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Applicable To: Division and section commanders and employees assigned to Homicide Unit |
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Approval Authority: Interim Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 6/9/10 |
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| Table of Contents | |||
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4.6 Adult Missing Persons Mentally Competent 4.7 Adult Missing Persons not Mentally Competent 4.7.6 Mattie’s Call Alert Criteria: 4.8 Officer Involved Shooting Scene |
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This directive identifies the responsibilities and investigative processes of the Homicide Unit, including the Adult Missing Persons Squad and HOIST (Homicide’s Officer Involved Shooting Team).
The Atlanta Police Department will conduct comprehensive homicide, adult missing persons, and officer involved shooting investigations in an efficient and effective manner.
3.1 The Major Crimes Section commander is responsible for randomly auditing open and closed Homicide Unit case files to ensure the highest professional standards are maintained on all investigations.
3.2 The Homicide Unit commander is responsible for the administration of the unit and will maintain a close liaison with other investigative units and other law enforcement agencies, to ensure that vital information is exchanged, and investigations are coordinated when necessary. The Unit commander will ensure that information is being distributed between the different watches, and the Section and Division commanders are updated on key investigations.
3.3 The Homicide Unit supervisors will respond to all scenes involving a possible homicide. The supervisor is responsible for ensuring the crime scene is secure, overseeing the collection of evidence, and communicating with the lead investigator to resolve any issues that may arise. The supervisor on scene will notify the Unit commander, the Section commander, and appropriate members of the command staff. The watch supervisor is also responsible for overseeing and reviewing the case files and ongoing investigations.
3.4 All Homicide Investigators are responsible for responding to homicide scenes, completing homicide investigations and case files, interviewing witnesses and suspects, and initiating the arrest procedures. Homicide Investigators will cooperate with and assist prosecuting attorneys, and attend all required court proceedings.
4.1.1 The Unit commander will continuously review every open homicide case file, and at the 60 day mark will formally sign off on the file. During the reviews, the Unit commander will ensure the appropriate paperwork is in the file, including all paperwork listed in APD.SOP.5010 “Criminal Investigations Division” and that the watch supervisor has noted any corrections or additional investigations that need to be completed on the file. The Unit commander will review and sign off on all homicide case files when they are closed.
4.2.1 A Homicide supervisor will respond to the scene of all homicides. The Homicide supervisor will oversee the crime scene, and will be responsible for notifying appropriate personnel regarding the incident.
4.2.2 A Homicide supervisor will review and sign off on each open master file at 7-day, 21-day, 60-day, 90-day, 6-month, and 1-year intervals from the date of the homicide, and when each file is closed.
4.2.3 The supervisor will ensure the appropriate paperwork is in the file, and all leads are being pursued. The supervisor will note any corrections that need to be made, and list any additional interviews or follow-up investigations that need to be completed by the assigned investigator on the Supervisor Case Review Checklist (Form APD-380).
4.2.4 Supervisors will assign cases on a rotating basis; in cases needing particular expertise, supervisors may assign specific investigators outside the normal rotation.
4.2.5 The release of information to the news media will be in accordance with APD.SOP.1060 “Public Affairs“. When at a crime scene, the watch supervisor will decide what information is to be released to the media. The watch supervisor, or a higher-ranking officer, will be the designee to release the information to the media at the scene. Follow-up or in depth media inquiries should be referred to the Public Affairs Unit.
4.3.1 The Homicide Unit will investigate all cases of homicide or life threatening injuries that would become a homicide if the victim expired. A Homicide investigator will respond to all instances of Law Enforcement involved shootings, including: when an officer is shot, regardless of the severity of the injuries. A Homicide investigator will respond to all instances where an officer is the victim of an aggravated assault with serious injury. The Homicide Unit will also investigate adult missing person cases, death in custody cases, and kidnappings where a demand for ransom has been made, or if the violence shown indicates that the victim’s life is in imminent danger and the victim has not yet been located. The Homicide Unit will handle all child-kidnapping cases, with the exception of interference with custody disputes. 4.3.2 When an investigator in the Homicide Unit is required to respond to the scene, he or she will assess the scene, gather information (according to APD.SOP.3081 “Crime Scene Investigations”), and determine if the crime is a possible homicide. If the victim is stable, or if the elements of the crime do not appear to be a homicide, the investigator will notify the zone officer or appropriate investigative unit to take over the scene. If the crime is a possible homicide, or if any law enforcement officer is involved in the shooting, the Homicide investigator will take over the crime scene and will:
1. Ensure the crime scene is secure;
2. Debrief the responding officer and direct him or her to assist as needed;
3. Identify, separate and secure if necessary, witnesses and suspects;
4. Ensure a homicide investigator responds to the hospital where the victim was transported, if applicable;
5. Begin the crime scene log, or take over the crime scene log from the responding officer;
6. Call for an Identification Technician;
7. Notify the Fulton/DeKalb/Clayton County Medical Examiner’s Office;
8. Notify the Georgia Bureau of Investigations office, if necessary;
9. Oversee and direct the Identification Unit Technician in the gathering, cataloging, and preserving all of the evidence;
10. Canvass the area for witnesses and additional evidence;
11. Obtain statements from witnesses and officers; and
12. Notify the Fulton/DeKalb/Clayton County District Attorney’s Office, as appropriate.
4.3.3 Before the end of the tour of duty, the lead Investigator will complete and submit an incident report (Form APD-001), and enter the information into the Homicide Data Book. He or she will also collect all of the statements and other pertinent paperwork and begin a master file and a working file of the incident. The master file will remain in the Homicide File Room. The investigator is responsible for maintaining and updating the master Homicide file.
4.3.4 Within 48 hours of being assigned to the case, the investigator will have in the master Homicide file:
1. The Homicide cover sheet;
2. A synopsis or summary of the Investigation (Form APD-308);
3. All related police incident reports;
4. All completed statements of witnesses, suspects, officers, etc.;
5. Any other relevant documents; and
6. Any arrest/search warrants applicable to the investigation.
4.3.5 A Homicide investigator will review appropriate 911 tapes for calls regarding each incident to ensure all of the information that was given to the operator is known, and all potential witnesses have been located.
4.3.6 If any video or audio recordings become part of an investigative file, a copy of the recording will be made, and the copy will be stored in the Homicide file room. The recording will be labeled with the case number, a brief description of what the recording contains, and victim information. The master recording will be turned into Property Control as evidence. A brief synopsis of all video or audio recordings will be included in the SUMMARY section of the homicide investigative file. When possible, the Homicide investigator will transcribe all, or all of the relevant portions, of the recording.
4.3.7 When the homicide file is closed, or when the file becomes inactive because all leads and investigative options have been exhausted, the master file will contain the following items (if applicable) listed in the following order:
1. Homicide cover sheet;
2. Summary of the investigation (Form APD-308);
3. Copies of all related police incident reports;
4. Lead investigator’s summary/supplements, including a synopsis of the witnesses’ statements;
5. Other investigator’s supplements;
6. Crime scene sketch;
7. All statements;
8. Weapon diagram (Forms APD-375 and 376);
9. Body diagram (Form APD-377);
10. Crime lab reports;
11. Autopsy report;
12. Crime scene / witness canvass log;
13. Criminal history log (victim and defendant);
14. Warrants (search and arrest);
15. Arrest and clear up reports;
16. All receipts (vehicle impounds, property);
17. Crime scene photographs and notes; and
18. Other relevant documents.
4.3.8 When a file is completed and closed, the file will be submitted to the watch commander for reviewing.
4.3.9 When a suspect is identified, and an arrest warrant is obtained, the investigator will notify the Fulton County Complaint Room or the DeKalb County Prosecuting Attorney’s Office, and present them with a copy of the warrant and other pertinent investigative documents. A complete warrant package will be submitted to the Fugitive Unit and the warrant will be flagged in the Central Records Unit as soon as the warrant is obtained.
4.3.10 When an arrest is made, the Homicide investigator will follow the procedures for the Fulton County Complaint Room or the DeKalb/Clayton County Prosecuting Attorney’s Office, prepare and submit the required documents, and will have the suspect transported to the appropriate detention facility. The Homicide investigator will go to the Central Records Unit and have the original warrant pulled and cleared from the NCIC system as mandated by GCIC/NCIC policies and procedures. Unless excused by the prosecuting attorney on the case, the investigator will attend all court proceedings according to APD.SOP.3160 “Court Responsibilities.”
4.3.11 The Homicide investigator will complete a Violent Criminal Apprehension Program (VICAP) booklet, when applicable, within 60 days of the homicide and submit it to the Homicide Crime Analyst.
4.3.12 All property that is turned into the Property Control Unit as evidence from a homicide scene will remain in Property indefinitely. The property is not to be released or destroyed so it will be available for court, the appeals process, or cold case investigations in the future.
4.4.1 When a Homicide investigative file is closed; the file will be reviewed by the watch supervisor for completeness and forwarded to the Unit commander.
4.4.2 The Section commander will audit open and closed Homicide files, using the Homicide File Audit Checklist. The Section commander will audit all files for quality, completeness and to ensure all possible leads have been exhausted.
Two Atlanta Police Homicide investigators are assigned to the Fulton County Multi-Agency Cold Case Unit to investigate cold cases. Cold Case investigators work under the supervision of the Fulton County District Attorney under a Memorandum of Understanding, effective January 5, 2004. (CALEA 5th ed. standard 42.2.9)
4.6 Adult Missing Persons Mentally Competent
4.6.1 The Adult Missing Persons Squad will handle all adult missing persons cases. An Adult Missing Persons investigator will respond to the scene of any adult missing person where there is evidence of foul play.
4.6.2 When an Adult Missing Persons Investigator receives a missing person report, the investigator will contact the reporting person to determine if the missing adult is competent, if the person left voluntarily, and the possible reasons for the disappearance. The investigator will also ensure a full description of the missing person, and any other pertinent information has been included in the report.
4.6.3 In an attempt to locate the missing adult, the Adult Missing Persons Investigator will do the following:
1. Ensure a lookout of the person has been given over the radio;
2. Check all metro Atlanta jails (City of Atlanta, Fulton County, DeKalb County, etc.);
3. Check all metro Hospitals (Grady, Atlanta Medical, and Crawford Long, etc.);
4. Check day and night shelters if circumstances dictate;
5. Check driver’s license records, and criminal histories;
6. Check last known location where missing person was observed;
7. Interview employers, co-workers, and neighbors if circumstances dictate;
8. Check all credit cards, debit cards and/or bank account activity; and
9. Obtain cellular phone records if circumstances dictate.
4.6.4 Whenever a competent adult who has been reported missing is located, the reporting officer or investigator will confirm the missing person through ACIC to ensure the entry is cleared as mandated by GCIC/NCIC polices and procedures. The reporting officer or investigator will tell the person that he or she has been reported missing, and that he or she should contact their relative or spouse. The officer or investigator will notify the reporting party, GCIC and the Homicide Unit.
4.6.5 Whenever an adult missing person who was reported missing from Atlanta has been located in another jurisdiction, a copy of the located person’s tele-type will be placed in the case file, and the case will be closed according to APD.SOP.5010 “Criminal Investigations Division” policy.
4.7 Adult Missing Persons not Mentally Competent
4.7.1 Communications, or the responding officer will immediately notify The Adult Missing Persons Squad, or, if not available, the Homicide Unit, when a missing persons case involving an adult person with Alzheimer’s, dementia, or other mentally disabling conditions is reported.
4.7.2 A uniformed officer will be immediately dispatched to the scene, if not already present.
4.7.3 The uniformed officer will ascertain as much information about the missing person, and the events surrounding their disappearance, as possible. This information will include, but will not be limited to: detailed description of the missing person, description of the missing person’s clothing, how long the person has been missing, where the person was last seen, mental condition, if the person has ever wandered away before and where they were found and contact information for the reporting person and the caregiver.
4.7.4 The uniformed officer will immediately contact the Adult Missing Persons Squad, or, if not available, the Homicide Unit, with this information.
4.7.5 The Atlanta Police Department will implement and issue an urgent bulletin, “Mattie’s Call,” in a missing persons case involving an adult person with Alzheimer’s, dementia, or other mentally disabling conditions is reported, and the missing person meets the established criteria. The Adult Missing Persons investigator, or Homicide investigator, if applicable, will review all of the available information with an Adult Missing Persons / Homicide supervisor to determine if the circumstances exist to justify the activation of a “Mattie’s Call.”
4.7.6 Mattie’s Call Alert Criteria:
1. There must be a confirmed adult missing person.
2. The missing person must be an adult 17 years of age or older.
3. The missing person must have Alzheimer’s, dementia, or other mentally disabling conditions that would impair the person from returning safely without assistance.
4. There must be enough descriptive information to believe that an immediate broadcast alert will help recover the missing adult.
5. Request for activation must be made as soon as possible after the missing adult is reported. (Within four hours from when the adult was last seen is ideal)
6. The case must be entered into the National Crime Information Center (NCIC) database.
7. At the discretion of the Homicide Unit commander, or his/her designee.
4.7.7 If the person does not meet the criteria, the reporting officer will complete the report and forward the report to Central Records immediately so the missing person can be entered into the NCIC system as prescribed by GCIC/NCIC polices and procedures. A copy of the report will be faxed to the Adult Missing Person Squad.
4.7.8 If the person does meet the criteria, the Homicide supervisor will fill out part one of a “Mattie’s Call” Information Sheet (Form APD-374), which will list all provided information on the missing person. The supervisor will then fill in part two of the sheet, showing that the missing person meets the criteria, authorizing the activation of a "Mattie’s Call”, and sign it.
4.7.9 The Homicide supervisor will notify a Communications supervisor that a “Mattie’s Call” needs to be activated. The Homicide supervisor will provide the Communications supervisor, either by hand, by email, or by fax, the completed parts one and two of a “Mattie’s Call” Information Sheet on the missing person. Communications is responsible for activating the alert, including disseminating the information to all of the agencies listed in Atlanta Code Section 98-3 “Mattie’s Call.”
4.7.10 A contact number for Communications will be included in the alert. Information and leads received in Communications regarding the missing person will be immediately forwarded to The Adult Missing Persons Squad via phone or radio. The Adult Missing Persons investigator will record all leads on a lead sheet, along with what action was taken on each lead.
4.7.11 Communications will broadcast the lookout over all Atlanta Police radio channels every hour for twenty-four hours, or until the alert is cancelled.
4.7.12 An Adult Missing Persons investigator will respond to the scene. Available discretionary units will be requested to respond in the area to assist in a coordinated search.
4.7.13 Whenever an incompetent adult who has been reported missing is located, the reporting officer or investigator will confirm the missing person through ACIC to insure the entry is cleared as mandated by GCIC/NCIC polices and procedures. The responding officer or investigator will transport the person to the Grady Hospital Psychological Clinic, if needed. The officer or investigator will notify GCIC, the reporting party and the Homicide Unit.
4.7.14 After the missing person has been located, and the alert has been cancelled, a Homicide supervisor will fill out part three of the “Mattie’s Call” Information Sheet. A copy of all lead sheets, the original incident report, and all supplements will be stapled to the completed information sheet, and given to the Adult Missing Persons investigator. The Adult Missing Persons investigator will complete a supplement and a GCIC/NCIC Clear/Cancel Form (APD-427) and deliver it to Central Records where the subject will be cleared from the NCIC system as mandated by GCIC/NCIC polices and procedures.
4.7.15 All completed Information Sheets will be reviewed and signed by the Unit commander and the Section commander.
4.7.16 All “Mattie’s Call” Information Sheets will be kept on file for a minimum of five years.
4.8 Officer Involved Shooting Scene
4.8.1 All employees will immediately report the discharge of a firearm to an on duty supervisor in the appropriate zone of occurrence.
4.8.2 Officer safety is paramount in any officer involved shooting incident. Nothing in this policy will preclude an officer from taking reasonable actions to ensure the safety of the scene as well as the safety of the officers or public at large.
4.8.3 Whenever the discharge of a firearm results in the physical injury or death of another, the on- duty zone supervisor will immediately notify the Communications Section of the incident, request the on duty Homicide Units, the Identification Unit, the Office of Professional Standards (OPS), and respond to the scene. The zone supervisor will take control of the scene until relieved by a Homicide unit to ensure that the crime scene is secure, a crime scene log has been started, and all witnesses, (including officers) remain at the scene and separated.
4.8.4 When the initial incident is stabilized and the scene is safe, the officer(s) involved in the discharge of their firearm will do the following:
1. De-cock, holster, and snap in his/her firearm. The magazine should not be removed and the weapon should not be reloaded, or altered, in any way. Thereafter, the weapon is not to be removed from the holster until directed to do so by a Homicide or HOIST member. In cases involving shotguns and /or long rifles used by officers, the weapon will be placed on “safe” and isolated in a secure location.
2. Request Emergency Medical Services for any injured person.
3. If the involved officer is injured, the first responding officer will ensure that minimal disruption of the scene occurs during medical treatment.
4. No items, including: weapons, radios, O.C. spray, batons, etc. should be removed, collected or altered from their original resting place unless a safety concern is present. If there is a safety concern, clearly document where any item was moved and by whom in a formal statement.
5. Any weapon handled by responding officers will remain in the custody of the officer who first took possession of said weapon until it is turned over to a HOIST member. This is to include extra weapons, gun belts, and any magazines.
6. If the officer is transported to a hospital, the person who takes control of the officer’s weapon and equipment at the scene will remain there until debriefed by a HOIST member.
7. The first responding officer, and all officers involved in the incident who are not injured will remain at the scene until relieved by a HOIST member.
4.8.5 After the scene is safe, protect the crime scene and preserve all evidence. Prior to the arrival of HOIST, no individuals will be permitted to enter into the scene except to perform emergency medical assistance or assist in the preservation of the scene. This includes all other police officers and supervisors, with the exception of Homicide investigators. Anyone who enters the scene for any reason will be identified and noted on a crime scene log for HOIST.
4.8.6 The involved officer(s) will make no detailed statements of the incident surrounding the shooting until a Homicide unit arrives. However, the involved officer(s) may be debriefed by a responding supervisor to assist in collecting information that may aid in the preservation of any evidence or the identification or capturing of any suspects, to include: the description of the suspect, direction of travel, possible suspect weapons, etc.
4.8.7 Keep any and all witnesses at the scene, and request that they do not discuss the incident with each other. Immediately obtain his/her name, address, date of birth, and verified phone number, and separate them as much as possible.
4.8.8 The on duty supervisor will coordinate with the HOIST supervisor on the transport of anyone who needs to be interviewed at the Homicide office.
4.8.9 Involved officers will be treated with dignity and respect, and be afforded all rights applicable by written directive and the law.
4.9 HOIST (Homicide’s Officer Involved Shooting Team)
4.9.1 Whenever there is an officer-involved shooting which has resulted in the physical injury or death of another; an in-custody severe injury (paralysis, comas, etc.) and death; or officer shot in the line of duty, The Atlanta Police Department will utilize HOIST to respond immediately to the scene to conduct a timely, complete, and comprehensive criminal investigation of the incident.
4.9.2 The first Homicide unit that responds to the scene will verify the officer involved shooting, and ensure that the HOIST supervisor or team member in charge has been notified.
4.9.3 The on-duty zone investigative unit supervisor and investigators will also respond to the scene to assist the HOIST and Homicide units. If the incident occurs during Morning Watch hours, the on-duty General Investigations supervisor and investigators will respond to the scene. They will remain on the scene until relieved by the HOIST supervisor.
4.9.4 The Homicide supervisor(s) and investigators on duty will immediately respond to the scene of any officer involved shooting, ensure that scene integrity is established and maintained, and remain for investigative support of HOIST.
4.9.5 The lead HOIST investigator will start to the scene, noting the date, time and name of person requesting their response. He/she will make notification via Detective Radio that they are monitoring radio traffic for any updates on the incident and provide an estimated time of arrival to the scene.
4.9.6 The HOIST Supervisor, and other HOIST members that are responding, will start to the scene, providing an estimated time of arrival via Detective Radio.
4.9.7 The first HOIST member that arrives at the scene will assume responsibility of the scene, and direct other on duty personnel as needed.
4.9.8 An on-duty zone supervisor will remain on the scene to provide HOIST and the Homicide unit the support necessary to complete the crime scene investigation. The on-duty zone supervisor will ensure adequate personnel remain at the scene for security and crowd control, until relieved by the HOIST supervisor
4.9.9 A HOIST or Homicide investigator will oversee and direct the Identification Unit Technician in the photographing, gathering, cataloging, and preserving of all evidence. At the discretion of the HOIST supervisor, the Georgia Bureau of Investigations Crime Scene Unit may be contacted to assist in the processing of the scene.
4.9.10 The responding HOIST or Homicide supervisor will ensure that the following is done:
1. OPS instructed the chain of command to initiate the Force Usage Review Assignment (FURA) according to APD.SOP.2020;
2. OPS notified the Bureau of Employee Assistance Services (BEAS);
3. Fulton, DeKalb, or Clayton County District Attorney’s Office has been notified of the incident;
4. Fulton, DeKalb, or Clayton County Medical Examiner’s Office has been notified, if applicable;
5. The Homicide commander has been notified; and
6. The Communications Section has notified the Command Staff.
4.9.11 The originating zone or unit will complete all incident reports, arrest tickets, and arrest reports for unrelated charges utilizing the same incident number of the police shooting if they are not using an original incident number. The originating zone or unit will submit their reports to Central Records and provide HOIST with copies of all related documents.
4.9.12 The HOIST investigator will manage his/her investigation in accordance with Section 4.3 of this Directive.
4.9.13 When the HOIST file is closed, or when the file becomes inactive because all leads and investigative options have been exhausted, the master file will be completed as specified in Section 4.3.7 of this Directive.
4.9.14 When a file is completed, the lead Investigator will submit it to the HOIST supervisor for review and approval. If approved, the HOIST supervisor will sign a Homicide File Review Coversheet and attach it to the file. The file will then be submitted to the Unit commander, the Major Crimes commander, and the Division commander for their approval and signature. When the file has been approved by the chain of command and returned, all of the pages in the file will be serialized. The Review Coversheet will remain in the master file.
4.9.15 Three copies of the complete file will be made. A Police Shooting/Death in Custody Distribution form will be filled out. A copy of the file will be distributed to the Office of Professional Standards, the Fulton/DeKalb /Clayton County District Attorney’s Office, and the City Attorney’s Office. A representative from each of these offices will sign and date the Distribution Form. The Distribution form will remain in the master file. The master file will be housed in Homicide’s master file room until transferred to the Central Records Unit.
5.1 Adult Missing Person: Any person who is seventeen years of age or older, who is absent from or fails to reach his or her home, school, job, place of recreation, or some other location within a reasonable length of time, without a known or apparent reason; or any patient of a hospital, clinic, nursing home, or mental institution who leaves without the permission or knowledge of those in charge.
5.2 Cold Case: An open homicide case that is more than three years old from the date of the homicide that is inactive because all investigative leads have been exhausted. (CALEA 5th ed. standard 42.2.9a)
5.3 Homicide’s Officer Involved Shooting Team (HOIST): HOIST will consist of a Homicide supervisor and Homicide investigators who are specially trained in investigating officer-involved shooting, and death of a suspect in custody cases.
5.4 Mattie’s Call: An alert bulletin implemented by the Atlanta Police Department when a missing persons case involving an adult person with Alzheimer’s, dementia, or other mentally disabling conditions is reported, and the missing person meets the established criteria.
APD.SOP.5040 “Homicide Unit” issued July 1, 2007
APD.SOP.1060 “Public Affairs” APD.SOP.3081“Crime Scene Investigations” APD.SOP.3086 “Project Lifesaver Atlanta” APD.SOP.5010 “Criminal Investigations Division” Atlanta Code Section 98-3. “Mattie’s Call” CALEA 5th Edition Standard 42.2.9 Form APD-308 Summary of Investigation Form APD-374 “Mattie’s Call” Information Sheet Form APD-375 Firearm Chamber/Cylinder Diagram Form APD-376 Firearm Magazine/Clip Diagram Form APD-377 Body Diagram Form APD-380 Homicide Unit Supervisor’s Review Checklist Form APD-381 Homicide File Audit Checklist |