LE Practices- MFP Digest Part 2- Selected Investigative Procedures

Question 1

Frequent Question

What is the primary purpose of an investigation?

Answer 1

To gather information

Gathering information is essential for reconstructing events, even if not all information is admissible as evidence in court.

Question 2

Frequent Question

What are the two main sources of information in an investigation?

Answer 2

Persons and things
* Information from things typically has higher evidentiary value in court than information from persons.

Physical evidence is best it can not lie

Question 3

What should you develop to be effective in investigations?

Answer 3

Listening skills

Attentively listening to victims and witnesses is crucial for gathering accurate information.

Question 4

Frequent Question

What is crucial for effective note-taking during an investigation?

Answer 4

Truth and accuracy
Notes should be taken as soon as possible

Can be taken during an interview unless it causes a distraction to the person interviewed

Question 5

Frequent Question

What are the two parts of the investigative process?

Answer 5

Preliminary investigation and continuing investigation

These two parts may sometimes merge into one continuous process.

Question 6

Frequent Question

What are the steps taken when called to go to a crime scene?

Answer 6

1. Proceed promptly and safely to the scene (delay causes greater possibility for destruction or contamination of physical evidence)
2. En route mentally review potential problems of such an event
3. As you enter the scene survey the area and avoid contaminating evidence
4. Assist the injured (not common to think this would be after survey the scene dont fall into this trap!!)
5. Determine whether there is probable cause an offense was committed
6. Make notes of everything
7. …..
8. …..
9. Identify isolate and interview victims and complainant
10. Identify, isolate, and interview any witnesses if several are present do not spend too much time on any one
11. Identify, isolate, and arrest any suspects
12. …..
13. …..

Less Tested
* 7) Arrange to obtain all necessary evidence
* 8) Isolate and preserve crime scene (use markers as necessary, determine if search warrant is needed, collect evidence)
* 12) If another officer is continuing the investigation brief them
* 13) Submit any reports

Question 7

Frequent Question

What should you do if a suspect is apprehended during the preliminary investigation?

Answer 7

• Direct efforts to recovering stolen property if any
• Investigate if any other offenses have been committed
• Prepare for trial

Question 8

Frequent Question

What should you do if a suspect is NOT apprehended during the preliminary investigation?

Answer 8

• Develop new information that can help ID offenders
• Develop and recover any evidence that can be used in court

This focuses the continuing investigation on actionable leads.

Question 9

Frequent Question

What are the the important investigative tasks?

Answer 9

1. …..
2. Develop a theory as to why the offense occured and how that may direct your actions
3. …..
4. Continue your search for new information through witnesses (re interview old ones and seek new ones)
5. ……
6. …..
7. If appropriate consider surveillance
8. …..
9. …..
10. …..

Less Tested
* 1) Seek answers to who? what? when? where? why? etc.
* 5) If evidence was submitted to the lab assess the value of the findings
* 6) If offense is a misdemeanor or felony and offender is identified send a wanted person message or added info to the original message sent earlier
* 8) Attempt to locate and arrest offenders
* 9) Submit any required reports
* 10) When offender is arrested confer with prosecutor and prep for trial

Question 10

What is the purpose of pre-trial identification procedures?

Answer 10

To allow a witness to identify a suspect

This is critical when the identity of the offender is in question.

Question 11

What is the photographic identification procedure?

Answer 11

• Display should consist of 1 photo of the suspect and 8-10 non suspects (Minimum 9 photos total)
• All photos should be similar in size with no dates or information on them
• All photos should have similar phisical characteristics
• Multiple suspects should each have their own array
• More than one witness, shcedule independent viewings
• Should not be used if subject is known to victim or witness

Start of viewing:
Pre viewing inform witness:
* Take their time
* Offender may not be in the display
* Leave photos face up
* Suspect may look slightly different than they remember
Randomly place photo of suspect in stack but not at top or bottom

During viewing:
* Avoid giving information regarding persons in photos
* Avoid suggesting one is the suspect
* Make detailed notes of procedures and comments by witness
* If positively identified secure all photos as evidence
* Ask the witness to sign and date each photo used

Minimum number of photos (9) is a common question

Question 12

What is the line-up identification procedure?

Answer 12

Preparation for line-up:
* Line-up should consist of the suspect and at least 5 non suspects (Minimum 6 persons total)
* All individuals should have similar phisical characteristics (when possible allow suspect attorney to be present)
* All persons should be similarly clothed
* Separate suspects should have separate line-ups
* Inform suspect or defendant line-up will take place to see if witness can identify them
* Inform non suspects of reason for line-up

Regarding counsel:
* Pre arraignment lineups are investigatory therefore no absolute right to counsel (if counsel is retained and told to be contacted they must be notified and given adequate time to arrive)
* Suspect attorneys should beallowed to view line-up if present
* Requests for attorney presence may be denied but defendant can not be questioned further without their presence
* If counsel has been notified and does not show you may proceed
* Make note of exigent circumstances for which counsel was not notified

Start of line-up
* Before viewing inform witnesses: take their time, suspect may not be present, can request subjects to speak or perform movements, avoid speaking to other witnesses until after viewing
* Conceal identity of suspect from participants when possible
* Inform subjects to not look at eachother
* Inform subjects they may be required to perform certain actions
* Inform subject they may pick their position for each witness

During line-up
* Prevent witnesses from viewing subjects before or after
* Keep witnesses separated
* Aviod telling a witness whether or not another witness identified a participant
* Avoid directing questions to a particular participant
* If you are going to have the subject perform certain actions have all participants do so
* Make notes of procedures, participants, and persons present
* Photograph the line-up to show fairness

Minimum 6 persons and Photograph the lineupto show fairness are common questions

Question 13

What is the procedure for an artist rendering?

Answer 13

• Artist renderings used when witness has good recollection but suspect is unknown
• IDs are NOT made off of composites
• Superior to identi-kit composites because renderings can be tailored by artist
• Once subject is identified witness can be shown line up or photo array

IDs not being made off composites is common question

Question 14

What is the procedure for one on one identifications?

Answer 14

• Should be done close in time and proximity to the offense location
• If possible display suspect without restraining them
• Inform witness this may not be the rperson who committed the offense
• If suspect not in custody witness can be taken to a location where the suspect can be viewed among other individuals such as a restaurant

Close in time and proximity is common question

Question 15

Which identification procedure is the least desirable?

Answer 15

One on one confrontations

Question 16

What types of surveillance are there?

Answer 16

• Electronic surveillance (wiretapping, mechanical overhearing of a conversation
• Visual surveillance (stakeout, on foot, in vehicle etc)

Question 17

Frequent Question

What are important considerations before initiating a visual surveillance?

Answer 17

• If another agency is conducting surveillance
• Expected results vs. expenses
• Types of surveillance needed
• Availability of premises for stakeout
• Organizing of a team and selection of officers (seldom will a single officer be effective)

Number of officers needed depends on:
1. The kind of surveillance
2. The caracter of the surveillance area
3. The urgency of the investigation

• Team should wear same style of clothing as persons in the area (typically only disguise needed)

Lesser Considerations:
* When possible plan in advance
* Establish command post and communications
* Thuroughly inform officers of duties including: objective, identity of subjects including background, locations, manerisims and associates, anticipated difficulties, means of communication, how and when to report to the command post, keep surveillance log with pertinent notes at command post
* Supply team with clothing and equipment needed
* Familiarize team with area and dress of local persons
* Keep notes of your activities
* If subject becomes suspicious act natural and have another team member assume your position

Question 18

Frequent Question

What is a raid?

Answer 18

A planned, sudden invasion of a place by police officers.

Question 19

Frequent Question

What is the purpose of a raid technique?

Answer 19

• Quick arrest of wanted persons
• Collect physical evidence
• Seize contraband or recover stolen property

Question 20

Frequent Question

When should a raid be considered?

Answer 20

• When a wanted person is dangerous
• When multiple persons are engaged in illegal acts
• When physical evidence can be quickly moved or destroyed

Decision to conduct a raid often stems from an investigation, use of surveillance or undercover operations and sometimes is the only way to bring this type of investigation to its conclusion

Gambling operations usually well suited for raids

Question 21

What are critical activities for the officer-in-charge during a raid preparation?

Answer 21

• Preparation-
  1. Insure that an adequate investigation is conducted and that you have sufficient information positive identification of the wanted person, correct address and so on.
  2. Obtain information about escape routes from officers working surveillances or from discreet interviews with delivery persons or others who regularly visit the area or building.
• Timing- Determine the most opportune time to make the raid.
• Forming the Detail- Determine the number of officers needed. The number of officers needed depends
  on the number of persons to be arrested, the offenses they are committing, the kind of buildings to beraided and the number of exits or other escape routes that need to be covered.
• Warrants- When necessary, obtain arrest warrants and search warrants.
• Weapons- Determine what weapons are to be carried by detail members.
• Vehicles- Determine the number and kind of vehicles needed. You will need vehicles to transport
  officers to and from the scene and to transport prisoners and evidence.
• Special Equipment- Determine what special equipment will be needed and arrange for it to be supplied.
• Assembly Point- Designate an assembly point where the detail may be safely formed.

Top considerations are:
* Insure adequate investigation with positive ID
* Identify escape routes
* Obtain warrants if necessary

Question 22

What are critical attributes of an operational plan for a raid?

Answer 22

• Create a plan for the raid-
  1. Keep the plan simple and practical. Success is founded in skillful planning and speedy executionof the plan.
  2. When necessary, divide the detail into two groups: a cover group and a raid group.
• Before the raid, meet with all detail members.
  1. Inform them of the identities and descriptions of the persons who are to be arrested and furnish them with any available photographs of those persons.
  2. Inform them of all the particulars of the offenses for which the subjects are sought.
  3. If possible, display photographs or diagrams of the place to be raided.
  4. Describe the entire plan.
  5. Establish a chain-of-command and delegate authority to members as appropriate.
  6. Give specific assignments to each detail member. Be certain each member understands his assignment. In giving assignments, consider what needs to be done during and after the raid.
  7. Assign specific officers to: Search prisoners and detain them at the raided premises, Search the premises for weapons and physical evidence, Take photographs as required, and Transport the prisoners and the evidence.
  8. Order officers not to leave their posts until they are relieved by you or another designated officer.
  9. Establish adequate communications between everyone assigned to the detail.
• Be concerned about the safety of detail members, the public and the rights of the prisoners.
• Maintain communications with the assigned leaders of the groups so that you are aware of all their
• activities.
• Deploy the cover group to block escape routes in advance of the invasion by the raid group.
• With the raid group, advance on the premises, arrest, disarm and restrain prisoners, search for and collect physical evidence.
• At the conclusion of the operation:
  1. Inform all detail members that the operation is concluded; and
  2. Arrange for members to be transported to the assembly point for dismissal.
  3. Submit necessary reports and account for all special equipment.
  As soon as possible thereafter, critique the raid with as many detail members as can be assembled.

Top considerations are:
* Meeting with members items 1-7
* Debriefing and critiquing is very last step with as many members as possible

Question 23

What is the difference between the focus of an Interview and an Interrogation?

Answer 23

• The focus of an interview- is to get information by questioning a person about knowledge of an event or its circumstances and if appropriate, to get that knowledge documented in a Supporting Deposition or in a written statement. (Non Suspect)
• The focus of an interrogation- is to obtain information by questioning a suspect or defendant about his participation in an offense, to seek his oral admission of the act or omission and if possible, to get those admissions documented in a written statement or confession. (Suspect)

Examiners have begun using the phyase “Custodial Interview” despite the word interview if they are in custody it is an interrogation

Question 24

When should questioning be conducted?

Answer 24

As soon as reasonably possible after the event.

Interrogation of suspects should take place after witnesses and victims are interviewed to have all the facts

Question 25

What setting should questioning take place in?

Answer 25

* Crime scene can be needed for initial information but can be chaotic and necessate later interviews * A location that offers the individual the best element of privacy can be beneficial to the interview * When at the station use a room that affords privact and a designated youth room for individuals under 18 ## Footnote Note: * Physical barriers between you and an individual may hamper communication * Recording of interviews can be advantageous

Question 26

What is one of the most important preparation steps before an interview or interrogation?

Answer 26

* **Review all information available** * This will allow you to make a list of important points to cover and quickly evaluate information you recieve giving you an advantagee

Question 27

What is the Miranda rule?

Answer 27

A person must be informed of his rights when under arrest or suspected of an offense.

Question 28

What rights must be communicated to a suspect?

Answer 28

* Right to remain silent * Right to talk to a lawyer * Right to have a lawyer present during questioning

Question 29

What is essential for a suspect's waiver of rights?

Answer 29

It must be done knowingly, voluntarily, and explicitly.

Question 30

What should you do if you make an arrest without a warrant and at any time the suspect indicates he does not want to speak with you or that they want to talk to/ have a lawyer present?

Answer 30

* Stop the interrogation * File an accusatory instrument with the local criminal court * Arraign him without unecessary delay

Question 31

Can you interrogate a suspect in an arrest pursuant to a warrant circumstance?

Answer 31

Not without their lawyer present because an accusatory instrument has been filed

Question 32

What should take place during the introduction phase of an interview?

Answer 32

* Make your greeting cordial and sincere. * Identify yourself by name, rank or position title and organization and show your credentials. * Put the person at ease by introducing a topic of conversation that both of you can discuss without strain or awkwardness. * Attempt to create an atmosphere that will establish a good rapport by: 1. Controlling your personal feelings. 2. Not visibly reacting to what the person may say. 3. Displaying sincere interest in the person. 4. Maintaining good eye contact. * Avoid the pitfall of being overly familiar. * When the person is at ease and you have established a good rapport, direct the conversation to the desired topic. * Avoid the use of legal sounding language – terms that may put the person on-guard or cause him to become fearful. Some of the **terms that should be avoided** are: admission, confession; criminal; perpetrator; prosecution; statement; subject; suspect, victim and witness. ## Footnote Top considerations are: * Put the person at ease by introducing light topics * Create an atmosphere to establish rapport by: 1. Controlling your personal feelings. 2. Not visibly reacting to what the person may say. 3. Displaying sincere interest in the person. 4. Maintaining good eye contact. * Avoid the pitfall of becoming overly familiar Do not bring up items that can cause controversy: politics etc.

Question 33

What should take place during the body phase of an interview?

Answer 33

* The person should be allowed to give a complete account of his story without interruption. * Take notes **to the extent that it will not hamper the interview.** * If necessary, ask open-end questions to get full explanations and to keep him talking. Avoid asking yes/no questions, leading, suggestive and rapid-fire questions. * As you listen, carefully evaluate the person and the information he is giving. Be alert to what is said and what is not said. 1. Everyone is affected by numerous emotional and physical factors that color and make questionable the validity of the information they offer. Emotions may cause a person to give prejudicial information, to lie or to conveniently forget. 2. Lighting, distance, color blindness or other physical limitations may result in the inaccurate interpretation of events observed. 3. Recognize personal motives, individual differences and limitations. Perceive the person’s feelings and individual reactions, then quickly try to deal with them. * Once the person has finished his story, consider asking additional direct questions to help clarify matters mentioned earlier.

Question 34

What should take place during the closing phase of an interview?

Answer 34

* An abruptly terminated interview or interrogation may cause the loss of valuable information. * If needed, summarize what has been covered and ask the person whether there is anything he wants to add or emphasize. * Take notes as necessary. * Be certain you have covered all the points you had lanned to cover. 1. Testimony of an admission or confession coupled with a signed, written statement that contains the admission or confession is usually more acceptable to a court and jury than is the testimony alone. * If the person has offered valuable information or if the suspect or defendant has made admissions or a confession of guilt, try to get a written statement that documents that information, admission or confession. * Close the interview or interrogation in a cordial manner. Thank the person for his cooperation. 1. Common courtesies help assure future cooperation.

Question 35

What should be ensured for handwritten statements?

Answer 35

They should be legible and written in pen by the person giving the statement. ## Footnote Handwitten should be done by the person giving the statement

Question 36

# Frequent Question If the statement is to be typewritten, should you be concerned about typographical errors.

Answer 36

No, these errors can be later corrected and initialed by the person giving the statement. ## Footnote Type written should be done by an officer for another person

Question 37

When preparing a statement you should have the original and how many copies?

Answer 37

3 copies on statement paper

Question 38

What should you do if the suspect or defendant has made admissions or a confession of guilt?

Answer 38

Try to get a written statement that documents that information, admission or confession.

Question 39

# Frequent Question What should you do if an individual provides a statement confessing to multiple offenses

Answer 39

Take a statement for each offense unless the matter would be the subject of a single prosecution

Question 40

What type of written statement is preferable?

Answer 40

Typewritten statements are preferable to handwritten.

Question 41

What should be included in the identity of the person giving a statement?

Answer 41

* Name * Place of residence * Date of birth * Marital status * Employment

Question 42

What should you allow the person giving a statement to do?

Answer 42

* Give the details in his own words 1. Statements are more credible when given in words commonly used by the individual 2. Changing their words can be grounds to later claim the statement was signed without understanding the language * Do not try to shorten the statement * Clarify details as necessary * If the person giving the statement is a suspect ensure they establish all elements of the offense in their statement When finished have them carefully read their statement: 1. If all is correct have them sigh with name, date and time 2. If something is incorrect allow them to correct it and initial and any other persons present should do the same 3. If there are multiple pages sign each page bottom left

Question 43

Statements ordinarily do not have to be sworn to but if so required who administers the oath

Answer 43

A Notary Public ## Footnote Oath issued by a town justice or other judge would render the statement inadmissable

Question 44

What should you use when a person is unable to write his name?

Answer 44

* Ask him to make his own mark, then you write in his name 1. Ask a witness to sign their own name and address verifying the mark * If the person does not speak, read, or write english use interpreters when practical use 2 interpreters

Question 45

How should a Question and Answer statement be taken?

Answer 45

* On statement paper enter a heading near the top-right of the first page showing the municipality and state where the statement is being taken. Also enter the date and time the writing of the statement begins. * Introduce everyone present to the person giving the statement. * Use the sample format for a question-and-answer statement set out in Appendix 5-B at the end of this Article.

Question 46

What is the procedure for a narrative statement?

Answer 46

A narrative statement consists of 1 or more paragraphs by which a person, using the first person pronoun I, relates details concerning HIS firsthand knowledge of the incident. 1. A suspect or defendant may narrate details concerning the commission of an offense and relate that he participated in its commission. * Carefully review the facts of an oral confession with the defendant before reducing his statement to writing. 1. If you try to clarify details by asking questions after the writing begins, this could create a need to rewrite the statement. * On statement paper, enter a heading near the top-right of the first page showing the municipality and state where the statement is being taken. Also enter the date and time the writing of the statement begins. * Introduce everyone present to the person giving the statement. * Use the sample format for a narrative statement set out in Appendix 5-C at the end of this Article.

Question 47

What should NOT be released regarding an adult arrestee aged 19 or older?

Answer 47

**DO NOT** * Refer to arrestee as gangster, thug, or any other derogatory term. * Reveal any information regarding the arrestee leading officers to weapons, money or other material evidence. * Reveal any information regarding the arrestee taking any tests or refusing to take any tests, such as a polygraph test, **except you may do so when the arrest is for DWI or DWAI drugs**: 1. You may reveal whether or not the arrestee submitted to any chemical tests or refused to submit to such tests; BUT 2. **Do not release results** of chemical tests, except to the arrestee and his legal counsel. * Release any information about the existence or contents of any confession, admission or statement given by the arrestee or his refusal or failure to make a confession, admission or statement. * Discuss the guilt or innocence of the arrestee. * Release the identity of any prospective witness or comment on his credibility or anticipated testimony. * Release any information that is speculative, such as the possibility of a plea of guilty to the offense charged, a plea to a lesser offense or other disposition. * Release the names of any civilian complainants initiating the charges **WHEN THIS MAY POSE ANY DANGER TO THE COMPLAINANTS.** * Release the name of the victim of a sex crime. * Pose an arrestee for news representatives to film or take pictures of him: 1. Nonetheless, do not hinder the ordinary movement or activity of news Representatives who may be taking pictures when they are in an area where the general public may view the proceedings. * Release photographs unless a useful law enforcement function is served.

Question 48

What should MAY be released regarding an adult arrestee aged 19 or older?

Answer 48

**YOU MAY** * Release the arrestee’s name, address, age, employment, marital status, and similar background information. * Release the substance or text of the charges against the arrestee, such as a Complaint, Indictment, or Information and the identity of the complainant – **WHEN THIS DOES NOT POSE ANY DANGER TO THE COMPLAINANT.** * Identify any other investigating agencies, the number of personnel involved and the length of the investigation. * Reveal the circumstances surrounding the arrest including the time and place, any resistance, pursuit, possession of weapons, use of any weapons and a description of items seized at the time of the arrest. * Release upon request, information to the news media concerning prior criminal charges and convictions. These are matters of public record, however, the news media must realize that such information can be highly prejudicial. Before publishing such information careful consideration of the particular case by the news media is necessary to insure fair treatment of the accused ## Footnote If you have any doubts consult with the investigator or DA

Question 49

What guidelines apply to the release of information on arrestees ages 16 through 18 after an accusatory instrument is filed?

Answer 49

**Unless** the defendant has been **charged with a felony** you may not release: * Name * Address * Photo ## Footnote Prior to filing of an accusatory instrument procedure is the same as an adult for Do and Dont's

Question 50

What can be released regarding arrestees under age 16?

Answer 50

Release **only**: * Arrest was made of a juvenile delinquent * If requested you may release what the charge would be if offense was committed by an adult * Circumstances surrounding the arrest * Age of the person arrested