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HomeMy WebLinkAbout12-14-1999 ICPD Reports/MemosMemorandum To: Chief Winkelhake CC: Capt. Widmer From: K.Hurd Date: 11/09/99 Re: CALEA update We comply with 203 of the 439 standards. Them am 65 that do not apply. We currently have 17 standards under review and 42 under development. The review of the existing Rules and Regulations manual is continuing to insure compliance with applicable standards and/or that they are reflective of current practices. In addition, the R/R may be used to show compliance some of the standards. The SRT manual was issued in Oct. Any questions or concerns, let me know. k.hurd #81 ICPD ICPD TRAINING ~ DATE: DEC. I, 1999 ~i(', -- r-'- TO: CHIEF WINKELHAKE -:< r-~ [~-1 FROM: K.HURD :--~ 2_~ : '~ REF: NOVEMBER TRAINING REPORT -> "~ .cc. IAI Conference (11/4-5/99) Marshalltown Officers' Cox and Prestegard attended the annual 2-day conference on identification techniques and procedures. Both officers are currently assigned Crime Scene Duties. Dignitary Protection (11/4/99) ILEA Sgt. Campbell and Officer Miller attended an 8-hour school on dignitary protection. As members of SRT they are responsible for working with the protection detail of various political candidates. Field Training Officer Training ( 11/08-12/99) MTTU IV Officers' Shaffer, Hoefl and Steva attended a one-week training class on the duties and responsibilities of Field Training Officers. Class included instruction and evaluation techniques for Field Training Officers. Crime Scene School (11/15-23/99) MTTU IV Officers' Humrichouse and Trevino attended a 40 school on the duties and responsibilities of Crime Scene Technicians. Training included techniques in photography and evidence collection techniques. Ordinance Update (I 1/17/99) Des Moines Officer Leik attended the quarterly, state munitions/ordinance update meeting in Des Moines. Training involved updates and new recertification guidelines. Officer Leik is the department's ordinance/hazardous devices technician. OIM/Advantage training (11/10/99) Altoona Officers' Hewlett and Zechariahs attended a two-day training session on the new traffic and OWI Implied Consent computer. Iowa City is one of the Departments using/evaluating the DOT computerized system. FATS Month Long 31 Officers trained with FATS approx. 15 minutes each. SRT Range Training Washington County Range 16 SRT members Monthly SRT weapons training and qualification. Qualification with secondary weapons. SRT Situational Training National Guard Armory 14 SRT Training in crowd control/disturbance techniques. Joint training with Coralville and Johnson County tactical teams. Also training of SRT in rapid deployment techniques. Rapid Deployment Sworn Personnel 30 minute squad meeting training in Rapid Deployment techniques. Training dealt with response to emergency situations in schools or other public buildings. Squad Meeting Training Sworn and non-sworn WT sheets 00-06 vehicle burglaries, 00-07 open container in MV and graduated DL, 00- 25 new evidence/property form, 00-24 Hazardous Materials - right to know. Copy: City Manager PCRB I I Eyewitness Identification Sexual Assault Show-up identification procedures Adapted from National Institute of .Justice publication, Eyewitness Investigations Evidence A Guide for Law Enforcement (part one) With the growing sophistication of DNA testing, there have Patrol Officers' Response been numerous cases where convictions have been By Investigators Protaskey and Fjelstad overturned. The most compelling evidence in a majority of these cases was eyewitness testimony. In order to minimize Patrol Response to Adult Sexual Assault the likelihood of incorrect eyewitness identification the National Institute for Justice has developed guidelines for the Introduction use of eyewitnesses, These guidelines start with the person receiving the call and continue through follow-up This article is the first cfa three-part series pertaining to the patrol function in cases of adult sexual assault (abuse), child investigations and lineups. Many of these procedures may appear to be common sense, yet they are oftentimes sexual abuse, and child abuse. 'Ilte articles will review in overlooked or ignored by officers in an attempt to be minimize outline format, basic expectations of patrol officers the time involved in an investigation. This article will discuss responding to these types of calls. Of course, they should be the basic on-scene procedures officers may wish to consider used as a guide, as all calls are unique in some ways and when dealing with witnesses (this includes the victim) and will specific circumstances may necessitate deviation from this also discuss considerations for "show-up" identification, protocol. Always ask questions if you are unsure. The manner in which the preliminary investigating officer II. Review and keep handy, your turquoise Guidelines for the obtains information from a witness has a direct impact on the investigation of Adult Sexual Abuse booklet that was issued amount and accuracy of that information. When interviewing by the Johnson Co. Sexual Assault Investigation Team in witnesses, the preliminary officers should: 1998. 1) Establish rapport with the witness. 2) Inquire about the witness' condition. Response to call of sexual assault. A. Assure physical safety of the victim and that the 3) Use open-ended questions (e.g., "What can you tell me about the car?"). Avoid leading questions (e.g., "Was assailant is no longer present. the car red?"). B. Determine if assailant is known or get a description and 4) Clarify the information received with the witness, give out to patrol. 5) Document information obtained from the witness, C. Review call with supervisor to determine if an investigator will be called in. including the witness' identify, in a written report. (We, D. Determine, as clearly as possible, the location of the myself included, oftentimes submit the departmental assault(checkjurisdiction). 15. Secure thc scene. continued on page 2 F. Determine if evidence will need to be collected and call CST if so (request that they take photos of any obvious injuries). I n S I D ~ T H I S ! $ $ U E G. Perform these duties yourself if no CST is available. Properly complete an Evidence Inventory Sheet for any "l Eyewitness Identifications recovered evidence. (Be sure to sign the back before submitting to Evidence Custodian). I Investigating Sexual Assaults H. Call RVAP or have dispatch call them (they respond to the hospital only, not the crime scene). Do not skip this. 4 Arrest Matrix Always check to bc sure that it has been done. If they decline the advocate being present, remind them that they may engage their services at any time during the police or court process. I. Request that the victim have an evidentiary exam done right away. This is especially important if they report having loss of memory of events surrounding the assault, dizziness, or nausea, as training I continued from page 1 witness statement form on it's own; many times these officers should record both identification and non are illegible, extremely bhef or incomplete, and lacking identification results in writing, including the witness' own in details. Officers should strongly consider words regarding the certainty of the identification. I.e. I am documenting the verbal on-scene statements of the absolutely, positively certain that is the person; or I am pret~j witness in their reports. The more serious the incident sure that's him; or I'm not sure, it kinda looks like her... the more important this documentation becomes.) Information obtained from the witness, even if it does While the use of "show-up" identification is useful in many not directly identify a suspect, can corroborate other circumstances, oftentimes witnesses are asked to identify evidence in the investigation. Therefore it is important suspects or provide information "after the fact". To fully that this information be thoroughly and accurately benefit from an eyewitness officers should interview and documented in writing, record (manually or electronically) the content of the 6) Encourage the witness to contact the officer with any interview. While in many instances a witness may be further information, interviewed on-scene, there are many occasions where an 7) Encourage the witness to avoid contact with the media interview of a witness may occur"after the fact". In order to or exposure to media accounts concerning the incident, elicit the most accurate information the National Institute of 8) Instruct the witness to avoid discussing details of the Justice has "acknowledged that research has shown that incident with other potential witnesses, witness' memory of an event can be fragile and the amount Once officers have obtained the information from the and accuracy of the information obtained from a witness victim/witnesses an attempt is made to identify potential depends in part on the method of questioning." When suspects. If the suspect is immediately at hand this interviewing witnesses, officers should consider the following obviously not a problem; however, often a suspect is located guidelines developed by the National Institute of Justice. in close proximity and time to the incident by a second Pre-interview Preparations officer. In these cases officem often attempt to have the In order to maximize the effectiveness of an interview, prior victim/witnesses attempt to identify the suspect in a "show to conducting an interview, the investigating officer should: up" identification. These type identifications are inherently 1) Review available information. suggestive in nature. In order to minimize the 2) Plan to conduct the interview as soon as the witness is suggestiveness of the show-up identification, the following physically and emotionally capable. procedural safeguards should be employed. 3) Select an environment that minimizes distractions while 1) Determine and document, prior to the show-up, a maintaining the comfort levelof the witness. description of the perpetrator. (If a physical description 4) Ensure that appropriate recording or documenting of the suspect was broadcast, officers' may obtain a materials are available. copy of the broadcast for documentation.) 5) Separate the witnesses. 2) Consider transporting the witness to the location of the 6) Determine the witness' prior contact with law detained suspect to limit the legal impact of the enforcement. suspect's detention. Conducting the Interview a. If the suspect voluntary agrees to come with you to 1) Encourage the witness to volunteer information without the scene, this is probably okay, but you must prompting. document this. With the installation of the 2) Encourage the witness to report all details no matter carcorder, officers may elect to make sure the mic how trivial they may seem. is activated when asking if the person if he/she is 3) Ask open-ended questions (e.g. "What can you tell me voluntarily willing to come with the officer, about the car?"); augment with closed-ended, specific b. If the subject is not freely willing or consenting to questions (e.g., "What color was the car?" return to the scene or location of the witness/victim, 4) Avoid leading questions. officers should refrain from transporting him/her and 5) Caution the witness not to guess. instead take the witness/victim to the suspect. The 6) Ask the witness to mentally recreate the circumstances United States Supreme Court in United States V of the event (e.g. "Think about your feelings at the Crews, along with other related rulings, has held time"). that the transporting of person against their will is a 7) Encourage non-verbal communication (e.g., drawings, seizure and is tantamount to an arrest without gestures, objects). probable cause. (from Illinois O~cer's Legal Source 8) Avoid interrupting the witness [~ook by Dale Anderson) 9) ~:ncourege the witness to contact investigators when 3) When multiple witnesses are involved: additional information is recalled. a. Separate witnesses and instruct them to avoid 10) . Instruct the witness to avoid discussing details of the discussing details of the incident with other incident withotherpotentialwitnesses. witnesses. 1 1) Encourage the witness to avoid contact with the media b. If a positive identification is obtained from one or exposure to media accounts concerning the incident. witness, consider using other identification 12) Thank the witness for his/her assistance and procedures (e.g., lineup, photo lineup) for the cooperation. remaining witnesses. Upon completing the interview officers must then evaluate 4) Caution the witness that the person he/she is looking at the accuracy of the information. Officers should evaluate may or may not be the perpetrator, the statement point by point, while looking for 5) Obtain and document a statement of certainty for both inconsistencies. Evaluate each element in context with the identifications and non-identifications, available evidence. By evaluating each fact or element of Affer conducting a show-up identification, the officer should the statement you can avoid the misconception that the document the time and location of the procedure. Also accuracy of an individual element of a witness' description nrndintn fh~ ~nn~rnnv nf nnnth~r kh training 2 continued from page 1 of "date rape" drugs. Encourage thc victim not to UPCOMING TRAINING shower, drink, smoke, change clothes, or go to the bathroom before the exam. Collection of the ~ void This is a Dartial listing of upcoming training that [nay be of urine following the ingestion of drugs is imoerative available. DO NOT consider this a posting. Any letters if evidence of the drug is to be found. This sample submitted based on this listing WILL NOT be considered a must be kept refrigerated and sent to thc DCI lab as soon as possible. request to attend. J. Discuss with hesitant victims that having this exam does not mean they have to proceed with an C A L E N D A R O F Ev E N T S investigation, but that in order to "preserve all of their options', it is most useful if the physical evidence is TRAINING EVENT collected right away. This lays groundwork for any possible decision they may make in the future PLACE ALABAMA regarding pursuit of investigation. DATE UNDETERMINED Hazardous Devices School (bomb) At the hospital TRAINING EVENT A. At UIH~. female victims are taken to the OB/GYN clinic for the exam. Have dispatch call the ER right away so PLACE MONTGOMERY HALL they may page in the medical personnel to do the exam DATE WEEKS OF 01/10,17,24,31 AND 02/07/00 if necessary. You may transport the victim to the ER MATS and get directions to the clinic from there. Males are examined in the ER. Eventually, a SART (Sexual Assault Response Team) plan wilI be in place which TRAINING EVENT will include a SANE (Sexual Assault Nurse Examiner- PLACE M~FU IV specially trained in forensic nursing) Police, and an RVAP advocate responding to these calls. The SANE DATE 01/8,15,22,29AND02/5/00 will perform the evidentiary exam and medical Instructor Development interview. TRAINING EVENT 13. At Mercy. sexual assault exams are still being done in the ER, but this is in the process of being changed to a PLACE MARSHALLTOWN more private area. At either hospital, the police officer DATE FEB. 2000 does not need to remain at thc hospital during the CRIME SCENE ]NVESTIGATION exam. You can arrange to be advised when the exam e kh is completed and to meet with the victim at that time. Continued pg. 5 This and That Pursuit Driving: Officers are reminded that when deciding whether to engage in a pursuit, they need to evaluate the circumstances in relation to the Pursuit Matrix, which is in General Order 99-01 Police Vehicle Pursuits. The matrix requires in part; that officers consider the original offense which initiated the pursuit, the traffic conditions, road/weather conditions, speed limit and pursuit speed, and area in which the pursuit is taking place or heading. Either the officer or supervisor may terminate the pursuit, at which time all involved units should be advised to discontinue. Once a decision to discontinue is made all units shall disengage. Upon the completion of a pursuit, both the officer and supervisor controlling the pursuit need to fill out reports detailing the circumstances involved. A~so, a pursuit is deemed a use of force and the officer(s) involved need to complete a Use of Force Report. With the implementation of the revised Property Control Inventory form, officers are reminded that they are required to fill this out whenever they take property in to their possession. This form is to be used for found property, with the exception of bikes, which must still go on an Incident form and keys, which are accounted for else ways. For most incidents the Property Control form will suffice as is. In those incidents where there is more property than there is space on the form, officers may use the supplemental Property Control form. In this case firl out the top section of the Property Control Inventory form and then refer to the printed no. on that form when filling out supplemental Property Control forms. What you do speaks so loudly that I cannot hear what you say. Ra/oh Wa/do Emerson training 3 Am I Under Arre_st? Use of force reporting issues The following table represents constitutional issues, which arise at various levels of intrusion/contact. The Officers are doing a good job of filling out Use of Force issue; Is the person free to leave? If not; what must reports, however there are several issues, which the officer's actions be based on, when does Miranda reappear on a regular basis during the bi-monthly apply, and when may an officer search a subject, review. (from Illinois Officer's Legal Source Book by Dale Anderson) 1 ) When filling in the type of incident, officers need to TEIR l- TEIR 2 - TEIR 3 - put the type of the original incident. I.e. Public Contact Detention Custody Intox. While this may escalate to an Interference Police No Seizure Seizure Seizure charge, this section is requesting the original Intrusion (contact / (stop / (custody / reason for the contact. chase) detention) arrest) 2) Use of Force reports are subject to extra scrutiny. Evidence Hunch or Reasonable Probable Because of this officers need to take that extra Required Mere Suspicion Cause effort to see that the spelling is correct and basic Suspicion rules of grammar are followed. If in doubt, look it Officers None "Freeze" Handcuff, up. Supervisors should keep this in mind when Powers Suspect, Book, reviewing the reports. Search-only Search 3) When destroying an animal, the officer does not if Fear Incident to need to complete the Reload section of the form. Arrest This is referring to a situation where the officer is Suspects' Walk away Leave alter Police may reloading for "tactical" reasons. The shots fired Rights or Ignore short period use and distance sections do need to be completed. Officer ifnoPC Reasonable 4) Officers should not fill in a name, AKA John or Force Jane Doe on the "name of individual use of said Miranda No No Yes, Before force applied:" section when destroying a deer. Required Questioning of Suspect CALEA UPDATE November Training At this time we are in compliance with approx. 205 of the 439 CALEA standards. This does not include the Members Training Hours 65 standards, which do not apply to our agency. (These are mainly in the area of jail requirements, 2,13,50 FTO 40 courthouse security and reserve or auxiliary officers) There are 20 plus standards, which are in the review 14 SRT Situational Crwd Cnt 8 process. 14 SRT Range 8 As part of the CALEA process, the Rules and 26,19 CST 40 Regulations manual is being reviewed. The R/R can be used to comply with or document compliance with 23 Ordinance Update 8 numerous CALEA standards. As with the other 12,34 OIM computer tm 16 standards, we will attempt to incorporate existing practices in the Rules and Regs. unless there is a Watch Trn 00-23,24,25,07,06 conflict with a standard, is illegal or otherwise not feasible. There are several sections in the R/R, which 80 IACP Conf 32 are not followed in practice. A particular standard may require a written directive requirement, but the agency 31 members FATS .25 must follow their written directives. This means must follow what is written in the Rules and Regulations as well as the General Orders. If you have a suggestion for a revision in the current Rules and Regulations, get your suggestion to me as soon as possible. training 4 [ } requesting access to an office not in use at the time. Exam Continued from pg. 3 The more sympathetic the environment you provide, A. The exam may be performed by a physician or SANE. the more likely your victim may be to discuss the details. Get them a beverage or snack if possible. (this The latter is the plan that is "in the works" in Johnson really lets them know you care and impresses RVAP). Co. and will be implemented soon. D. If not willing to do an immediate interview, arrange B. Recommend that your victim bring a change of clothes with them to the hospital if possible, or have a friend for one to be done at the earliest possible time. bring some, as their clothes will be seized for evidence E. If this assault is being handled by an investigator who if they are wearing what was worn at the time of the is being called in, make contact with that investigator assault. Encourage that they let the hospital collect by telephone if possible, to clarify where the victim is, their clothes to clarify chain of evidence, all items what the status of the case is, answer any questions they may have, and to coordinate if there is something from the victim being collected at the same place/time. C. The nurse/physician will perform the exam, complete a they would like to have done irnmediateIy. Sexual Assault Evidence Collection Kit, and ask the victim questions about the assault that will be of assistance during the investigation. (Be patient about Interview the victim the length of this interview. If the victim decides not A. Assure the victim that you will not be shocked by to give you a detailed interview immediately, but then anything they have to say. Assure them that you are ~ decides they want you to pursue an investigation, not judging them personally for anything that they may this interview may be your best source of immediate have done during this incident, but that accurate details information regarding the assault. Additionally, juries are of the utmost importance and are your primary consider information given to a physician during an goaI. Point out that if their situation involved the use exam to be VERY CREDIBLE, and it is admissible in of illegal drags or excessive alcohol by them or court). This is an important interview, anyone else, that wiI1 not be a focus of your D. Part of this kit is a release of medical records form investigation and you will not be charging them for which gives police the authority to obtain copies of the that. Explain that those kinds of details are what a victim's assault exam records, defense attorney will use in the eventuality of a irial, E. Be sure to take evidentiary items, the Exam Kit and and that forewarned is forearmed for the prosecuting any other seized items, with you from the hospital and attorney. submit them to evidence with an Evidence Inventory. B. Tell them that you may need to review a second time, F. Ask the victim if they signed a medical records release some of the information they give you, in order to form. If they did, and you weren't given a copy of it clarify details. Ask review questions to add detail to from the nurse or doctor, ask the victim to sign one of descriptions such as, "he hit me". How was his hand, our medical release forms. Be sure to use the version open, closed fist, shoved, with which hand? "He held that has the specific release for results of date rape me down". Ask here his hands were on her body to do drug analysis, that. If you are unsure of a description, ask them to G. An officer may be called to the hospital simply to demonstrate for you. Get names, addresses, and retrieve a Sexual Assault Evidence Collection Kit. telephone numbers of any persons they mention that Identify somewhere on your report the patient number may have information about the assailant or the from the hospital if the victim is not willing to have incident. their name revealed at this time. Complete an C. Ifforsomereason, you feel this may be a false report, Evidence Inventory sheet and submit the kit to the it is recommended that you complete the investigation Evidence Custodian immediately. Write a short as normal, and then review your information with a narrative including times and who notified the PD of supervisor and/or consider forwarding the case to an the kit's need for retrieval. Include the names of any investigator. You should be very careful about attending nurses or physicians that you can obtain, confronting a victim with your suspicions. An officer These details can be important later if the victim needs to document and have clear reasons for or decides to pursue investigation, evidence of a false report before making a definite determination on this~ D. Before transporting a victim home or having them After the Exam leave, provide them with the contact number for the A. If the patrol officer will be completing the Johnson Co. Victim/Witness Coordinator, Sandy investigation, meet with the victim and determine if Bucher (pm. Booker). She has no direct line but is contacted through the Johnson Co. Attorney's office at they are able/willing to immediately do a more in- #339-6100. She is the best source for information on depth interview. B. If so, bring them to or have them meet you at the PD the status of a case after a charge has been filed. for the interview. C~ Use the most private location possible. Consider training 5