LE Practices- MFP Digest Part 3- Investigative Suggestions

Question 1

Frequuent Question

What are the three categories of diplomatic immunity?

Answer 1

• Personal Protection (free from arrest and detention, house, papers, etc free from search)
• Protection From Criminal Prosecution (can’t be prosecuted for violations of the law)
• Protection from Civil Prosecution (free from civil or administrative prosecution)

• Exceptions to civil immunity are not listed as civil matters are outside police jurisdiction.
• The diplomatic immunity of these individuals does not preclude them from being the subject of an investigation

Question 2

What should officers do regarding individuals with diplomatic immunity?

Answer 2

Do not arrest or incarcerate them. You may only detain them to verify their diplomatic status.

• Unlawful imprisonment of a foreign official could lead to serious Federal crime charges against you the officer (Title 18 USC Section 112).
• When unable to verify diplomat status you may phone the appropriate governmental authorities for verification and assistance

Question 3

Frequent Question

What initial steps should be taken by a Desk Officer upon receiving a bomb threat call?

Answer 3

• Obtain as much information as possible
• Send an officer to the scene
• If the threat or complaint concerns a business establishment or a public place, immediately notify an official of the establishment, inform him of the threat and that an officer is en route to the scene
• Notify the nearest FBI office, record name of notified agent and time called

Question 4

Frequent Question

What initial steps should be taken by a Investigating Officer upon arrival at a bomb threat call?

Answer 4

• Upon arrival, interview the person in charge of the establishment and recommend immediate evacuation
• If an evacuation is to be made assist however possible
• Reccomend that a thorough search of the premises be conducted
• If you have need to communicate with the station, use a phone and not the radio to avoid the possible detonation of a bomb
• Consider the use of Bio-Sensor dogs for the search
• Turn off all air conditioning and heating units when searching (This will enable the search team to detect any audible timing device)
• If an actual or suspected explosive device is located, secure the scene and request the assistance of Hazardous Devices experts
• TAKE NO FURTHER ACTION CONCERNING THE DEVICE. Await the arrival of the experts.
• Do not terminate the search upon locating an explosive device, there may be more than one device at the scene

Note:
* The final decision whether or not to evacuate as well as whether or not to allow officers to conduct a serarch rests with the person in charge of the establishment
* Insure that the search team has mirrors and screwdrivers for use in looking under furnishings and inside enclosed fixtures.
* Caution the searchers that they should not touch or move any unusual objects they locate while conducting this search.

Question 5

What should officers do regarding statements in bribery related cases?

Answer 5

Officers should take signed statements in all bribery related cases. These statements should set forth the details of the
crime, including the exact words used during the transaction.

Question 6

Frequent Question

What steps should be taken when a complaint is received of attempted bribery before the bribery has been completed?

Answer 6

• A planned payoff arranged under police surveillance should be considered
• Electronic technical surveillance should be considered regarding phone conversations, either under court order or with the written consent of one of the parties to the conversation or telephone calls.
• Confer with the district attorney regarding the obtaining of the appropriate search warrant(s) or subpoena(s).

Question 7

What actions should be taken when payments relating to bribery are made in cash?

Answer 7

• When payment is made by cash, supporting evidence indicating withdrawals or deposits should be obtained from banking records.
• Search warrants may be necessary to obtain company records, when the target of the investigation has a position of
  authority in that company.

Question 8

Frequent Question

What is required to establish proof in trespass cases?

Answer 8

Proof that the defendant or suspect knowingly entered or remained.

Question 9

What should a complainant be instructed to do when reporting a completed burglary?

Answer 9

Do not clean up the premises or disturb the scene.

This helps preserve evidence for the investigation.

Question 10

Frequent Question

What should officers obtain from the complainant when investigating a burglary?

Answer 10

• Upon arrival, interview the complainant to determine how the building was entered and if anything is missing.
• Conduct a crime scene search for physical evidence. (See Part2, Article 12 - PHYSICAL EVIDENCE PROCEDURES,
  for specific instructions on collecting and preserving evidence.)

Have the complainant check the area to see if the suspect(s) left anything at the scene.

Question 11

What steps should be taken by officers regarding locating items stolen during a burglary

Answer 11

• Obtain a complete list of the missing items and their description. Include serial numbers and identifying marks in the descriptions
• A complete neighborhood check must be conducted.
• When appropriate, interview pawn shop operators, coin dealers, antique dealers, garage owners, and junk dealers.
• Area police departments must be advised and the appropriate terminal message(s) sent.

Question 12

Frequent Question

What is the procedure for investigating crimes involving children or vulnerable persons?

Answer 12

• Obtain a complete history of the victim and his/her family, or, in the case of a vulnerable elderly person, of his/her health or personal care provider.
• When time permits, obtain a certified copy of the child’s birth certificate as proof of age. Other acceptable means of proving a child’s age are:
  1. A copy of a church baptismal record;
  2. An entry from a family bible;
  3. The opinion of a physician after a physical examination of the child
  4. Personal inspection of a child by a court and jury.
• Interviews with a child victim, or with a vulnerable elderly person, must be handled tactfully. Consideration should be given to having parents or representatives of social service agencies present at such interviews.
• When investigating any crimes in which the testimony of a child or child victim is necessary, evidence that will
  corroborate the testimony of the child may be required. (CPL Section 60.20)
• When child abuse or maltreatment is suspected, immediately report it to the NYS Child Abuse and Maltreatment Register

Question 13

Frequent Question

What is the procedure for investigating instances of Criminal Mischief?

Answer 13

• Interview the complainant in detail, and attempt to obtain the names of any suspects and the reason why the acts were committed.
• Determine how the damage was caused.
• Determine the monetary value of the damage.
• Take photographs when appropriate.
• Collect and submit evidence for laboratory examination as appropriate. See Part 2, Article 12 – PHYSICAL EVIDENCE PROCEDURES.
• Conduct neighborhood interviews, and check with local sources of information.

Question 14

Frequent Question

What is the procedure regarding death notifications not involving a military member on official leave or on duty (Ordinary civilians or retired veterans)?

Answer 14

• Get the next of kin’s full attention.
• Be as tactful and diplomatic as possible.
• Give the information a little at a time. Let the recipient set the pace for the delivery of the information.
• Express sincere sympathy and the desire to assist.

Unable to notify promptly
Departments should establish policy regarding the release of the name(s) of the deceased to the news media when the next of kin cannot be immediately notified.
* Generally, if the next of kin cannot be notified within two hours, the deceased’sidentity may be disclosed to the news media.
* Explain the situation to the news representatives and request their cooperation in not releasing the information.
* They then bear the responsibility for printing or announcing the information.

Question 15

Frequent Question

What is the procedure regarding military death notifications

Answer 15

• If the serviceman’s death is the result of an accident investigated by your department and occurred while he was on official leave, make the notification to the next of kin.
• If the serviceman’s death occurred while on duty, the military authorities, after being notified, are responsible for the following:
  1. Identification of the deceased;
  2. Notification of the next of kin;
  3. Notification of other military officials; and
  4. Arrangements for disposition of the body.

Question 16

Frequent Question

What is the proper procedure in situations involving escape or absconding?

Answer 16

• Check prison records for the pertinent period
• Obtain photographs and physical description
• Obtain names and addresses of acquaintances and family, past residences
• Determine the crime for which the suspect was imprisoned and whether or not he is considered dangerous or armed.

Question 17

Frequent Questions

What is the procedure regarding locating of wanted persons (fugitives)

Answer 17

• Executive Law requires that all police agencies enter information concerning the commission of a felony into eJusticeNY.
• If the felony is committed with DPF or with a DW and the perp has not been apprehended, the information shall be dispatched within 30 mins from complaint being received.
• In any other felony case where perp has not been apprehended, info should be entered into eJusticeNY within 5 hours
• When you are involved in a felony investigation and there is reason to believe that the perpetrator has left the state,
  confer with the district attorney and ascertain if extradition will be carried out.

(Executive law Section 221)

Question 18

Frequent Question

What initial procedures for an Investigating Officer regarding an emergency or accident involving hazardous materials?

Answer 18

Initial Procedure:
* When an emergency or accident involves a commercial vehicle (aircraft, rail car or truck), be aware that it may be
carrying some hazardous material.
* Do not attempt to rescue injured persons until you are fully aware of the hazards involved.
* Look for the placards or labels that warn of the nature of the cargo.
1. DOT Hazmat Emergency Guidebook outlines hazardous materials and 4 digit ID #s
2. Once ID # is located check guidelines in guidebook
* If placards are absent and hazardous materials are suspected to be present, attempt to determine exactly what
materials are involved. Without endangering yourself, you should:
1. Ask the driver to identify the exact name of the hazardous material; or
2. Attempt to locate the shipping papers (bill of lading, train waybill, or airbill) or an MCA Chem-Card(R). Shipping papers will name of the hazardous material, classification, and 4 digit ID # preceded by either UN or NA.

When Materials are Identified:
Investigating Officer:
* When you know the ID # or exact name of the hazardous material being transported:
Refer to DOT Hazardous Materials Guidebook and follow its suggestions concerning emergency actions to be taken, including first aid.

Desk Officer:
* If the emergency involves spillage of oil or toxic materials, report the incident by phone to the State Department of
Environmental Conservation.
* If there has been any large spillage of oil or toxic material into a lake or large river, report this by phone to the U. S. Coast Guard

• U. S. DOT publishes a book titled: Hazardous Materials Emergency Response Guidebook. This book lists hazardous materials by name and also by the four-digit identification number used on placards and shipping papers.

Usual locations of shipping papers:
1. Truck - Driver’s compartment within easy reach of the driver.
2. Train - Usually located in the caboose
3. Aircraft - Located in the cockpit.

Question 19

Frequent Questions

What is the most important consideration in any hostage situation?

Answer 19

The safety of police and hostage(s)

• Experience demonstrates that the most desirable approach to such
  a situation is through the use of trained hostage negotiators.
• Reckless and imprudent action must be eliminated all police agencies should have a definite action plan that can be quickly implemented

Question 20

Frequent Questions

What actions should be taken when a hostage negotiation team is needed but your agency does not have one?

Answer 20

• If your agency does not have a trained hostage negotiation team, the plan should include a means for promptly obtaining the services of another police agency’s team.
• Several police agencies throughout New York State have hostage negotiation teams.
• The State Police maintains a hostage negotiation team in each of its Troops.
• These negotiations are critical to a hostage situation because they can produce the most important element for that situation - time.

• Time is a tool used to de-escalate these tense situations.
• The more time that is gained through negotiations, the more likely it is that the situation will be concluded without violence.

Question 21

What should be done upon receipt of a hostage or barricaded person complaint?

Answer 21

Desk Officer:
On receipt of a hostage or barricaded person complaint:
* Send a patrol to the scene to verify that the situation involves a hostage or barricaded person

Supervising Officer:
* When you have been advised of a verified hostage or barricaded person situation, go to the scene
* When the Hostage Negotiation Team arrives, place them in charge of the negotiation operation
* Instruct officers that upon being relieved they must report to the superior officer for debriefing

Question 22

Frequent Question

What should investigators consider regarding individuals charged with Bail Jumping?

Answer 22

• Familiarize yourself with the investigation that had been conducted when the defendant was first arrested.
• The information may assist you in locating the defendant.

Question 23

Frequent Question

What is the procedure regarding Obscenity and Related Offenses

Answer 23

• Confer with the district attorney regarding all obscenity offenses.
  1. Under the guidelines established by the United States Supreme Court, officers cannot lawfully make the determination that something is obscene and therefore should not take immediate enforcement action.
• Have a judge or the district attorney view the items or obscene acts prior to making an arrest.
  1. A search warrant cannot be obtained unless the application describes the specific items to be seized.

Question 24

Frequent Question

What should be done upon receipt of a robbery complaint?

Answer 24

Upon receipt of a robbery complaint:
* Determine if the robbery is in progress or completed.
* Determine if there is a need for medical attention.
* Determine if the suspect is armed, and the kind of weapon(s) used.
* Obtain a description of any vehicle used and the direction of travel from the scene.
* Determine the number of suspects involved, and attempt to ascertain their descriptions.
* Advise the complainant not to disturb the scene.
* Immediately dispatch officers to the scene and broadcast available details to all units and other appropriate police agencies

Question 25

What is the responsibility of the first officer on scene to a complaint of a robbery?

Answer 25

**The first officer at the scene should:** * Verify the robbery * Determine if anyone is injured and provide necessary first aid * Advise headquarters of any pertinent details, including requests for medical assistance and any descriptive data available regarding suspects * Isolate and secure the crime scene.

Question 26

# Frequent Question What is the procedure regarding victims, witnesses and documentation of the scene of a robbery?

Answer 26

* **The victim(s) should be promptly separated and interviewed independently to obtain**: 1. A full description of the suspect(s); 2. A description of any weapon used; and 3. Details of the modus operandi. * All witnesses should be promptly separated and interviewed independently. If applicable, the neighborhood should be canvassed to locate additional witnesses or persons who may be able to supply pertinent information. * **Attempt to establish the suspect's route of travel from the scene**. 1. Conduct an inquiry along the indicated route, interviewing persons who may have observed the suspect(s) leaving the scene. * Interview the victim and all eyewitnesses to determine if the suspect(s) had any distinctive or specific accent or mannerisms * Photograph and search the entire crime scene. [See Part 2, Article 12 - PHYSICAL EVIDENCE PROCEDURES] **Other investigative aids to consider using are:** * Photographs, Identi-Kit(c) composites, and artist's drawings of the suspect(s); * Hypnosis * Tracking dogs **Note:** If the robbery involves a commercial establishment or business of any kind, specific inquiry should be made to identify former and/or disgruntled employees, and any recent rejected job applicants who could be considered suspects

Question 27

# Frequent Question What should be the goal of police departments' response procedure to bank alarms?

Answer 27

* When responding to bank alarms, police departments should have a response procedure that will **minimize the danger to bank employees, customers, bystanders and police officers.** * The department, after meeting with officials of all banks in the patrol area, should formulate a plan that is tailored to its needs and resources. * After the plan is formulated, meetings should be held with all bank employees to instruct them regarding the proper proceduresto follow. ## Footnote \

Question 28

# Frequent Question What is the proper procedure regarding response to bank alarms?

Answer 28

* After receiving an alarm of a bank robbery, the dispatcher should assign the appropriate patrol(s) to respond. 1. **The responding patrol(s) should discontinue using siren and red lights before arriving in the vicinity of the bank** 2. **If possible, establish an outer perimeter of uniformed officers, and direct plainclothes officers to cautiously approach the bank** 3. **This perimeter should be located so that it cannot be readily observed from within the bank.** 4. **This will allow the perpetrator(s) an opportunity to leave the bank, thus reducing the possibility of a hostage situation.** * Officers should not enter the bank until they are certain the alarm is false, or the perpetrator has left the bank. * A visible "all clear" signal should be used to notify the responding officers that it is safe to enter the bank. * At the same time the "all clear" signal is displayed, a bank official should telephone the police department(s) that received the alarm, to confirm that a robbery has or has not occurred. * If a telephone call is not received from the bank immediately after receiving the alarm, the dispatcher should call the bank. The situation at the bank should be determined through the use of coded messages. * If the phone conversation with the bank official leads the dispatcher to believe a robbery is taking place, additional patrols should be dispatched to further secure the area. * A supervisor should be notified and dispatched to the scene. ## Footnote The "all clear" signal could simply be the display of a large (8 1/2 inch by 11 inch) colored cardboard panel by bank officials, readily visible from outside the bank.

Question 29

# Frequent Question How should unattended deaths be treated initially?

Answer 29

As homicides until proof to the contrary is established. | **** ## Footnote Unattended deaths are deaths involving individuals not presently under a doctor's care

Question 30

# Frequent Question What is the responsibility of the first officer on scene at a homicide investigation

Answer 30

**The first officer at any possible homicide scene should immediately:** * Record the date, time, location, and weather conditions. * When the victim is alive, call for medical assistance and render first aid and attempt to take a dying declaration (See the Miscellaneous section of this Article regarding dying declarations) * **Exclude all persons from the scene, including police officers, who do not have an official function to perform.** * Protect the crime scene evidence. See Part 2, Article 12- Physical evidence procedures, Section titled: Collecting evidence at the specific offense scene, Homicide and Suspicious Death. * Locate, identify and isolate any witnesses at the scene. ## Footnote If another officer arrives who will assume responsibility for the investigation at the scene, he should be advised of all aspects of the investigation up to that point.

Question 31

# Frequent Question What is the procedure once it is established that a death is a possible homicide?

Answer 31

* Coroner or Medical Examiner and District Attorney should be immediately advised. * **Immediately upon their arrival, identification personnel should organize and supervise the photographing and sketching of the scene, the search for and collection of latent fingerprints and other physical evidence**. See Part 2, Article 12 – Physical evidence procedures. * As soon as possible, conduct complete and thorough neighborhood interviews. * Interview and take statements from the persons reporting the crime, witnesses and suspects. * The victim’s family, relatives, business associates, friends, and acquaintances should be interviewed in detail. They may be able to furnish you with information regarding a motive for the homicide. * **Although it is not necessary to establish a motive in order to obtain a conviction, establishing a motive may assist you in determining suspects**. **Some of the possible motives in homicide cases are**: * Profit * Revenge * Jealousy * To conceal a crime * The commission of a crime * To avoid humiliation or disgrace * Homicidal mania

Question 32

# Frequent Question What is important to note regarding dying declarations?

Answer 32

* **A dying declaration is admissible in evidence after the death of the declarer, contrary to the usual rules of evidence.** * A dying declaration is a **statement made by the victim** of a homicide: 1. **When his death is imminent, and** 2. **The declarer has abandoned all hope of recovery** 3. **If the victim has any hope of recovery the declaration is not admissible evidence.** ## Footnote **Admissable:** * "This is it, i'm gonna die and its all John Doe's fault he stabbed me" Victim then dies **Inadmissable:** * "This is nothing im gonna pull through and im gonna kill John Doe for stabbing me" Victim then dies Second statement is inadmissable because they hadn't "abandoned all hope" aka believed they were truly going to die so in the eyes of the court the statement holds less weight