are not permitted to see nor are they shown any
photographs of the accused immediately prior to the lineup;
8. Ensure that not more than one witness views the lineup at a time and that
they are not permitted to speak with one another during lineup proceedings; and
9. Scrupulously avoid using statements, clues, casual comments or providing
unnecessary or irrelevant information that in any manner may influence the
witnesses' decision-making process or perception.
10. A statement as described in section III B9 will also be completed.
11. Another person, either an officer or civilian employee, who does not know
the identity of the suspect, will conduct the live lineup.
XVI. TECHNICAL AIDS/POLYGRAPH
When a detective is assigned a case and he feels that a polygraph examination may be a
useful tool to their investigation, the detective may request a polygraph examination of the
person(s) involved. The detective cannot force anyone to take the examination; it must be
given on a voluntary basis. The detective shall consult with his/her immediate supervisor
prior to scheduling a polygraph examination. Polygraph examinations will be conducted by
a licensed operator.
XVII. ASSIGNMENT OF PATROL OFFICERS TO DETECTIVE SECTION
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A. Temporary re-assignment of patrol personnel affords the opportunity not only to
strengthen the investigative process but also to enhance career development of the
individual officer, create a pool of patrol officers who possess investigative experience
and provides improved preliminary investigations by patrol officers.
B. Whenever investigative workload increases or when a special operation is underway, the
CID Commander shall request the Uniform Division Commander for additional
manpower. The Uniform Division Commander may assign patrol officers to the Criminal
Investigations Division for up to ______ months through the chain of command.
C. Patrol officers assigned to Criminal Investigations Division shall report in plainclothes
according to the dress code established for investigative personnel.
D. Rate of pay for re-assigned officers shall remain the same as uniformed officers with
proper recording of overtime.
E. Patrol officers shall receive adequate training by Criminal Investigations Division before
being assigned cases.
F. Patrol officers shall abide by policies and procedures established by Criminal
Investigations Division and the department.
XVIII.ATTENDANCE AT PATROL DIVISION ROLL CALL
Detectives will conduct, at a minimum, weekly briefings at patrol roll call to ensure
cooperation between the two Divisions and enhance the exchange of information. These
briefings should include information about criminal activity, crime patterns, BOLO’s, and any
other information that needs to be disseminated and to hand out materials. Detectives will
note the exchange of information in case files when applicable.
XIX. DETECTIVES ON CALL (GLECP Std. 5.22)
The CID Commander will ensure that department supervisors and the Communications
Center are furnished with an accurate list of detectives who are on call after normal duty
hours. Any call for a detective during this time will be cleared through the patrol shift
supervisor. In the event that the detective on call cannot be located, the CID Commander
should be notified.
XX.DETECTIVE VEHICLES
Vehicles used by Criminal Investigations Division shall be unmarked.
XXI. ADDITIONAL INFORMATION RESOURCES
The ___________ Department has adopted the Georgia Bureau of Investigation/GANGNET
operating guidelines. A copy of those procedures can be found at the end of section I of this
Standard Operating Procedures Manual.
XXII. USE OF INFORMANTS (GLECP Std. 5.27)
A. PURPOSE
To establish policies and procedures for the use of informants.
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B. SCOPE
This policy applies to all sworn law enforcement personnel. Patrol officers shall follow
these procedures as outlined for investigators and work through the CID Commander
when obtaining information from an informant that may be used by the department.
C. POLICY
It is the policy of the ___________ Department to use and control the services of
confidential informants in a productive and responsible manner. Informant matters must
be carefully handled to protect the integrity of the Department, preserve the legality of
cases made with the assistance of informants and to insure a professional and
responsible relationship with informants.
D. DEFINITIONS
1. INFORMANT - An informer, an individual who secretly furnishes information or
evidence concerning crimes or criminal activity, generally on a recurring basis. The
provisions of this procedure do not apply to concerned citizens who merely provide
information anonymously.
2. CONTROLLING OFFICER - The officer or investigator who has direct contact with,
and control of the informant.
E. RESPONSIBILITIES
1. The Criminal Investigations Division Commander is responsible for authorizing
informant payments for all types of criminal information such as narcotics, robbery,
homicide, thefts, terrorist or hate activities, or any other information of value relating
to the law enforcement effort. He / she will maintain all informant payment records
and informant files. The CID Commander is responsible for guiding the controlling
officers in the use of informants.
2. The controlling officer is responsible for the direct management of his/her informants.
These responsibilities include:
a) Instructing the informant as to the informant's limitations.
b) Ensuring, within legal and administrative requirements, the confidentiality of
the informant's identity.
c) Determining when it may be appropriate to terminate the individual's formal
informant status.
F. EVALUATING POTENTIAL INFORMANTS
1. Informants can be valuable in solving and preventing crime, and are a necessary
part of law enforcement. However, officers must keep in mind that informants, unlike
citizens who simply report crime to law enforcement, are often motivated by some
self-serving interest. Often, they are involved in criminal activity themselves and want
Chapter 17 – Investigative Functions
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to eliminate their competition or they may be seeking revenge, financial gain, or
consideration on pending criminal charges. It is not uncommon for some informants
to claim that they "work for" an agency, intentionally giving the false impression that
they are an employee. This claim may be coupled with improper or illegal behavior
by the informant. In some cases, their motive is simply to embarrass and discredit
an officer or agency by providing false information. Officers must be alert for any
attempts by the informant to control or manipulate the officer.
2. Interview the individual to determine the motive for assistance. Ascertain if the
individual has been an informant for another officer or agency. The informant's
participation must be completely voluntary.
3. Perform a criminal history record check. If there is a history, obtain a copy of the rap
sheet. If the informant has criminal cases pending, the prosecutor having jurisdiction
over those cases must be notified that the individual is seeking informant status with
this department. This should be done prior to any informant being used for any
directed activity, such as a narcotics buy.
4. Check with other officers and law enforcement agencies who may know the subject
to determine credibility. Try to determine whether the person is giving them the same
information. This will have a bearing on both credibility and any consideration for
payment. Document any assistance provided to another agency on the CI Profile
Form.
5. Do not use the following individuals except in extraordinary circumstances and with
the approval of the CID Commander.
a) Any individual previously shown to be unreliable.
b) Any individual under the age of 18. Before such an informant can be used,
approval of the parent or guardian must be obtained. The parent or guardian
must sign an agreement specifying the confidential informants conduct. The
parent or guardian must also sign the waiver of liability. (GLECP Std. 5.27f)
c) Any individual who is a defendant in any pending state or federal prosecution,
without the approval of the responsible agency.
G. ADMINISTRATION
1. An officer seeking to establish an individual as an informant will submit a Confidential
Informant Profile Form along with a criminal history, fingerprint card and photo to the
CID Commander. The CI Profile Form will contain the following information: (GLECP
Std. 5.27b)
a) Individual’s true name
b) Date of birth
c) Race & Sex
d) Height, Weight, Hair & Eye Color
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e) Address
f)
Real signature
g) Alias signature
2. Include any additional information on the CI Profile Form that would affect how the
individual would be used as an informant, such as occupation, income, associates,
personal idiosyncrasies, attitude toward law enforcement and places frequented.
3. The CID Commander will review the CI Profile Sheet for completeness and accuracy
and approve or disapprove any source as an informant. If approved, the CID
Commander will issue an identifying number to be used by all officers in referring to
the informant in any reports, court testimony, financial statements, receipts,
correspondence, or any other written reference.
The number will be constructed using the following format: CI-YY-NNNN
a) "CI" stands for "Confidential Informant.”
b) "YY" is the last two digits of the calendar year.
c) "NNNN" is a four-digit sequential number.
EXAMPLE: The first informant approved for the year 2014 will be CI-14-0001.
4. The CID Commander will check requests against a master file list of current and past
informants prior to issuing new CI numbers. If a record of the subject is located
indicating that the individual is currently, or was previously an informant, the CID
Commander will determine whether or not to use the subject. If the individual was
deactivated for cause, the CID Commander and the Chief Executive Officer will
confer and must agree that it is in the best interest of the Department to reactivate
the informant. (GLECP Std. 5.27a)
5. Once the informant is assigned a number, the informant will retain that number as
long as he or she is used by any controlling officer of the Department. A reactivated
informant will use the same CI number previously held unless consideration of
confidentiality indicates a new number is needed.
6. Each approved informant must sign a Confidential Informant Agreement governing
the conduct of confidential informants using his/her real name signature, witnessed
by the controlling officer.
7. All contacts with informants must be documented within 24 hours.
8. A copy of all investigative supplemental that contains the CI number must be a part
of the file.
G. DOCUMENTATION
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1. A file will be maintained on each informant used by the ___________ Department.
The files will contain payment records, case involvement and CI information. All
active and inactive informants will be maintained in a master file to be maintained by
the CID commander and/or his/her designee. Only the CID Commander or his/her
designee will have access to the informant file. The file will contain the following
information on the informant: (GLECP Std. 5.27b, c)
a) Profile Form
b) Criminal history
c) Fingerprint card
d) Photo
e) Date of contact with detective; and
f)
Opening and closing debriefing summaries.
g) CI number
2. Detectives will keep the above information current on their informants. This is
performed as a safety measure. This will be accomplished by periodically
completing a new CI packet.
3. Documents concerning informants will be kept by the CID Commander in a location
with limited access, based on a need-to-know. Informant files will be kept in two
parts in order to prevent the entire file from mistakenly being taken into court. Using
this procedure, the payment records of an informant could be used in court if
necessary, but no personal information can be given without the order of the court.
The contents of each part will be as follows: (GLECP Std. 5.27c, d)
a) The Part I folder will contain only the informant pay record. This folder will be
labeled with the informant's identifying CI number and will be maintained by
the CID Commander.
b) The Part II folder will contain all other information on the informant and is
labeled with the informant's identifying number.
The original copy of the confidential informants profile and other documents are kept
in this folder. This folder will be kept strictly confidential. This folder will not be
removed from the office unless so ordered by the CID Commander. Access to this
folder is limited to the Control Officer and the CID Commander. Any other person,
including officers of equal or higher rank must have a right and need to know in order
to have access to the file. All informants will have a Part II folder. This folder will
serve to document the performance of the informant to establish legal reliability.
H. CONFIDENTIALITY OF INFORMANT INFORMATION (GLECP Std. 5.27e)
1. The identity of all informants will be treated as confidential and no disclosure of any
informant's identity will be made if at all possible. Any time an informant specifically
states, or otherwise communicates that he or she wishes to remain confidential, the
controlling officer will indicate this fact in a written supplemental report.
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2. Any disclosure of an informant's identity will be discussed by the controlling officer,
prosecutor and CID Commander before trial. It may be preferable to dismiss a case
rather than jeopardize the life and safety of an informant.
3. While testifying, if the controlling officer is presented with the question of disclosure
which may directly or indirectly compromise informant confidentiality and is uncertain
of the legal requirements, he or she should make a request for time to consult with
the prosecutor to discuss the alternatives. Alternatives should be discussed with the
Prosecutor prior to the trial with the decision made in advance.
4. "Informant Participants" who actually play an active role in investigations; i.e.;
present at drug sales, etc., will not be promised anonymity as the court may rule in
an in-camera hearing that their identity must be revealed and they must testify if
called by the defense.
I.
MANAGING INFORMANTS
1. Informants are not employees of the ___________ Department, but using an
informant imposes a special responsibility on the Department. It is essential that any
officer working with an informant carefully communicate what limitations are imposed
on an informant. Unsupervised or careless use of informants is counterproductive
and creates problems for both the officers who use them and the Department.
2. Officers receiving information from informants will never take enforcement action
based solely on the word of an informant. Informant information is only a part of the
probable cause needed to initiate enforcement action. Officers will substantiate
informant information and obtain additional information from other sources sufficient
to meet the requirements of probable cause. Officers will always attempt to
determine the informant's motive for providing the information and be cautious not to
make any promise to the informant that cannot be kept.
3. When working with informants of the opposite sex, juveniles, known homosexuals, or
deviants, meetings should be held in public places or under circumstances where the
possibility of improper conduct accusations or physical danger will be minimized.
This precaution is especially important during early contacts with the informant when
motives may be unknown. No Investigator will meet with an informant of the opposite
sex without another investigator present as a witness. (GLECP Std. 5.27g)
4. The initial meeting with an informant will be made by two investigators.
5. Under no circumstances will an investigator ask an informant to engage in any illegal
conduct. Controlling officers will ensure that informants understand that criminal
behavior on their part will not be condoned or protected. Controlling officers will
ensure that the conduct of informants does not in any manner, encourage the
commission of a crime. This is especially important where the informant is involved
in active law enforcement -directed conduct such as a narcotics buy. Controlling
officers will explain the provisions of the Georgia law regarding entrapment (OCGA
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16-3-25) to their informants. Any encouragement of criminal activity can have
serious consequences for the officer and the Department, can raise the defense of
entrapment and may nullify the entire case.
J. PAYMENTS TO INFORMANTS (GLECP Std. 5.27d)
1. Informant payments will be with the advance approval of the CID Commander. The
CID Commander will establish criteria for the payment of informants and has the
responsibility of determining the circumstances under which payments are
authorized and the amounts of payments. No amount in excess of $200.00 will be
approved without the approval of the Chief Executive Officer.
2. No specific amount of payment in excess of $200.00 will be discussed with the
informant by any officer prior to a meeting between the CID Commander and Chief
Executive Officer.
3. Upon payment, the informant will sign a receipt and the officer will witness the
signature. A copy of the case supplemental documenting the results of the
informant’s information will be attached to the pay voucher. The informant may use
his/her CI# for signing receipts for compensation, but his/her identifying number must
be on the receipt in the informant's own hand. This record will be kept in the Part I
CI File for fiscal management. The CID Commander will review informant payment
records quarterly.
4. Each payment to an informant will be recorded. An audit of informant payment
records may be made by the Chief Executive Officer or his/her designee at any time.
Individuals outside of the Department will only have access to the payment records.
K. DEACTIVATION OF INFORMANTS
1. When a controlling officer determines that an informant is no longer useful to the
Department, he / she will submit a report to the CID Commander. The CID
Commander will review the report and circumstances to determine application. Upon
approval, the report will be placed in the informant's Part II personal history folder
and the folder will be labeled "Deactivated".
2. If an informant violates the provisions of the agreement of conduct governing
confidential informants, his/her informant status will be terminated. A report citing
the violations or other reason for termination will be placed in the informant's Part II
folder. Any consideration of retention must be approved by the CID Commander.
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