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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. There are 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 1 ICPD TRAINING D - I � DATE: DEC. 1, 1999 = ' TO: CHIEF WINKELHAKE I 11 FROM: K.HURD rn r� REF: NOVEMBER TRAINING REPORT D c,3 Cn 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 (ll/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, Hoeft 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 responsibilities of Crime Scene Technicians. photography and evidence collection techniques. a 40 school on the duties and Training included techniques in Ordinance Update (1 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(/ C7 `M M o m 0 i dm0p�t I I s I I s I I Eyewitness Identification Show -up identification procedures Adapted from National Institute of Justice publication, Eyewitness Evidence A Guide for Law Enforcement (part one) With the growing sophistication of DNA testing, there have been numerous cases where convictions have been overturned. The most compelling evidence in a majority of these cases was eyewitness testimony. In order to minimize the likelihood of incorrect eyewitness identification the National Institute for Justice has developed guidelines for the use of eyewitnesses. These guidelines start with the person receiving the call and continue through follow-up investigations and lineups. Many of these procedures may appear to be common sense, yet they are oftentimes overlooked or ignored by officers in an attempt to be minimize the time involved in an investigation. This article will discuss the basic on -scene procedures officers may wish to consider when dealing with witnesses (this includes the victim) and will also discuss considerations for "show -up" identification. The manner in which the preliminary investigating officer obtains information from a witness has a direct impact on the amount and accuracy of that information. When interviewing witnesses, the preliminary officers should: t) Establish rapport with the witness. 2) Inquire about the witness' condition. 3) Use open-ended questions (e.g., "What can you tell me about the car?"). Avoid leading questions (e.g., "Was the car red?"). 4) Clarify the information received with the witness. 5) Document information obtained from the witness, including the witness' identity, in a written report. (We, myself included, oftentimes submit the departmental INSIDE THIS ISSUE I Eyewitness Identifications Investigating Sexual Assaults 4 Arrest Matrix continued on page 2 Sexual Assault Investigations Patrol Officers' Response By Investigators Protaskey and Fjelstad Patrol Response to Adult Sexual Assault Introduction This article is the first of a three-part series pertaining to the patrol function in cases of adult sexual assault (abuse), child sexual abuse, and child abuse. The articles will review in outline format, basic expectations of patrol officers responding to these types of calls. Of course, they should be used as a guide, as all calls are unique in some ways and specific circumstances may necessitate deviation from this protocol. Always ask questions if you are unsure. it. Review and keep handy, your turquoise Guidelines for the In�gation of Adult Sexual Abuse booklet that was issued by the Johnson Co. Sexual Assault Investigation Team in 1998. Response to call of sexual assault. A. Assure physical safety of the victim and that the assailant is no longer present. B. Determine if assailant is known or get a description and give out to patrol. C. Review call with supervisor to determine if an investigator will be called in. D. Determine, as clearly as possible, the location of the assault (check jurisdiction). E. Secure the scene. F. Determine if evidence will need to be collected and call CST if so (request that they take photos of any obvious injuries). G. Perform these duties yourself if no CST is available. Properly complete an Evidence Inventory Sheet for any recovered evidence. (Be sure to sign the back before submitting to Evidence Custodian). H. Call RVAP or have dispatch call them (they respond to the hospital only, not the crime scene). Do not skip this. Always check to be 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. 1. Request that the victim have an evidentiary exam done rieht away. This is especially important if they report having loss of memory of events surrounding the assault, dizziness, or nausea, as them aIg¢jh�liog training t page 1 witness statement form on it's own; many times these are illegible, extremely brief or incomplete, and lacking in details. Officers should strongly consider documenting the verbal on -scene statements of the witness in their reports. The more serious the incident the more important this documentation becomes.) Information obtained from the witness, even if it does not directly identify a suspect, can corroborate other evidence in the investigation. Therefore it is important that this information be thoroughly and accurately documented in writing. 6) Encourage the witness to contact the officer with any further information. 7) Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident. 8) Instruct the witness to avoid discussing details of the incident with other potential witnesses. Once officers have obtained the information from the victim/witnesses an attempt is made to identify potential suspects. If the suspect is immediately at hand this obviously not a problem; however, often a suspect is located in close proximity and time to the incident by a second officer. In these cases officers often attempt to have the victim/witnesses attempt to identify the suspect in a "show up" identification. These type identifications are inherently suggestive in nature. In order to minimize the suggestiveness of the show -up identification, the following procedural safeguards should be employed. 1) Determine and document, prior to the show -up, a description of the perpetrator. (If a physical description of the suspect was broadcast, officers' may obtain a copy of the broadcast for documentation.) 2) Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect's detention. a. If the suspect voluntary agrees to come with you to the scene, this is probably okay, but you must document this. With the installation of the carcorder, officers may elect to make sure the mic is activated when asking if the person if he/she is voluntarily willing to come with the officer. b. If the subject is not freely willing or consenting to return to the scene or location of the witness/victim, officers should refrain from transporting him/her and instead take the witness/victim to the suspect. The United States Supreme Court in United States V Crews, along with other related rulings, has held that the transporting of person against their will is a seizure and is tantamount to an arrest without probable cause. (from Illinois Officer's Legal Source Book by Dale Anderson) 3) When multiple witnesses are involved: a. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses. b. If a positive identification is obtained from one witness, consider using other identification procedures (e.g., lineup, photo lineup) for the remaining witnesses. 4) Caution the witness that the person he/she is looking at may or may not be the perpetrator. 5) Obtain and document a statement of certainty for both identifications and non -identifications. After conducting a show -up identification, the officer should document the time and location of the procedure. Also officers should record both identification and non identification results in writing, including the witness' own words regarding the certainty of the identification. Le. I am absolutely, positively certain that is the person; or I am pretty sure that's him; or I'm not sure, it kinda looks like her... While the use of "show -up" identification is useful in many circumstances, oftentimes witnesses are asked to identify suspects or provide information "after the fact". To fully benefit from an eyewitness officers should interview and record (manually or electronically) the content of the interview. While in many instances a witness may be interviewed on -scene, there are many occasions where an interview of a witness may occur "after the fact". In order to elicit the most accurate information the National Institute of Justice has "acknowledged that research has shown that witness' memory of an event can be fragile and the amount and accuracy of the information obtained from a witness depends in part on the method of questioning." When interviewing witnesses, officers should consider the following guidelines developed by the National Institute of Justice. Pre -interview Preparations In order to maximize the effectiveness of an interview, prior to conducting an interview, the investigating officer should: 1) Review available information. 2) Plan to conduct the interview as soon as the witness is physically and emotionally capable. 3) Select an environment that minimizes distractions while maintaining the comfort level of the witness. 4) Ensure that appropriate recording or documenting materials are available. 5) Separate the witnesses. 6) Determine the witness' prior contact with law enforcement. Conducting the Interview 1) Encourage the witness to volunteer information without prompting. 2) Encourage the witness to report all details no matter how trivial they may seem. 3) Ask open-ended questions (e.g. "What can you tell me about the car?"); augment with closed -ended, specific questions (e.g., "What color was the car?") 4) Avoid leading questions. 5) Caution the witness not to guess. 6) Ask the witness to mentally recreate the circumstances of the event (e.g. "Think about your feelings at the time"). 7) Encourage non-verbal communication (e.g., drawings, gestures, objects). 8) Avoid interrupting the witness 9) Encourage the witness to contact investigators when additional information is recalled. 10) . Instruct the witness to avoid discussing details of the incident with other potential witnesses. 11) Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident. 12) Thank the witness for his/her assistance and cooperation. Upon completing the interview officers must then evaluate the accuracy of the information. Officers should evaluate the statement point by point, while looking for inconsistencies. Evaluate each element in context with the available evidence. By evaluating each fact or element of the statement you can avoid the misconception that the accuracy of an individual element of a witness' description training 2 page 1 UPCOMING TRAINING This is a pdia listing of upcoming training that may be available. DO NOT consider this a posting. Any letters submitted based on this listing WILL NOT be considered a request to attend. CALENDAR OF EVENTS TRAINING EVENT PLACE ALABAMA DATE UNDETERMINED Hazardous Devices School (bomb) TRAINING EVENT PLACE MONTGOMERY HALL DATE WEEKS OF 01/10,17,24,31 AND 02/07/00 MATS TRAINING EVENT PLACE MTTU IV DATE 01/8,15,22,29 AND 02/5/00 Instructor Development TRAINING EVENT PLACE MARSHALLTOWN DATE FEE.2000 CRIME SCENE INVESTIGATION ♦ kh This and That of "date rape" drugs. Encourage the victim not to shower, drink, smoke, change clothes, or go to the bathroom before the exam. Collection of the first void of urine following the ingestion of drugs is itnperativc if evidence of the drug is to be found. This sample must be kept refrigerated and sent to the DC1 lab as soon as possible. Discuss with hesitant victims that having this exam does not mean they have to proceed with an investigation, but that in order to "preserve all of their options", it is most useful if the physical evidence is collected right away. This lays groundwork for any possible decision they may make in the future regarding pursuit of investigation. At the hospital A. At UIHC, female victims are taken to the OB/GYN clinic for the exam. Have dispatch call the ER right away so they may page in the medical personnel to do the exam if necessary. You may transport the victim to the ER and get directions to the clinic from there. Males are examined in the ER. Eventually, a SART (Sexual Assault Response Team) plan will be in place which will include a SANE (Sexual Assault Nurse Examiner - specially trained in forensic nursing) Police, and an RVAP advocate responding to these calls. The SANE will perform the evidentiary exam and medical interview. B. At Mercv, sexual assault exams are still being done in the ER, but this is in the process of being changed to a more private area. At either hospital, the police officer does not need to remain at the hospital during the exam. You can arrange to be advised when the exam is completed and to meet with the victim at that time. Continued pg. 5 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. Also, 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 fill 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. Ralph Waldo Emerson training 3 Am I Under Arrest The following table represents constitutional issues, which arise at various levels of intrusion/contact. The issue; Is the person free to leave? If not; what must the officer's actions be based on, when does Miranda apply, and when may an officer search a subject. (from Illinois Officer's Legal Source Book by Dale Anderson) TEIR I- TEIR 2 - TEIR 3 - Contact Detention Custody Police No Seizure Seizure Seizure Intrusion (contact / (stop / (custody / chase) detention) arrest) Evidence Hunch or Reasonable Probable Required Mere Suspicion Cause Suspicion Officers None "Freeze" Handcuff, Powers Suspect, Book, Search -only Search if Fear Incident to Arrest Suspects' Walk away Leave after Police may Rights or Ignore short period use Officer if no PC Reasonable Force Miranda No No Yes, Before Required Questioning of Suspect Use of force reporting issues Officers are doing a good job of filling out Use of Force reports, however there are several issues, which reappear on a regular basis during the bi-monthly review. 1) When filling in the type of incident, officers need to put the type of the original incident. I.e. Public Intox. While this may escalate to an Interference charge, this section is requesting the original reason for the contact. 2) Use of Force reports are subject to extra scrutiny. Because of this officers need to take that extra effort to see that the spelling is correct and basic rules of grammar are followed. If in doubt, look it up. Supervisors should keep this in mind when reviewing the reports. 3) When destroying an animal, the officer does not need to complete the Reload section of the form. This is referring to a situation where the officer is reloading for "tactical" reasons. The shots fired and distance sections do need to be completed. 4) Officers should not fill in a name, AKA John or Jane Doe on the "name of individual use of said force applied:" section when destroying a deer. 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) 14 SRT Situational Crwd Cnt 8 There are 20 plus standards, which are in the review 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 g numerous CALEA standards. As with the other 12,34 OIM computer trn 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 31 members FATS 25 require a written directive requirement, but the agency 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 Exam Continued from pg. 3 A. The exam may be performed by a physician or SANE. The latter is the plan that is "in the works" in Johnson Co. and will be implemented soon. B. Recommend that your victim bring a change of clothes with them to the hospital if possible, or have a friend bring some, as their clothes will be seized for evidence if they are wearing what was worn at the time of the assault Encourage that they let the hospital collect their clothes to clarify chain of evidence, all items from the victim being collected at the same place/time. C. The nurse/physician will perform the exam, complete a Sexual Assault Evidence Collection Kit, and ask the victim questions about the assault that will be of assistance during the investigation. (Be patient about the length of this interview. If the victim decides not to give you a detailed interview immediately, but then 1= decides they want you to pursue an investigation, this interview may be your best source of immediate information regarding the assault. Additionally, juries consider information given to a physician during an exam to be VERY CREDIBLE, and it is admissible in court). This is an important interview. D. Part of this kit is a release of medical records form which gives police the authority to obtain copies of the victim's assault exam records. E. Be sure to take evidentiary items, the Exam Kit and any other seized items, with you from the hospital and submit them to evidence with an Evidence Inventory. F. Ask the victim if they signed a medical records release form. If they did, and you weren't given a copy of it from the nurse or doctor, ask the victim to sign one of our medical release forms. Be sure to use the version that has the specific release for results of date rape drug analysis. G. An officer may be called to the hospital simply to retrieve a Sexual Assault Evidence Collection Kit. Identify somewhere on your report the patient number from the hospital if the victim is not willing to have their name revealed at this time. Complete an Evidence Inventory sheet and submit the kit to the Evidence Custodian immediately. Write a short narrative including times and who notified the PD of the kit's need for retrieval. Include the names of any attending nurses or physicians that you can obtain. These details can be important later if the victim decides to pursue investigation. After the Exam A. If the patrol officer will be completing the investigation, meet with the victim and determine if they are able/willing to immediately do a more in- depth interview. B. If so, bring them to or have them meet you at the PD for the interview. C. Use the most private location possible. Consider requesting access to an office not in use at the time. The more sympathetic the environment you provide, the more likely your victim may be to discuss the details. Get them a beverage or snack if possible. (this really lets them know you care and impresses RV AP). D. If not willing to do an immediate interview, arrange for one to be done at the earliest possible time. E. If this assault is being handled by an investigator who is being called in, make contact with that investigator by telephone if possible, to clarify where the victim is, what the status of the case is, answer any questions they may have, and to coordinate if there is something they would like to have done immediately. Interview the victim A. Assure the victim that you will not be shocked by anything they have to say. Assure them that you are notjudging them personally for anything that they may have done during this incident, but that accurate details are of the utmost importance and are your primary goal. Point out that if their situation involved the use of illegal drugs or excessive alcohol by them or anyone else, that will not be a focus of your investigation and you will not be charging them for that. Explain that those kinds of details are what a defense attorney will use in the eventuality of a trial, and that forewarned is forearmed for the prosecuting attorney. B. Tell them that you may need to review a second time, some of the information they give you, in order to clarify details. Ask review questions to add detail to descriptions such as, "he hit me". How was his hand, open, closed fist, shoved, with which hand? "He held me down". Ask here his hands were on her body to do that. If you are unsure of a description, ask them to demonstrate for you. Get names, addresses, and telephone numbers of any persons they mention that may have information about the assailant or the incident. C. If for some reason, you feel this may be a false report, it is recommended that you complete the investigation as normal, and then review your information with a supervisor and/or consider forwarding the case to an investigator. You should be very careful about confronting a victim with your suspicions. An officer needs to document and have clear reasons for or evidence of a false report before making a definite determination on this. D. Before transporting a victim home or having them leave, provide them with the contact number for the Johnson Co. Victim/Witness Coordinator, Sandy Bucher (prn. Booker). She has no direct line but is contacted through the Johnson Co. Attorney's office at #339-6100. She is the best source for information on the status of a case after a charge has been filed. training 5