42.1.1 If the criminal investigation function does not provide 24-hour coverage, an "on-call" schedule of investigators is maintained.

Commentary: In agencies in which investigators are not assigned to duty shifts throughout a 24-hour period or on weekends, the criminal investigation function should publish an on-call investigator duty roster, which is furnished to the communications center and the commander of the patrol force.

(M M M M)

42.1.2 The agency uses a case-screening system and specifies the criteria for continuing and/or suspending an investigative effort.

Commentary: The objective of case screening is to assign available personnel to those investigations that have the best chance of being successful. The written directive should specify how such screening is to be conducted, by whom, and what criteria (solvability factors) should be used. Screening of preliminary investigative information should assist in the decision on whether a follow-up investigation should be made.

The decision about the extent of follow-up or the suspension of investigative efforts should be made at a management level. Adherence to this standard should provide law enforcement administrators with improved management control over the conduct of investigations. Decision making involves the continued application of solvability and degree-of-seriousness factors plus operational input from periodic reporting by investigators on the progress of assigned cases. Suspension criteria may include lack of further leads or solvability factors, unavailability of investigative resources, and/or insufficient degree of seriousness.

Case assignment for investigation and follow-up should be based on established criteria, such as solvability factors. Additional methods like the documented experience or research by the agency or others may provide the agency with valid assignment criteria suitable to their needs. Cases requiring specialized skills, knowledge, or ability should be assigned to those personnel having that expertise. This does not preclude others from assisting but should discourage the perfunctory assignment of personnel based on a rotation or other criteria-free system. A practice of assigning a single person as the "principal investigator" for each case is encouraged. This, too, does not preclude the assignment of more than one person to an investigation but is designed to place accountability for each case.

(O O O O)

42.1.3 A written directive establishes a system of case file management for the criminal investigation function, to include:

Commentary: A system for case status control should be established to specify information that should be recorded for each case, such as investigator assigned, date assigned, case number, and report due date. Administrative designations such as "open," "suspended," and "closed" are also recommended for assisting internal case management and control.

Case files should be maintained on all cases in which investigative activities are ongoing. The case files provide an immediate information resource to investigators. The case files should contain a copy of preliminary investigative reports (all originals should be maintained in central records), records of statements, results of examinations of physical evidence, case status reports, and other reports and records needed for investigative purposes. These files should be consolidated into the central records system when the case is suspended or closed.

(O M M M)

42.1.4 A written directive specifies accountability for conducting preliminary and follow-up criminal investigations.

Commentary: To assign responsibility and to establish investigative continuity, a written directive should define which element of the agency is to accomplish the preliminary and/or follow-up investigation for various categories of incidents.

(O O O O)

42.1.5 A written directive requires the following:

Commentary: The directive should propose a process for identifying cases in which habitual or serious offenders play a role and for establishing criteria for handling such cases. Liaison with the prosecutor’s office is very important in ensuring the success of a coordinated career criminal approach.

(O O O O)

42.2.1 A written directive establishes procedures to be used in criminal investigation, to include:

Commentary: The written directive should specify acceptable practices and methods of developing information through witnesses, victims, informants, and other sources available to officers. The directive should also provide guidance in conducting an investigation by utilizing information developed by the other methods listed in the standard.

Criminal investigations frequently involve background investigations of persons, particularly as they relate to intelligence, white collar crime, organized crime, and drug and vice activities. Additionally, the licensing of some businesses requires background investigations of persons. These investigations should be conducted discreetly and with special precautions. The procedures should include identifying the purpose of the investigation, the potential sources of information, use of the information collected, control of information and records developed, and the retention and purging of records. This standard is not intended to include background investigations covered in Chapter 32 (see 32.2.1).

(M M M M)

42.2.2 A written directive establishes steps to be followed in conducting preliminary investigations, to include:

Commentary: The preliminary investigation may be sufficient to bring the case to a satisfactory conclusion, thus obviating the need for a follow-up investigation. The standard is not intended to preclude the officer conducting the preliminary investigation from being assigned to the follow-up investigation.

42.2.3 A written directive establishes steps to be followed in conducting follow-up investigations, to include at a minimum:

Commentary: These procedures should be used only in the event they are found to be necessary. For example, every follow-up investigation may not include a search. The written directive should be intended as a guide. Maintaining contact with principals in any investigation is valuable in building public confidence in the agency as well as indicating that the law enforcement officers are genuinely concerned about the welfare of the victim and other citizens associated with the case.

(O O O O)

42.2.4 The agency provides checklists to aid in criminal investigations.

Commentary: The field report, properly prepared, serves as a satisfactory checklist for most investigations. However, more complicated investigations require additional efforts, and checklists aid in ensuring that critical areas of investigation are not overlooked.

(O O O O)

42.2.5 Sworn positions in the criminal investigation function are the same as those used in the patrol function for:

Commentary: It should be possible to transfer personnel from the patrol force to criminal investigation (and vice versa) without regard for rank and/or titles. There should not be a unique set of ranks or rank structure within any operational position or component of the agency. Additionally, extra pay for officers assigned as investigators limits the agency’s flexibility in transferring personnel. To facilitate lateral personnel movement without affecting an individual’s income, investigators should be equal in salary to their patrol counterparts.

(N/A O O O)

42.2.6 The agency has a system that provides for periodic attendance of criminal investigators at shift briefings conducted for patrol officers.

Commentary: Joint shift briefings conducted for patrol and criminal investigative personnel should enhance relationships between these entities and provide for the exchange of information.

(N/A O O O)

42.2.7 If investigative task forces are used, a written directive governs their activities, to include:

Commentary: The directive may be a product of the task force or the participating agency. This standard applies to task forces formed within an agency or as a mutual effort among agencies having concurrent or adjoining jurisdictions. The criteria for the use of task forces should be specified in the directive. The kinds of offenses for which they should be used and the procedures for control and evaluation should be outlined.

(M M M M)

42.2.8 If technical aids for the detection of deception are used, a written directive governs their use in criminal investigations. Examiners must be graduates of institutions providing training for this purpose.

Commentary: The written directive should govern the use of such devices as polygraphs and other detection-of-deception equipment. The directive should also specify those persons who may be authorized to use the equipment and the conditions under which it may be used. Adherence to this standard ensures a uniform training base for all operators of technical aids for detection of deception.

(M M M M)

42.2.9 A written directive specifies policies and procedures to be followed when using informants, to include:

Commentary: The use of confidential informants is important to the satisfactory completion of many investigations, including patrol related investigations; drug, vice, and organized crime control functions; and intelligence functions. Procedures should be established to provide for this resource within a controlled system to avoid abuse. In some instances, agencies may promulgate policy governing use of parolees, if required by an authorizing corrections agency.

If the agency does not centralize this function, then each agency function that controls and manages informants should be responsible for compliance with this standard. Investigating officers should take additional precautions when dealing with informants of the opposite sex and with informants whose sexual preferences may make an investigation more susceptible to compromise through alleged improprieties.

A master file on informants should be maintained with an emphasis on security and rigid control of access. A single individual should be identified and given exclusive control over this file. The file should contain information on informants, to include their backgrounds, a record of transactions, and information on how they can be located. Coded information should be used in all transactions with informants, including pay. All funds maintained and used for informants should comply with all procedures in Chapter 17.

(Agencies outside the United States should contact staff for special interpretation of this standard as it relates to the differences in defining the terms "informants" and "agents".) (