July 1, 2004 revised November 1, 2004 To establish policies and procedures for the efficient and effective management of the criminal investigation function.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

January 2, 2006

 

APD.SOP.5010

Criminal Investigations Division

Applicable To:  All employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  12/20/2005

 

Table of Content
 

1.          PURPOSE  PAGEREF _Toc122254637 \h 1

2.          POLICY   PAGEREF _Toc122254638 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc122254639 \h 2

3.1        Responsibilities of the Organization  PAGEREF _Toc122254640 \h 2

3.2        Responsibilities of Sworn Employees  PAGEREF _Toc122254641 \h 4

3.2.1      Division Commander PAGEREF _Toc122254642 \h 4

3.2.2      Section Commander PAGEREF _Toc122254643 \h 4

3.2.3      Unit Commander PAGEREF _Toc122254644 \h 4

3.2.4      Unit Supervisor PAGEREF _Toc122254645 \h 5

3.2.5      Investigator PAGEREF _Toc122254646 \h 5

3.2.6      Patrol Officers assigned CID  PAGEREF _Toc122254647 \h 6

4.          ACTION  PAGEREF _Toc122254648 \h 6

4.1        Operating Hours/On-Call Schedule  PAGEREF _Toc122254649 \h 6

4.2        Roll Call Briefings  PAGEREF _Toc122254650 \h 7

4.3        Developing Information  PAGEREF _Toc122254651 \h 7

4.4        Conducting Interviews and Interrogations  PAGEREF _Toc122254652 \h 9

4.5        Collection of Evidence  PAGEREF _Toc122254653 \h 10

4.6        Preliminary and Follow-up Investigations  PAGEREF _Toc122254654 \h 11

4.7        Follow-Up Investigations  PAGEREF _Toc122254655 \h 12

4.7.2      Documenting the Investigation  PAGEREF _Toc122254656 \h 14

4.8        Investigative Aids  PAGEREF _Toc122254657 \h 14

 

4.8.2      Tape Recordings  PAGEREF _Toc122254658 \h 14

4.8.3      Wiretaps, etc. PAGEREF _Toc122254659 \h 15

4.8.4      Surveillance  PAGEREF _Toc122254660 \h 15

4.8.5      Background Investigations  PAGEREF _Toc122254661 \h 15

4.8.6      Search and Arrest Warrants  PAGEREF _Toc122254662 \h 16

4.9        Case Screening System   PAGEREF _Toc122254663 \h 17

4.10       Case Screening  PAGEREF _Toc122254664 \h 18

4.11       Victim Notification  PAGEREF _Toc122254665 \h 19

4.12       Case Assignment and Tracking  PAGEREF _Toc122254666 \h 20

4.13.      Investigator’s Assignment Record  PAGEREF _Toc122254667 \h 20

4.14       Terminating the Investigation (Closing or Inactivating) PAGEREF _Toc122254668 \h 22

4.14.1    Terminate the investigation when: PAGEREF _Toc122254669 \h 22

4.15       Reopening a Case  PAGEREF _Toc122254670 \h 22

4.16       Master File  PAGEREF _Toc122254671 \h 22

4.17       Court Subpoenas  PAGEREF _Toc122254672 \h 24

4.18       Preparing for Testifying in Court PAGEREF _Toc122254673 \h 24

4.19       Investigator’s Monthly Report PAGEREF _Toc122254674 \h 24

4.20       Unit’s Monthly Report PAGEREF _Toc122254675 \h 25

4.21       Files Kept by the Units  PAGEREF _Toc122254676 \h 26

4.21.7    Each unit will maintain an arrest warrant log. PAGEREF _Toc122254677 \h 26

4.22       Time Keeping  PAGEREF _Toc122254678 \h 26

5.          DEFINITIONS  PAGEREF _Toc122254679 \h 27

6.          CANCELLATIONS  PAGEREF _Toc122254680 \h 28

7.          REFERENCES  PAGEREF _Toc122254681 \h 28

 

1.               PURPOSE

 

To establish policies and procedures for the efficient and effective management of the criminal investigation function.

 

2.               POLICY

 

2.1              It is the policy of the Atlanta Police Department to identify and apprehend offenders; recover property; gather, document, and evaluate facts regarding criminal activity; and assist in the prosecution of those charged with criminal offenses.

 

2.2              The Criminal Investigations Division (CID) will perform the investigative tasks which go beyond the level performed by officers in the Field Operations Division.  These investigations will generally involve serious offenses, proactive investigations of some duration, incidents that cannot be resolved at the scene or during the tour of duty of the field officer, and other matters requiring extended investigation.  Cases assigned to CID will be properly monitored and managed by supervisors to ensure that the Division’s resources are used effectively.  A good relationship with prosecutors will be fostered to ensure the best possible case resolution.

 

3.               RESPONSIBILITIES

 

3.1              Responsibilities of the Organization

 

3.1.1           The Criminal Investigations Division is composed of three sections and one unit:  the Major Crimes Section (MCS), the Executive Protection Unit (EPU), the Special Enforcement Section (SES), and the Investigations Section (IS).

 

3.1.2           The Major Crimes Section is comprised of Homicide, Fugitive, Major Fraud, Special Victims and the Regional Fugitive Task Force Units.

 

1.    The Homicide Unit is responsible for investigating homicides, cold cases (unsolved homicides), missing adults, police shootings and deaths in custody.

 

2.    The Fugitive Unit will service the entire Department in the tracking and apprehension of persons who have outstanding warrants against them.

 

3.    The Major Fraud Unit is responsible for investigating forgeries, thefts involving credit card fraud or check fraud transactions, mortgage fraud, computer fraud, flim-flam, embezzlement, and identity thefts or any other fraud case assigned by supervisory personnel. The CID commander will determine the minimum monetary amount on each major fraud case to be assigned to investigators on a “case-by-case” basis.

 

4.    The Special Victims Unit (SVU) is responsible for investigating rapes, sexual assaults and all cases involving juvenile offenders and victims that include child abuse, child neglect, missing children in addition to child pornography and prostitution.

 

5.    Regional Fugitive Task Force is a combination of Department investigators and investigators from other State and Federal agencies in the Atlanta metro area that are responsible for locating wanted persons.

 

3.1.3           The Executive Protection unit is responsible for providing security for City Hall and the Mayor.

 

3.1.4           The Special Enforcement Section is comprised of the Homeland Security (HS), License and Permits, Narcotics Enforcement, Tactical Surveillance, and the Red Dog Units. 

 

1.    The Homeland Security Unit consists of the Cyber Crime unit (CCU), Gangs, the Electronic Surveillance unit, and the Intelligence/Organized Crime unit (IOCU).

 

a.    The Cyber Crime Office is responsible for investigating high-tech computer-related crimes including: Internet child pornography, assisting in the collection and preservation of electronic crime evidence and provide support and assistance to other components of the Department.

 

b.    The Gang Unit is responsible for identifying, verifying, monitoring, tracking, and suppressing the growth and spread of gang activity.

 

c.    Electronic Surveillance Unit is responsible for maintaining the Department’s surveillance equipment, authorizing employees to use equipment and maintaining reports on surveillance activities.

 

d.    The IOC unit is responsible for the gathering, collating, analyzing, and dissemination of information relating to criminal activity, which presents a threat to the community. The IOC unit is also responsible for the investigation of individuals and groups involved in organized or bias (hate) crime activity, and provides technical (wiretap) investigative assistance to other components of the Department. 

 

2.    The License and Permits Unit is responsible for background investigations of persons applying for certain City issued permits and licenses, the issuance of certain permits and licenses, and the investigation of violations of regulatory laws involving licenses and permits.

 

3.    Narcotics Enforcement Unit is comprised of Financial Investigations, Vice, Narcotics, Weed and Seed and the Gun units including the Safe Neighborhood Task Force.

 

a.    The Financial Investigations unit is responsible for preparing forfeiture actions at both the State and Federal level for seizing assets and proceeds belonging to criminals involved in illegal drug activity, gambling and prostitution, and all RICO related incidents.

 

b.    The Vice unit is responsible for responding to complaints and conducting proactive investigations involving all forms of vice activity including liquor, drugs, prostitution and gambling.

 

c.    The Narcotics unit is responsible for responding to complaints and conducting proactive investigations involving all forms of drug activity. This unit is also responsible for gathering intelligence and prosecuting illegal narcotic activity of an organized nature and will deal primarily with upper level drug dealers, distribution networks, etc. The narcotics unit will also be responsible for the storage of drug evidence and maintaining the chain of custody documents.

 

d.    The Weed and Seed unit is responsible for implementing programs to enhance the quality of life for citizens in those communities.

 

e.    The Gun unit is responsible for monitoring offenders that carry guns during the commission of a crime.

 

f.     The Safe Neighborhood Task Force is responsible for reducing violent crimes in targeted areas (beats 103, 111, and 112) by forming partnerships with ATF agents, Georgia Pardon and Parole officers, and agents from the United States Attorney’s office.

 

4.    High Intensity Drug Trafficking Area (HIDTA) is a task force of local and federal officers responsible for investigating drug trafficking.

 

5.    The Red Dog unit is responsible for investigating street level drug crimes.

 

3.1.5           The Investigations Section (IS) is comprised of the Auto Theft Task Force, School Detectives and the General Investigations units and an investigative unit assigned to each of the six zones.

 

1.    The IS investigators will be responsible for follow-up investigations on all assaults/family violence cases: (shootings, stabbings, physical assaults, harassing phone calls, terrorist threats, temporary protective orders (TPO), stalking, vandalism and damage to property); and auto thefts, burglaries, robberies, larcenies and all fraud cases forwarded to the investigative section by the CID commander.

 

2.    The School Detectives Unit operates in support of the Atlanta School Board and provides both physical security and investigative services to all of Atlanta’s public schools.

 

3.    The General Investigations Unit will be responsible for responding to requests for assistance during the morning watch hours to include assaults/family violence, robberies, auto thefts, burglaries, larcenies and sexual assaults when the Special Victims Unit is unavailable.

 

3.2              Responsibilities of Sworn Employees

 

3.2.1           Division Commander

 

1.    The Criminal Investigations Division commander is responsible for the overall operation of the Division. He or she will ensure that Division personnel comply with established policies, procedures, and rules of the Division and Department.

 

2.    The Division Commander will be responsible for reporting monthly to the Chief of Police on the activities of the Division during the previous month, to include the type and number of arrests, seizures, major case status and fiscal accounting of Departmental funds within the Division.

 

3.2.2           Section Commander

 

1.    Section commanders will plan, organize, direct, and monitor the operations of their sections.  They will establish goals, provide appropriate policy and guidelines for operations, allocate and monitor manpower resources among their units, and prepare annual budget requests.

 

2.    Section commanders will coordinate and monitor investigative strategies within their unit. He/she will personally respond to and direct investigative activities of serious crimes or allegations and matters involving public officials.  He/she will notify the Division commander on progress and changes in the status of important cases by providing periodic updates.

 

3.    Section commanders will maintain liaison with assistant district attorneys, zone commanders, and other law enforcement agencies to stay abreast of mutual concerns. 

 

4.    Each section commander will ensure that an investigator from each investigative unit under his or her command attends an FOD roll call in each zone on a monthly basis to include each watch, to assist in the coordination of activities between FOD and CID. (CALEA CALEA 42.2.6)

 

3.2.3           Unit Commander

 

1.    Unit commanders are responsible for the efficient and effective operation of their respective units.  They will direct the watch supervisors in their responsibilities and allocate personnel among watches.  They will be responsible for the maintenance and accuracy of unit files and reports including time books, master payroll records, daily sign-in logs, personnel files, and monthly unit performance reports.

 

2.    Unit commanders will develop and coordinate investigative strategies as necessary.  They will personally respond to, and oversee the investigative activities concerning serious crimes or allegations of serious crimes and matters involving public officials, unless relieved by a higher authority.

 

3.    Unit commanders will provide their section commanders with progress reports and changes in status of significant investigations.  They will ensure that cases are properly screened and that workload is managed properly and efficiently.

 

4.    Unit commanders will ensure that vital information is communicated between watches and units by maintaining close liaison with other divisions and CID units. He/she will ensure that all appropriate information be forwarded to the Intelligence Organized Crime Unit.

 

5.    Unit commanders will be responsible for the direct supervision over major case investigations, communication between the various investigative units, watch assignments, off-day assignments, on-call assignments and weekend duty assignments.

 

3.2.4           Unit Supervisor

 

1.    Unit supervisors will direct and instruct subordinates in their duties, provide and recommend training for investigators, ensure required court appearances by subordinates, and visit courts to observe subordinate conduct and performance.

 

2.    Unit supervisors will ensure that calls for service are answered.  If the call is outside the normal area of responsibility of available investigators, service will be provided and responsibility transferred to the appropriate investigative unit as soon as practicable.

 

3.    Unit supervisors will review, log, and assign incident reports, approve request for time off, and certify the daily sign-in log.

 

4.    Unit supervisors will develop, or assist investigators in developing, investigative strategies.  They will personally respond to and assist with investigations of serious or complex crimes and will closely monitor those investigations to ensure that appropriate resources are available and proper investigative action is taken.     

 

5.    Unit supervisors are responsible for overseeing and monitoring the overall quality of the case.

 

6.    Unit supervisors will advise a higher authority of matters of importance, unusual arrests or occurrences, or other conditions, which may require their action.  They will brief the supervisor of the next watch about significant events occurring during their watch and of conditions requiring further action.

 

3.2.5           Investigator

 

1.    Investigators will answer and respond to calls for service. If the call is outside of the investigator’s normal area of responsibility, the investigator will transfer the responsibility to the appropriate investigative unit as soon as practicable.

 

2.    Investigators are responsible for properly conducting and completing investigations assigned to them.  Investigators will plan, conduct, report on investigations, appear and testify in all required court hearings, and assist prosecutors in prosecuting cases assigned to them.

 

3.    Investigators will assist employees in other divisions, sections, and units with the investigation of cases when such assistance is requested.

 

4.    Investigators will make available to other members of the unit information or knowledge that might aid in other investigations.

 

5.    All information gathered by investigators will be obtained legally and used for official purposes only.

 

3.2.6           Patrol Officers assigned CID

CALEA 42.2.5

 

1.    The 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. 

 

2.    The assignment to the CID is a lateral transfer and will not be considered a promotion.

 

a.    Patrol officers assigned to the CID will retain the same rank and/or title as in the Field Operation Division. [CALEA 42.2.5a]

 

b.    Rate of pay for re-assigned officers will remain the same as uniformed officers. [CALEA 42.2.5b]

 

c.    Patrol officers assigned to the CID will report in plainclothes according to the dress code established for plainclothes sworn personnel.

 

d.    Patrol officers will receive adequate training by the CID before being assigned cases.

 

e.    Patrol officers will abide by policies and procedures established by the CID and the department.

 

4.               ACTION

 

4.1              Operating Hours/On-Call Schedule

(CALEA 42.1.1)

 

4.1.1           The normal hours of operation for the Criminal Investigations Division (CID) will be 24 hours a day, 7 days a week. The day watch hours are 0800 hours until 1600 hours. The evening watch hours are 1600 hours until 2400 hours. The morning watch hours are from 0000 hours through 0800 hours.

 

4.1.2           Section commanders may alter the hours of operation of units within their section according to operational needs and personnel allocation.

 

4.1.3           The General Investigations Unit is responsible for responding to all requests for investigative assistance from the zones on all serious crimes, excluding rapes and homicides between 2400 and 0800 hours.

 

4.1.4           The CID commander will maintain an on-call schedule for each investigative unit that does not have 24 hour per day coverage and will ensure a copy is sent to the Communication Section commander, the Field Operations Division commander, the Night Commander and the Assistant Chief of Police. Each unit or section commander will submit an on-call schedule to the CID commander on a weekly basis.

 

4.2              Roll Call Briefings

(CALEA 42.2.6)

 

4.2.1           Investigators assigned to the Criminal Investigation Division will conduct periodic briefings at the Field Operations Division roll call. These joint roll call briefings will ensure cooperation between the two divisions and enhance the exchange of information. These briefings should include handout material on B.O.L.O.’s, crime patterns, and criminal activity. Each investigator will make a notation of the date, time, and subject of the roll call briefing and record it in the unit file. Each unit commander will be responsible for monitoring these roll call briefings to insure adherence to this policy.

 

4.3              Developing Information

(CALEA 42.2.1a)

 

4.3.1           The development of pertinent case information begins when a call is received and continues until the case is cleared or designated inactive.  Obtaining and recording even minor information is often crucial to the successful conclusion of a case. 

 

4.3.2           Supervisors will review incident reports received in their unit to discover valuable criminal intelligence, emerging crime patterns, or significant modus operandi (MO’s).

 

4.3.3           The investigator should be mindful that there are many resources for developing information through witnesses, victims and confidential sources.  Some examples of resources are:

 

1.    The incident report (the basic source of information);

 

2.    Crime Intelligence Bulletins;

 

3.    Field Interview Cards;

 

4.    Interviews with the public (neighborhood canvass for witnesses, etc.);

 

5.    Seminars and meetings including but not limited to the ACIN, Metro Gang, or Inter-agency Law Enforcement Group;

 

6.    Information received by crime stoppers;

 

7.    The media;

 

8.    Traffic and accident reports;

 

9.    Identification Unit photo and fingerprint records;

 

10.  Pawn records;

 

11.  Juvenile records;

 

12.  Criss-Cross Directory;

 

13.  Confidential Source file; and

 

14.  Arrest records.

 

4.3.4           Outside agency information can be invaluable in an investigation and should be utilized when appropriate.  Such information includes:

 

1.    GCIC/NCIC Criminal history;

 

2.    Department of Motor Vehicle (DMV) and Department of Revenue records;

 

3.    Probation and Parole records;

 

4.    Court records;

 

5.    Tax records;

 

6.    Licensing Department records;

 

7.    Welfare and Social Service Agency records;

 

8.    Board of Education records;

 

9.    Real Estate records;

 

10.  Post Office records; and

 

11.  GCIC off-line searches.

 

4.3.5           Private organizations and agencies can also provide information valuable to investigations.  Court orders may be necessary to obtain certain records.  Such sources of information include:

 

1.    Utility companies;

 

2.    Telephone companies;

 

3.    Banks and credit agencies;

 

4.    Unions and professional agencies;

 

5.    Insurance companies;

 

6.    Neighbors, social contacts, and business associates; and

 

7.    Medical records.

 

4.3.6           Criminal investigators will maintain communications with zone; specialized units and other local, state, and federal agencies. Specific requests for information can be made via intelligence bulletins, BOLO broadcasts, roll-call briefings, or direct contact with law enforcement officials, community leaders, or private individuals.

 

4.4              Conducting Interviews and Interrogations

(CALEA 42.2.1 b)

 

4.4.1           Investigators must keep their objectivity and should be careful not to ask leading questions or suggest answers. However, uncooperative or unresponsive interviewees may be guided.  In interviews, witnesses should be appreciated, victims treated with compassion, and suspects will be treated fairly and afforded their constitutional rights.

 

4.4.2           Conducting an interview and interrogating a suspect is one of the most important phases of the investigation. The purpose of conducting interviews and interrogations is to gain information critical to the investigation and subsequent prosecution. Investigators assigned to the Criminal Investigation Division will use the following procedures when conducting interviews and interrogations:

 

1.    In an interrogation, the investigator will inform the suspect of his constitutional rights according to Miranda, regardless of whether another investigator or uniform officer has previously informed the suspect of his/her rights. These rights should be read from the standard “Miranda Warning” card (DPS 347) if possible. In addition, if the suspect chooses to make a written or taped statement, the Miranda warning will be included at the beginning of the written or taped statement and a “Waiver of Rights” form will be signed by the suspect indicating that he/she voluntarily and intelligently waived their constitutional rights. Each page of the suspect’s statement should contain their signature.

 

2.    Investigators will attempt to audiotape any statement of confession or admission once a written statement has been obtained.  When practical and after conferring with a supervisor, investigators will also attempt to videotape a suspect’s statement of admission or confession (EXCEPT for juveniles, unless authorized by a Juvenile Court Judge; see APD.SOP.3190 “Juvenile Procedures” for further).  When used, the tape and/or video recording shall be designated as evidence and shall be handled in the following manner:

 

a.    The original tape recording shall be duplicated.

 

b.    The original tape shall be handled, labeled, and stored in accordance with the agency's evidence handling and processing procedures.

 

c.    The copy of the tape shall be used for future investigative activities and for clerical transcription.

 

3.    If a suspect cannot read or write or understand English, a translator/interpreter will be located and provided prior to any questioning. When possible, bilingual police officers should be utilized for this purpose. If necessary, the Department subscribes to the AT&T Language Line, an interpreter service that can be conducted by telephone.

 

4.    If there is more than one suspect in a crime, the suspects should be separated and interrogated individually.

 

5.    When interrogating suspects, a second person should be present to witness the suspect’s “Waiver of Rights and Statement.”

 

6.    Under no circumstances will an investigator use any illegal tactics to coerce or induce an involuntary statement from a suspect or witness.

 

7.    In the event that a suspect requests counsel all accusatory questioning must stop. The investigator may allow the suspect to contact his/her attorney by phone, if the investigator desires to continue his interrogation or interview. If the suspect does not have an attorney, the suspect may be given the opportunity to use the telephone and telephone directory to obtain counsel. If the suspect is indigent, the proper course of action will be followed through the Fulton County Public Defender’s Office.

 

8.    No investigator will make any pretrial statements to the media that may be prejudicial and/or may jeopardize the possibility of a fair trial (refer to the Public Affairs and News Media Policy).

 

9.    An interview is less intrusive than an interrogation and will be conducted to obtain information when persons are not under arrest. The Miranda warning is unnecessary.

 

a.    Victim and witness interviews require detailed notes or tape recording. Written statements should be made for future reference giving date, time, location, officers present, etc.

 

b.    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. 

 

c.    The age, physical limitations, and credibility of a witness should also be taken into consideration.

 

10.  Interview rooms should be used to interview/interrogate all perpetrators (in custody) and all suspects.

 

11   Investigators will not wear weapons into an interview room.

 

12   No more than two investigators should conduct an interview with a victim, witness or suspect at the same time.

 

4.5              Collection of Evidence

(CALEA 42.2.1c)

 

4.5.1           The lead criminal investigator assigned to the case will have primary responsibility for the collection and preservation of evidence at crime scenes. 

 

4.5.2           The crime scene technician’s primary responsibility is to locate, recover, and preserve latent fingerprints, collect evidentiary material, prepare sketches, and photograph crime scenes of incidents or traffic collisions using both still photography and videotape as directed by the lead investigator or supervisor if an investigator is not on the scene.

 

4.5.3           Crime Scene Technicians will maintain a 24- hour, 7-day a week operation. When called, technicians will proceed promptly arriving as soon as possible with all equipment needed to photograph and process the scene.

 

4.5.4           The uniform officer will be responsible for maintaining and preserving the scene prior to the criminal investigator or crime scene technician’s arrival. Upon their arrival, the lead investigating officer will debrief the officer or supervisor directing the investigation, and will brief the crime scene technician regarding the crime or collision, or critical evidence that could deteriorate or require special care. (see APD.SOP.3081 “Crime Scene Investigation”)

 

4.6              Preliminary and Follow-up Investigations

(CALEA 42.1.4)

 

4.6.1           Most investigations begin with the preliminary investigation being conducted by a field officer. Depending on the nature and severity of the crime and complexity of the crime scene, an investigator from the Criminal Investigations Division may conduct the preliminary investigation.  CID investigators will be notified if there is a need for an immediate investigation at the crime scene via a request from the field watch commander or by a field supervisor.

 

4.6.2           When responding to a crime scene, the investigator should assume responsibility for determining what the investigator’s role should be, i.e., whether the investigator should handle the full preliminary investigation or serve as an advisor to the responding field officer.  Should a field supervisor request that the investigator handle an preliminary investigation, which the investigator has declined; the investigator may contact his or her supervisor for final determination.

 

4.6.3           The Criminal Investigations Division will assume responsibility for oversight and completion of all major crime scenes and investigations as defined by the Division commander. The primary investigator has authority to establish priorities and make decisions regarding witnesses and suspects, recording of statements and collection of physical evidence, making on-site arrests, applying for warrants, and all other activities germane to a comprehensive investigation of the incident.

 

4.6.4           The field watch commander will assign field officers to assist the investigator. In such instances, these officers are responsible to the on-scene primary investigator.

 

4.6.5           If the investigator assumes full responsibility for handling the preliminary investigation, the investigator will:

 

1.    Determine if the victim, perpetrators, or others at the crime scene need medical attention.

 

2.    Immediately broadcast detailed and complete suspect lookouts.

 

3.    Establish safeguards to preserve the crime scene to include:  taping or roping off, posting officers, or other action as determined by the crime and crime scene.  Request the assistance of additional officers or a supervisor, if needed.

 

4.    Determine investigative steps already taken.

 

5.    Direct the search for and collect evidence at the crime scene and, if appropriate, arrange for photographs to be taken.  Evidence should be collected whenever possible.  Collection should be by the investigator in charge of the case or by an ID Technician, if directed by the primary investigator on the case.  The chain of custody should always be kept as short as possible.

 

6.    Sketch the crime scene if appropriate.  Basic elements to be included in a crime scene sketch are:

 

a.    Dimensions

 

b.    Relations of crime scene to other buildings, geographical features, or roads

 

c.    Address, floor, or room number

 

d.    Location of significant features of the scene, including the victim

 

e.    Date and time of preparation

 

f.     Names of persons preparing the sketch

 

g.    Direction of north

 

h.    Location of items of physical evidence recovered

 

7.    Ensure proper marking, packaging, and transporting of evidence and photographs.  If photographs are not taken and/or physical evidence is not recovered from the scene of a serious crime, the initial report will include the reason(s) why.

 

8.    After completion of the preliminary investigation, the investigator will be responsible for conducting a thorough follow-up investigation.

 

4.7              Follow-Up Investigations

(CALEA 42.2.3)

 

4.7.1           The primary investigator will continue his or her preliminary investigation or will review the preliminary investigation done by the field officer and make a determination of additional investigative activities that are required. These activities may include but are not limited to any or all of the following in the order deemed appropriate:

 

1.    Review and analyze incident and supplemental reports prepared in the preliminary phase. (CALEA 42.2.3a)

 

2.    Canvass crime scene areas if there is the possibility of discovering any type of useful information.

 

3.    Interview victims, witnesses, and/or complainants without delay.  Conduct initial interviews with suspects when available.

 

4.    Search for additional witnesses.

 

5.    When witnesses or victims are unable to furnish complete information during the initial interview, a second contact will be made after a lapse of several days, to obtain additional information.  This second contact will be documented in the unit file on form APD 308. (CALEA 42.2.3b)

 

6.    Complete background checks on witnesses, victims, and suspects as appropriate.

 

7.    Identify and apprehend suspects. (CALEA 42.2.3e)

 

8.    Interrogate suspects as soon as appropriate.  The interrogation will include an attempt to determine if the suspect is involved in other crimes. (CALEA 42.2.3f)

 

9.    Conduct additional interrogations to obtain further information. (CALEA 42.2.3 b)

 

10.  Check suspect’s criminal history. (CALEA 42.2.3g)  The use of criminal histories and photos will be in compliance with GCIC and Departmental regulations. 

 

11.  Attempt to determine if the suspect is involved in other reported crimes through fingerprints, modus operandi comparisons, confidential sources, crime analysis and pawn information for other types of crime. (CALEA 42.2.3f)

 

12.  Arrange for suspect composites to be prepared, if appropriate.

 

13.  Advise the supervisor when surveillance, polygraph or CVSA examinations (See APD.SOP.3120 “Polygraph and CVSA”) wiretap, or other technical investigative assistance is needed.

 

14.  Plan, organize, conduct searches and collect physical evidence. (CALEA 42.2.3d)

 

15.  Search for and recover stolen property.

 

16.  Check evidence into the Property Control Unit.  When necessary, send it to the State Crime Lab or other laboratory for examination and request a report of the findings.  Review results from laboratory examinations. (CALEA 42.2.3a)

 

17.  Prepare and execute search or arrest warrants (unless the arrest warrant is handled by the Fugitive unit).

 

18.  Attend and retrieve evidence at autopsies.

 

19.  Seek additional information from other officers and investigators, contacts in community, confidential sources, and other agencies when possible.  Confidential sources will be handled in accordance with APD.SOP.5160 “Confidential Sources”. (CALEA 42.2.3c)

 

20.  Identify recent prison releases into the community from the Repeat Offender officers. (See APD.SOP.3031 “Repeat Offenders”)

 

21.  Seek additional information from Central Records or Crime Analysis regarding suspects, witnesses, or past incidents at or near the location of the crime.

 

22.  Seek additional information from records including motor vehicle registration, driver’s licenses, social security numbers, occupational licenses, and records from other law enforcement agencies, newspapers, employee records, and credit files.  Creative use of non-criminal information records can often solve crimes.

 

23.  Track the source of all firearms involved and enter ballistic information into National Crime Information Center’s database.

 

24.  Coordinate with Departmental and regional intelligence databases. (See APD.SOP.5160 “Confidential Sources”)

 

25.  Fully utilize all Departmental records, such as the pawn desk, computer databases, criminal history and other files as well as ACIN, crime analysis services, confidential sources, and other information that is available.  (CALEA 42.2.3a)

 

26.  Enter wanted persons, stolen vehicles, and serial numbered stolen property into NCIC. (See APD.SOP.3110 “GCIC and NCIC Information”)

 

27.  Arrange for the dissemination of appropriate information within the ACIN bulletin or other source of providing information throughout the Department and outside agencies.

 

28.  Make notifications and coordinate with other law enforcement agencies.  In major cases potentially involving multiple jurisdictions, activate lead tracking protocols (e.g., FBI’s Rapid Start).

 

29.  Prepare summary reports.  In serious crimes, if photographs were not taken, or if evidence was not collected at the scene, the reason(s) why will be included in the summary report, unless provided in the initial report.

 

30.  Notify victims and witnesses when their presence is required in court.

 

31.  Assist the prosecutor’s office in case preparation and strategy by presenting evidence and statements; developing exhibits for presentation in court including latent fingerprint charts, crime scene sketches, and photographs; and preparing case for court presentation. (CALEA 42.2.3h)

 

4.7.2           Documenting the Investigation

(CALEA 42.2.3)

 

1.    The investigator will submit a summary of the investigation within ten  calendar days after receiving the case and will use the Summary of Investigation (form APD 308) as a means of documenting his or her daily activities.  For a serious case, the supervisor may direct the investigator to file more frequent reports on the progress of the investigation.

 

2.    Original copies of statements, photographs, crime scene sketches, and all other case related documents, will be submitted to the immediate supervisor for inclusion in the master file.  Unless an original document is needed for investigative purposes, investigators will only carry certified copies of documents in their working files.

 

3.    Narcotics files will be kept according to the Special Enforcement Section’s Standard Operating Procedure. (See APD.SOP.5030 “Special Enforcement Section”).

 

4.    Homicide files will be kept according to the Homicide Unit’s standard operating procedure. (See APD.SOP.5040 “Homicide Unit”).

 

4.8              Investigative Aids

 

4.8.1           Polygraph and Computer Voice Stress Analyzer will be used in accordance with APD.SOP.3120 “Polygraph and CVSA”.

 

1.    In cases where an investigator desires to have an incarcerated subject examined, he or she will make arrangements with the courts and/or corrections authority to secure the release of that person and to accompany the prisoner for the examination or have the examination conducted at the jail.

 

4.8.2           Tape Recordings

 

1.    State law permits covert or overt tape recordings of conversations without court order under certain conditions (O.C.G.A. § 16-11-66). Generally, this is when at least one party to the conversation consents to the taping. Tape recordings may be used either as evidence or as a means of note taking.

 

2.    Written consent should be obtained from the person (e.g. confidential source) who tape-records any conversation at the direction or request of an officer.

 

4.8.3           Wiretaps, etc.

 

1.    The Special Enforcement Section (SES) will provide assistance with investigations that can be aided through the use of wiretaps, pen registers (dialed number recorders), subpoena required recordings, or other technical means.

 

2.    The SES Surveillance unit will conduct technical surveillances, which requires a court order.

 

4.8.4           Surveillance

(CALEA 42.2.1 e)

 

1.    Brief surveillances may be conducted as required during a routine investigation.

 

2.    Lengthy surveillances and those, which involve multiple officers, must have supervisory approval and should be planned using APD.SOP.5030 “Special Enforcement Section”.

 

4.8.5           Background Investigations

(CALEA 42.2.1 d)

 

1.    Generally, Special Enforcement Section (SES) investigators conduct background investigations on suspects.  If conducted by non-SES investigators, the investigation will follow applicable provisions in APD.SOP.5030 “Special Enforcement Section”.

 

2.    Employees of the Criminal Investigation Division will on occasion conduct background investigations of persons and organizations during the course of their duties. 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. Background investigations may warrant judicial assistance in the form of a subpoena, wiretap or court order. In these situations it will be necessary to request assistance from the Special Enforcement Section in order to aid the investigator in following the proper procedure in securing the subpoena or court order.

 

3.    Potential sources for background information are public utilities records, past employee records, credit information, criminal history records, license applications, driver’s license information, other police agencies, electronic and visual surveillance, and confidential sources.

 

4.    Once the information is collected, it will then be evaluated as to criminal activity and its potential for use during any prosecution of the suspect. Background information collected should become a permanent part of the investigative file and be preserved by the investigator.

 

4.8.6           Search and Arrest Warrants

See APD.SOP.5060 Fugitive Unit Operations for further information
 

1.    Search warrants should be obtained whenever evidence may be found or there is the possibility of recovering property.  Search warrants can be of great value in clearing additional crimes and recovering the property of other victims.

 

2.    When probable cause for an arrest is developed, the investigator should secure a warrant and make the arrest. Arrest warrants will be handled in accordance with Department procedures. The investigator should make at least two attempts to serve an arrest warrant before forwarding a complete fugitive package to the Fugitive unit. The package must include the following items, if available:

 

a.    Completed and signed arrest warrants;
 

b.    Signed Flag notice;
 

c.    Suspects driver’s license information;
 

d     Suspects criminal history;
 

e     Offense report and any supplements;
 

f      Photograph of suspect; (current if possible)
 

g.    Enter case in “Pending File” at complaint room;
 

h     Investigators contact information.

 

3.    If these items are not included in the fugitive package, include a brief explanation as to why they were omitted.

 

4.    All Part 1 warrants should be forwarded to the Fugitive Unit within two days of being flagged at Identification. The following units are required to send packages directly to the Fugitive Unit without making pick-up attempts:

 

a.    Homicide

 

b.    Assaults

 

c.    Robbery

 

d.    Sex Crimes

 

e.    Crimes Against Children (genital to genital penetration)

 

5.    Out of the state extraditions: When Atlanta Police Investigators are notified that persons they initiated arrest warrants for are in custody outside of the state, they should immediately attempt to get that suspect indicted for the pending charges and notify the Fugitive Unit.

 

6.    When Atlanta Police Investigators are notified that persons they initiated arrest warrants for are arrested and in custody within the state, the Fugitive Unit will be notified.

 

4.9              Case Screening System

(CALEA 42.1.2)

 

4.9.1           Reports assigned to the Criminal Investigation Division will first be sorted by Central Records and assigned to the appropriate investigative unit. Each investigative unit is specialized and contains investigators with specialized skills to perform specific types of investigations. After reports are sent to the appropriate unit, the supervisor will then evaluate the report for investigative merit.

 

4.9.2           The watch supervisor will assign all serious crimes to an investigator for investigation based on case screening. These include all homicides, rapes, robberies, aggravated assaults, burglaries, auto thefts, arsons, kidnappings, selected larcenies, molestations, some indecent exposures, some missing persons, forgeries, credit card thefts and major frauds.

 

4.9.3           Cases that may not receive immediate follow-up investigation include simple batteries, some larcenies, some missing persons, criminal trespass, and other miscellaneous cases based on the unit commander’s criteria.

 

4.9.4           The watch supervisor will assign cases based on their seriousness and in accordance with priorities based on the presence of solvability factors, to include the following:

 

1.    Suspect in custody

 

2.    Suspect named or known

 

3.    Unique suspect identifiers

 

4.    Vehicle in custody

 

5.    Unique vehicle identifiers

 

6.    General suspect description

 

7.    General vehicle description

 

8.    Unique MO or crime pattern

 

9.    Significant physical evidence

 

10.  Usable fingerprints

 

11.  Traceable stolen property

 

12.  Witnesses

 

13.  Range of time of report

 

Other pertinent information

 

4.9.5           Inactivation criteria may include lack of further leads or solvability factors, unavailability of investigative resources, and/or insufficient degree of seriousness.

 

4.9.6           The supervisor will evaluate those cases not normally assigned due to their seriousness and apply the above evaluation criteria to determine whether those cases should also be assigned to an investigator for follow-up investigation or if they should be inactivated.

 

4.10            Case Screening

(CALEA 42.1.2)

 

4.10.1         Central Records will sort cases to the appropriate investigative unit.  The watch supervisor will pick up reports from Central Records at least once during the tour of duty.

 

4.10.2         The watch supervisor will evaluate the reports for investigative merit.  The supervisor will attempt to detect any relationship between separate reports or possible crime patterns and communicate these to the assigned investigator.  Classify each case with one of the following designations:

 

1.    "A" -  the investigator or someone else has made an arrest, and the investigator is to investigate further and present the case in court.

 

2.    "B" -  someone other than the investigator has been made an arrest, and the investigator is to review the case and may interview the suspect.

 

3.    "C" -  No arrest has been made, and there are solvability factors or leads to be worked, such as:

 

a.    A suspect is in custody.

 

b.    A suspect is named or known.

 

c.    Unique suspect identifiers.

 

d.    General suspect description.

 

e.    A vehicle is in custody.

 

f.     Unique vehicle identifiers.

 

g.    General vehicle description.

 

h.    Unique MO or crime pattern.

 

i.     Significant physical evidence.

 

j.     Usable fingerprints.

 

k.    Traceable stolen property.

 

l.     Witnesses.

 

m.   Other pertinent information.

 

4.    "D"  -  No arrest has been made, and there are no leads to be worked.  The investigator will contact the victim in person, by telephone, or (for a larceny) by mail to solicit additional information and inform the victim of the case status.

 

5.    “RO” – Inactivated cases that were re-opened.

 

4.10.3         Assign cases for follow-up investigation.  Cases requiring specialized skills, knowledge, or ability should be assigned to investigators having that expertise.  Supervisors will assign all homicides, rapes, robberies, aggravated assaults, burglaries, auto thefts, kidnappings, molestations, forgeries, credit card thefts, and major frauds for investigation.  Supervisors may assign other cases based on seriousness and solvability factors.

 

4.10.4         Log each case received on the Investigative Case Log (form APD 300) and assign a unit tracking number.  The unit tracking number, incident number, victim's name, date received, date assigned, screening classification, and investigator assigned will be logged.

 

4.10.5         Keep an additional investigative case log (form APD 300) for recording reopened cases and miscellaneous cases.

 

4.11            Victim Notification

 

4.11.1         It will be the responsibility of the investigator assigned to the case to attempt to contact each victim, complainant, and witnesses within three working days of the case assignment. If a case is assigned on an off day, the investigator will contact the victim, complainant, and witnesses on the next working date. If an investigator is on vacation, military leave, or taking extended time off (3 or more working days), the supervisor will not assign a case to that investigator. All contacts with victims, complainants, and witnesses will be made in person when possible and practical. Notification on inactivated cases will be made by phone or by letter.

 

4.11.2         The investigator will inform the victim, complainant, and witness of the investigator’s name, office phone number, times when the investigator can be contacted, the complaint number of the case, and status of the case. During this initial contact, the investigator will inquire as to further information regarding the case, clarify information initially reported, and document any additional information (such as stolen property to be sent to N.C.I.C).

 

4.11.3         Any significant change in the case status should be communicated to the victim, complainant, and witnesses within three working days of the case status change or when leads develop. Dates and times of notification will be noted and a record of the notification (or attempted notification) will be included in the unit file on form APD 308.  In all reported cases, except larceny “D” reports, the assigned investigator will contact the victim and inform them of the case status, including when accused is arrested and when court date is set. It is not required, and may be inappropriate, to inform victims of general case progress or developments.

 

4.11.4         The victim, complainant, and witnesses will be contacted a second time within a 72 hour period, when practical to update them on the case’s progress. This policy will enhance the relationship between the Criminal Investigation Division and victims, complainants, and witnesses and instill public confidence that everything is being done to bring their case to a successful close.

 

4.11.5         Investigators will explain case prosecution procedures to the victim/witness giving them information concerning how the case will be handled; the various procedures involved in the prosecution of their case; and the role of victims/witnesses in those procedures, to include: their participation in certain investigative functions like line-ups and the possibility that they may be needed to provide testimony in court. (CALEA 55.2.4b)

 

4.11.6         Investigators will ensure that victims/witnesses are aware of and afforded access to a Victim Witness Assistance Program (VWAP) advocate during the follow-up investigation. (see APD.SOP.3100 “Victim Witness Information”)

 

4.12            Case Assignment and Tracking

 

4.12.1         The watch supervisor will assign cases to investigators in accordance with the unit commander's instructions and will monitor investigators' cases to ensure equitable workloads.  The number of cases assigned need not be equal, depending on the assignment procedure and the complexity of the cases.

 

4.12.2         Supervisors will ensure that cases are assigned to investigators who have the appropriate expertise and experience required for successful completion.  This requirement is to emphasize using the best qualified person available for the investigation of cases requiring specialized skill, knowledge or ability, but shall not cause inequitable workloads in the unit.

 

4.12.3         Each case will be assigned to an investigator who will have responsibility for the case.  Additional investigators may be assigned to assist as needed, based on the degree of seriousness and available manpower; however, the assigned investigator retains responsibility for the case.  

 

4.12.4         The watch supervisor will write the screening classification and the investigator's name on the incident report.  One copy of the incident report will be filed by crime number in the unit master file and one copy will be given to the investigator.

 

4.12.5         All cases will be considered “open” when received by the Criminal Investigations Division.  Based on case screenings and any investigation, cases can be closed by assigning them to one of these categories;

 

1.    “A” to indicate clearance by arrest.

 

2.    “E” to indicate exceptional clearance.

 

3.    “U” to indicate unfounded.

 

4.    “I” for inactivated.  (CALEA 42.1.3 b)

 

4.12.6         Cases are inactivated when they are not cleared, but all logical or reasonable leads have been exhausted or there are no solvability factors (“D” report).  Unavailability of investigative resources and insufficient degree of seriousness may also be taken into consideration in a decision to inactivate a case.  The Investigative Case Log (form APD 300) or computerized database will be marked “I” in the “Results” column.

 

4.12.7         The watch supervisor in the Larceny Unit will assign "D" cases to clerical employees for preparation of victim notification card.  A copy of the postcard will be kept in the master file.  Mark the Investigative Case Log (form APD 300) "I" in the "Results" column.

 

4.13.           Investigator’s Assignment Record

 

4.13.1         The Investigator’s Assignment Record (form APD 334) covers one month and will be updated daily.  The investigator will record each case on the Assignment Record, as he or she receives it, listing the complaint number, the unit number, complainant or victim, screening designation, and date of assignment.  Record activity in each case as follows:

 

1.    Inactivated date – enter the date on which the supervisor approved the case inactivated.  Usually, this will occur at the ten-day review.  Do not make an entry if an arrest has been made.

2.    Extended to – enter the date on which a final investigative report is due.  Usually, this will be a seven-day extension beyond the initial ten-day investigation period.

 

3.    Physical arrest – enter the number of persons arrested by the investigator and the date each arrest was made.

 

4.    Arrest by other – enter the number of persons arrested by another officer.

 

5.    Clearance – enter “A/O” to indicate arrest by other, “A/U” to indicate arrest by investigator in unit, “E” to indicate exceptional clearance, “U” to indicate unfounded, and “I” to indicate inactivated and the dates for each.

 

a.    Alternatively, the investigator may request a seven-day extension on the investigation in order to follow-up on specific leads.

 

b.    If the supervisor disagrees with the investigator’s recommendation, he/she may authorize a different designation or direct the investigator to complete specific additional work on the case.

 

6.    Warrant – enter “A” to indicate arrest warrant, “S” to indicate search warrant.

 

7.    Complaint Room – enter the number of persons processed through the Complaint Room.

 

8.    Indicted – enter the number of persons indicted.

 

9.    D, G, or NG – enter “D” to indicate dismissed in court or not prosecuted by prosecutor, “G” to indicate guilty plea or conviction, “NG” to indicate acquittal.

 

10.  Value recovered and the date – enter value of stolen property recovered.

 

4.13.2         On the back of the Investigator’s Assignment Record (form APD 334), the investigator will record on-duty hours spent on certain functions.  On-duty hours in court will be shown for each court.  Also show on-duty hours spent on the following activities:

 

1.    Stakeout or surveillance.

 

2.    Inside details - in which the investigator is assigned to work in the office (Walk-ins, etc.).

 

3.    Warrant execution - hours spent in the execution of an arrest or search warrant, regardless of who obtained the warrant.

 

4.    Special assignment - an assignment other than one of the above, which is not related to the investigation of specific cases or suspects.

 

4.13.3         At the beginning of each month, the investigator will:

 

1.    Log any cases carried over from the previous month to the new month’s case assignment record.  List the complaint number, the unit tracking number, complainant or victim, screening designation, and date of original assignment. 

 

2.    Summarize the previous month’s activity on the Investigator’s Monthly Activity Report (Form APD 332) and submit to supervisor.

 

3.    Submit the previous month’s Investigator’s Assignment Record (form APD 334) to the supervisor.

 

4.14            Terminating the Investigation (Closing or Inactivating)

 

4.14.1         Terminate the investigation when:

 

1.    The investigator arrests the perpetrator(s), submits clear-up reports, and fulfills the information needs of the prosecutor; or

 

2.    When the investigator has exhausted all leads to the satisfaction of Division guidelines and the supervisor.  The decision to inactivate or extend an investigation may be based on the seriousness of the crime and the likelihood of successful conclusion.

 

4.14.2         The investigator will complete and submit the Summary of Investigation (form APD 308) to document the investigative actions taken and the results of the investigation. The Summary of Investigation must be submitted to the supervisor within ten days of the assignment date.

 

1.    On the front of the Summary of Investigation form, the investigator may answer questions briefly, with a check or a few words.

 

2.    On the back of the form, the investigator should explain the results of the various investigative steps, especially those that are starred (*) and describe what other investigative steps have been taken.  List witnesses not shown on the incident report.  Include names of suspects who have been cleared or added to the case.  Identify leads which remain to be worked.

 

3.    Note that this form is intended as a summary; the full details should be on the appropriate incident and supplementary reports, statements, crime lab and doctor’s reports, etc.

 

4.15            Reopening a Case

 

If additional information is developed on a case, which has been inactivated or screened D, it may be reopened.  When additional information is developed, the investigator should present it to the supervisor.  The supervisor will decide whether to reopen the case and which investigator will handle it.  If the case is reopened, the supervisor will log the case on a supplemental Investigative Case Log (form APD 300) and classify it "RO" and the original screening classification (e.g. RO/ D).

 

4.16            Master File

 

4.16.1         The master file should contain all preliminary investigative reports (originals will be maintained in Central Records) and records of statements, results of examinations of physical evidence, case status reports, and other reports and records necessary for the prosecution of the case.  If an item is unavailable, include a statement in its place describing the reason for its absence and when the item is expected.

 

1.    The contents of the master file should be in a logical, chronological order.  The following order will be used as a general guide: (CALEA 42.1.3c)

 

a.    Master file index.  This index is required only if the master file is over 15 pages long.  The index can be typed on blank paper and must identify each document in the master file.

 

b.    Incident report, case status reports and any supplements needed for investigative purposes.

 

c.    Statements of other officers, the victim, witnesses, the suspect, if any.

 

d.    Supplementary Incident Report by the investigating officer; form APD 308 may serve as the supplement.

 

e.    The arrest warrant, arrest report if different from the incident report; arrest tickets, waiver of rights, and lineup waiver, if any.

 

f.     Report on lineup, if any.

 

g.    Search warrant, if any.

 

h.    Property/evidence form, if any.

 

i.     Report on fingerprints, and other physical evidence, if any.

 

j.     Crime lab and medical examiner reports of evidence, if any.

 

k.    Change of status reports, if any.

 

l.     Crime scene sketch, if any.

 

M.   Envelope of photographs, if any.

 

2.    Serialize the pages of the file documents in the master file. The serialized page number is written on each page in the following format:  S-n-n-n

 

a.    The first element is always “S”.

 

b.    The second element is the order of the document within the package.

 

c.    The third element is the page number within the document.

 

d.    The fourth element is the total number of pages in the document.

 

e.    For example, Page S-3-2-7.  In this example, “S-3-2-7” means the second page in the third document in the master file; this document has seven pages.

 

4.16.2         The supervisor will review the master file and ensure that it is in accordance with the standards set by the prosecutors.  

 

4.16.3         Access to the master file will be limited to the investigator having responsibility for the case, his/her supervisor and to all others on a “need-to-know” basis regardless of rank. (CALEA 42.1.3 d)

 

4.16.4         Each unit will keep the master file until final court case disposition. In a case with multiple defendants, a cross-reference folder will be made for each additional defendant; these folders will be filed by individual unit’s procedures.

 

4.16.5         The master file will be consolidated into central records when the case is inactivated or closed. (CALEA 42.1.3 e)

 

4.17            Court Subpoenas

 

4.17.1         Each unit will maintain a subpoena log.  Each subpoena received by the unit will be logged and initialed by the receiving supervisor on form APD 615.  Investigators are responsible for checking the subpoena log daily. The employee must acknowledge receipt by signing the log and he or she must appear in the required court as specified.  If the employee is unable to attend, he or she will immediately notify their supervisor and the court.

 

4.17.2         If notification is made by phone, the person making the notification will sign in the column for the investigator’s signature.

 

4.17.3         If the investigator cannot be contacted in time to respond to the subpoena, it is the immediate supervisor’s responsibility to notify the court.  Enter the date, time, and person notified in the column for the investigator’s signature.

 

4.17.4         Refer to Departmental policy APD.SOP.3160 “Court Responsibilities”.

 

4.17.5         Subpoenas for civil cases, character witnesses, and as a witness for the defense should immediately be brought to the attention of a supervisor (see DPS Employee Work Rules regarding service of process, defense witness).

 

4.17.6         The subpoena log will be maintained in a loose-leaf binder.  Form APD 615 may be removed and destroyed after 12 months.

 

4.18            Preparing for Testifying in Court

 

4.18.1         Investigators will maintain an accurate record of daily investigative activities (on the Summary of Investigation form and/or Supplementary Incident Report form) to assist them in preparation of the case for prosecution.

 

4.18.2         Prior to court appearance, the investigator will review the case folder.  Facts relative to the investigation will be organized so the logical conclusions can be drawn.  Since investigators notes may be entered into evidence, any such notes that are taken to court should be limited to those concerning the case at hand.

 

4.18.3         Employees appearing in court will dress in conformity to the dress regulations of the Department, the Department’s work rules, and the requirements of the court appearance policy.  Employees will always testify with honesty and in good faith. 

 

4.19            Investigator’s Monthly Report

 

4.19.1         On the last working day of the month, the investigator will complete the Investigator’s Monthly Report (Form APD 332) and submit it to the watch supervisor.  Information required on the front of this form can be obtained from the Investigator’s Assignment Record (form APD 334).  Information required on the back of Form APD 332 can be obtained from the investigator’s arrest tickets.

 

4.19.2         The supervisor will review the Investigator’s Monthly Report and complete the “Summary of Performance” section.  The supervisor should note any excellent performance, improved performance, or deficient performance in this summary.

 

4.19.3         The supervisor will return the form to the investigator for his/her review and signature.  The supervisor should be available to discuss his/her comments with the investigator.  The investigator’s signature indicates only that he/she has seen the supervisor’s summary and does not necessarily mean that he/she agrees with it.  The investigator may keep a copy of Form APD 332 but will return the original to the supervisor.

 

4.19.4         The supervisor will file Form APD 332 or a copy of a computerized version of the form in the investigator’s unit personnel file. The computerized database must capture the same information, as does the Form APD 332.

 

4.20            Unit’s Monthly Report

 

4.20.1         The unit commander will prepare the Unit’s Monthly Report (Forms 116a & 116b) by the seventh day of the following month.

 

4.20.2         The information required on form 116a will be obtained as follows:

 

1.    Items A, C, E, R, G, H, I, and J can be counted from form APD 300.

 

2.    Item B is the same as the previous month’s item I.

 

3.    Item D is the sum of A, B, and C.  This sum must be the same as the sum of E, F, G, H, J, and I.

 

4.    Item K is the sum of item E, G, and H divided by item A.

 

5.    Item L is item D divided by the number of investigators assigned to the unit.

 

6.    Item M is item M from form 116b divided by item D.

 

7.    Items N through V can be obtained from the investigator’s form

 

8.    Several other items on from 116a can be compared with the investigator’s Form APD 332; however, the sources indicated above will be used.

 

4.20.3         The information required on the bottom of form 116b can be obtained from the back of the investigator’s Form APD 332.

 

4.20.4         The information required on the top of form 116b can be obtained from the back of the Investigator’s Assignment Record (form APD 334).

 

4.20.5         The unit commander will use the bottom of form 116b to comment on the unit’s activities, new or recurring problems, solutions to problems, progress toward goals, and so forth.  The unit commander should use this space to explain unusual findings elsewhere in the monthly report.  He should report any changes in procedure or unusual events that would affect the activity of the unit.

 

4.21            Files Kept by the Units

 

4.21.1         The Investigative Case Log will be kept on a computerized database or on (form APD 300) which will be filed in a loose-leaf binder, including reopened and miscellaneous cases.  The case log will be maintained for two years after final court case disposition.

 

4.21.2         The master file of incident reports is kept in order determined by each unit and is under the control of the unit commander.  The most recent reports may be kept on a clipboard or in a loose-leaf binder for ease of reference. 

 

4.21.3         A copy of the incident report, summary of investigation (form APD 308), supplements, letter to the victim, and other documents pertaining to the case will be kept in the master file.

 

4.21.4         Originals of incident reports, arrest reports, supplements, clear-ups, change of status reports, recovery/additional loss reports, statements, and summary of investigation (form APD 308) must be submitted through the supervisor to Central Records immediately upon completion.  Originals of other documents, which are evidence, will be turned into Property Control Unit.  Master files will be purged two years after final case disposition. Any original documents or items still in the file will be sent to either Central Records, Property Control Unit, or returned to the owner or other appropriate party prior to file destruction.

 

4.21.5         Each unit will maintain a “wanted” bulletin board for ACIN and other wanted notices.

 

4.21.6         Instead of a suspect file, investigators will complete Field Interview (FI) cards on suspects for entry into the computer system.

 

4.21.7         Each unit will maintain an arrest warrant log.

 

1.    The log must be updated immediately upon securing or serving a warrant.  The purpose of the log is to serve as a control register for arrest warrants issued by the unit.  It should not be used by itself to determine the status of a warrant.

 

2.    The arrest warrant log will be maintained in a loose-leaf binder or within a computerized database.  Pages will be kept for as long as a warrant on that page is outstanding.  After all warrants on a page are served, the page will be kept in accordance with the Department’s warrant procedure.

 

4.21.8         Access to unit investigative files will be granted to persons having both a “right-to-know” and a “need-to-know.”  A unit supervisor must grant access to persons outside the unit.

 

4.22            Time Keeping

 

4.22.1         In addition to the time book, each unit will maintain daily sign-in sheets or a daily activity sheet.  Each member of the unit will write the times at which the tour of duty began and ended each day.  The sign-in sheet will be submitted to the unit commander on the following day.  The unit commander will maintain these in accordance with the Department’s timekeeping procedures (APD.SOP.2050 “Timekeeping”).
 

5.               DEFINITIONS

 

5.1              The following three definitions are related:

 

5.1.1           Arrest:  A person against whom charges are booked.  A single arrest may involve multiple charges.

 

5.1.2           Case:  A single reported criminal event receiving a single incident number.  More than one case may be recorded on one incident report.  Each victim of a crime of violence (e.g., homicide, robbery, rape, assault) and each stolen automobile are counted as one case; in crimes against property (e.g., burglary, larceny), each distinct operation is counted as one case.  A case may involve more than one chargeable incident.

 

5.1.3           Charge:  Each violation booked against an individual.

                  (For example, an officer arrests two suspects for burglarizing a business.  He/she books the first only for burglary, but books the second suspect for burglary, possession of burglary tools, and possession of marijuana.  In this example, there is one case, the burglary; there are two arrests and four charges.)

 

5.2              The following four case status terms are related:

 

5.2.1           Closed Case: A case which had been cleared.

 

5.2.2           Inactivated Case: An inactive case; a classification given a case when all leads are exhausted or investigation is terminated prior to resolution.  The case is not “closed,” and the investigation may be reactivated if further information is developed.

 

5.2.3           Open Case: A case being actively investigated.

 

5.2.4           Reopened Case: A case, which is changed from “Inactivated” to “Open” status; a “reactivated” case.

 

5.3              The following four investigation terms are related:

 

5.3.1           Background Investigation: An investigation, the primary purpose of which is to verify or develop non-criminal information pertaining to the identification, status, history, surroundings, or condition of persons, organizations, or events.

 

5.3.2           Criminal Investigation:  The collection of facts and information intended to identify an offender and to organize facts and information in a way that presents evidence sufficient for criminal charges.

 

5.3.3           Preliminary Investigation:  The preliminary crime scene investigation and recording of information. It is generally the responsibility of first responding uniformed field officers, although in some instances investigative personnel may be assigned to or included in this function.

 

5.3.4           Special Investigation: An investigation of persons and/or events, which is not performed for the purpose of the immediate resolution of a specific criminal complaint (case).  Special investigations include background investigations, intelligence gathering activities, regulatory investigations (e.g. licensing and permit investigations), and certain vice, narcotics, and organized crime investigations.

 

5.4              Primary Investigator:  The officer assigned primary responsibility and accountability for an investigation. The investigator in charge.

 

5.5              Miranda Warning:  Miranda warning advises people of their constitutional right not to answer questions and to have an attorney present before answering any questions.

 

5.6              Modus Operandi: A person’s methods of operating or functioning. (MO)

 

5.7              Interrogation: Once a person being questioned is arrested (is a "prime" suspect), he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.

 

5.8              Interview: A conversation with a person to elicit facts or statements for informational purposes.

 

6.               CANCELLATIONS

     

APD.SOP.5010 “Criminal Investigation Division”, revised November 1, 2004
     

7.               REFERENCES

 

Commission on Accreditation for Law Enforcement Agencies, Inc. Standards: 42.1.1, 42.1.2, 42.1.3, 42.1.4, 42.2.1, 42.2.3, 42.2.4 and 42.2.6. 4th edition, 11/01.

Form APD-300 Investigative Case Log

Form APD-334 Investigator’s Assignment Record

Form APD-308 Summary of Investigation

Form APD-615 Subpoena Log

Form APD-332 Investigator’s Monthly Report

Unit Victim Notification Card