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 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
Chapter 17 – Investigative Functions 2
Rev. 10/2014
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;
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 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 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.
(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 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.