3.0 Investigations Flashcards
Inv I
Vice Admine Vice Operations CHAB SCU ICAC DV 290 Narc NTF
Vice Admin
Vice Admin-
- inspections, permits, police regulated businesses/occupations
- Admin / enforcement of 459/211 alarm
- inspeciton / control of paunshops, swap meets, gunshows
- Liason to ABC
- Coordinates responses and actions w/ regard to Pub Conv and Necessity / Conditional use permits
Vice Operations
Vice Operations
- regulates adult bus
- suppresses illegal gambling, porn, 647b
- regulates on sale and off sale alcohol businesses
CHAB
Child abuse
- inv all CHAB and neglect cases when suspect is in position of guardianship or trust
- inv all felony sex assaults w/ v under 13(regardless of relationship with suspect)\
- inv all child death cases, except 187
ICAC
ICAC-
- inv all computer related crimes against children-manuf distributor and solic in home commercial and organized chld porn and any form of child victimization
- inv cases initiated by referrals from cyber tip lines, IP, LE, publ sources, direct obs, compl from public
DV
DV -Inv all dv cases, except those involving juv suspects
Sex crimes
SCU
- all felony sex offenses with v 14 +
- inv all felony sex offenses with v under 18 and adult supsect who is not in a pos of trust with vict
- SCU SGT notified if
- complicaed sex crimes scene needing lab/inv
- violent cases with v severely injured
- res 459H involving sex assautls
- series
- high profiile - elderly, impersonating police, etc.
Narcotics
street level narc activity
all forged prescriptions
oversight/support DART and Drug court
-manages inv funds and keeps records for 3 years
NTF
large scale and extended narc inv
conducts asset seizures (in coop with other members of task force)
INV II
Econ crimes Edler Abuse Court Liason MAST Auto theft 187 211 gangsCIU RCFL Juv Admin Area station Narc team (Central Mid city Southern)
Econ Crimes
- all 470, excluding forged precriptions
- all 476, cc’s and other fin docs
- all embezzlements
- all bigamy cases
- certain fraud schemes
- computer related crimes and searches of computers- (RFTF, CATCH
Elder abuse
inv fiduciary elder abuse cases
-inv felony elder and dep adult physical abuse
Court liason
-coordinates / monitor proc of all felony comlaint requests except SOUTH BAY
conducts / corrd felony case enhancements
tracks all CRE’s
felony case management database
quarterly felony case stats
maintains a sub file
-monitors officers app in court
tracks / reduces court OT
Comm with DA, CA superior court, KM court
MAST
inv death and serious injury cases assoc with fire
all arsons / structure fired of suspicious origins
fire caseswith large dollar loss
any fire series
in all cases involving explosives, recovery of explosive devices
Auto theft
all auto thefts city wide
processes all persons 10-16 with 10851 as primary charge
PSE with area commands
insp of bus per 2805 CVC
all auto theft inv respon will be coordinated with RATTF to ensure coordinated response
187
in all 187 all OIS resulting in injury or death all OIS with misses adult missing persons' cases all adult 11-45 and 664 11-45 all police involved injuries (non - traffic) resulting in serious injury or death
211
inv all commercial and home invasion 211 with adult suspects
all extortions involving 211
initial response for all 207 with outstanding V
all 207 for 211 involving ransom
inv all 215
coordinates extraditions
gangs
gang activity supression - ractive and proactive inv
gang activity addresses by GST
reigsters / doc gang members and emerging tagging crews
suppresses graffiti related crimes - GSF
SIU - CIU
collects / analyzes criminal intell for dept
major inv involving organized crime, biker / prison gang, extremist activitis, murder for hire
liaisons with Mex lE
Liaisons with unions and managmenet inv labor disputes
Provides VIP protections
Maintains CI database
concurrent inv with feds relevant to homeland security
conducts inv involving dom and int terrorism
rCFL
assigned to Lab-computer related evidence
Juv Admin
ESSP SSP child safety and education area juv interviention activities missing juv record/ training for missing juv / runaway databse liaison with juv justice agenies cooridinates with JST diversion programs through comm based organizations
Area stattion Narc teams
Central, Mid city, Southern
- street level nar activity
- *acquitisitons of buy money/handling of informant packages handled through the Narc section
Area command Inv
Crimes Against Persons
- all felony crimes against persons not assigned to Centralized inv
- all misd crimes against person, including mis sex offenses
- bomb threats against persons
Area command Inv
Crimes Against Property
- all felony and misd crimes against rpoperty not assigned to Centralized iNv
- all bomb threats against property
Area command Inv
Juveile Services Teams
Conducts inv with a S under 18
–including DV S under 18
-inv all sex offenses with the V and The S under 18
-cooridinates efforst with Juv Admin
-liaison with againceies conductign missing juv inv
-provides uniformed presence to all grades through High school, public and private
inv juv missin persons cases
records all juv 11-45 and 664-11-45
ESSP
liaison with juv justice agenices
missing juv records
juv intervention and diversion activities
coordinates with the Youth Advisory committee
Traffic Investigation
-serious injury and fatal collision investigation
-vehicular manslaughter inv
-felony driving under the influence 10-16s
-felony and misd 20002 inv
reviews police and city equip collisions with necessary
assist Hom unity with scene reconstruction (even if not traffic related)
-inv all arrests and warrants of arrest for 2800.3
***In-custody arrests, warrant of arrest, and notify warrants for 2800.1 and 2800.2 will be investigated by the area command of the arresting officer
DP 3.02 - Impound, Release, disposal of property evidence and article missing ID marks
ensure chain of cusoty, maintain integrity of evidence collected, safeguard members against charges of imporpriety in handling of evidence
General Procedures
all prop discovered, gathered, or received during course of duties that is determined to be of some evidentiary or monetary value SHALL be impounded in property room by EOS
DL’s
- DL’s unless officer can return prop to citizend before EOS.
- **Firearms DO NOT FALL UNDER THIS EXCEPTION
fuel operated engine
- fuel operated engine are held in tow yards
- vehicle fluids may be disposed of at a police garage with approval of auto maintenance supervisor
- if gasoline is needed as evidence - a small sample should be impounded with MAST/stored there.
- perishable items - contact lab , if not needed - discard
Items found during pre-shift vehicle insp
Items clearly not belonging to another officer:
-SHALL be impounded in Property room.
NOT trash-discard
-License plates SHALL be impounded - DO NOT MAIL
Pressurized gas bottles
DO NOT impound
- photograph and leave at scene unless hazadous
- if hazadous - see dp8.16 - inc involinvg haz mat
- if in doubt, call WC
- any container of uknown pressurized gas should be handled as haz mat
shop lifting evidence
will be maintained at the store until needed for trial
-citizen should be instructed to place the date and his/her initials on the evidnece ofr later court ID
- cit should be instructed to call the inv unit the next day for further info
- inform store personnel , 10 days after arrest it will be their respon to phone CA to determine status of case and if property can be returned to stock
- on A-8 11-48 officer will write name at bottom of report only
- the name of the citizen making the arrest will be put in the space provided for names of arresting officers (EX: John Jones, CITIZEN ARREST)
- if shoplifting case includes burglary or some other felony-evidence impounded in usual manner
Dividing Impounds
generally all property is required to be impounded as separate entries
-if different owners, suspects, or victims - MUST be entered separately
-variety of different items under the item type “other” is NOT acceptable.
INSTRUCTIONS ON HOW TO DIVIDE AND ENTER EACH ITEM SEPARATELY:
FIREARMS–
firearms, magazines, ammo, holsters, cases, scopes -MUST- be impounded separtely
DO NOT INCLUDE GSR KITS with firearms
MONEY
–over $20.00 (does not include personal check, etc.)
ITEMS OF SIGNIFICANT VALUE:
does not include costume jewelry
-BICYCLES - tri and scooters
-PRISONER BULK PROPERTY
-not needed as evidence
-backpacks can be entered as one entry with the contents listed in the comments section
(Might want to itemize if possibility that some or all of the property might be stolen - memo to investigator)
FOUND property-
suspectted to be related to a crime safes, ATM) impound should be “other” with a brief explanation as to why the item is suspected to be related to crime
NARCOTIC:
-misdemeanor narcotics should be separated from felony narc
DNA ref mouth swabs- subject from whome the swab is listed as “owner” in FileOnQ
-refrigeration rqd”
WHERE TO IMPOUND PROPERTY AND EVIDENCE
The following MUST BE DONE AT HQ:
- all evidence related to sex crimes, commercial 211, 10851, chab, dv, gangs gsf, and bio evidence
- any item saturated in bodily fluids (designated bins)
- All prisoner pesonal property to be released to owner
- Money impounds $500.00 and over
- Jewelry valued at $1000 and over
- ALL firearms that must be left loaded - at WC office
- all evidence related to 10851 other than the vehicle
***all evidence not mentioned related to economic crimes and elder abuse = CENTRAL DIV
MUST be impounded at W/C after hours
- all loaded firearms
- money over $500.00
- Jewlry over $1000
PACKAGING
clearly mark evidence with evidentiary caustions
- multiple items of jewelry should be packaged separately and given individual barcodes
- coins impounded in amounts equal one roll must be rolled.
- b/c labes shall not be used as an evidence seal
MARKING physical evidence
DO NOT MARK OR PLACE BARCODE LABES ON ITEMS OF EVIDENCE
- Narcotic evidence -can store all items within one nar envelope prior to sealing it
- multiple barcodes can be placed ont he face of the envelope
- only acceptable with narc impounds
- general imounds - each barcode must be packaged separately
-Homicide evidence shall be marked - initials/id number , date, time, location recovered, inc number and b/c number, item description
Tags: when evidence cannot be sealed in a container - attach wire tag and put barcode on wire tag
Completing the FileOnQ data entry form
-andy desktop
-McT connected to Lan
CANNOT be accessed from the MCT while in patrol car
-B/C an be printed individually or in groups
-if won’t print ok to print on paper and attach to item
Voiding items and revising errors in File on Q
-find item click on the edit item button make the changes click save --If the inc number was corrected, then a new barcode should be printed and attached to package.
-if property already secured- a note should be left with the new barcode explaining the edit
-If need to delete:
-select the item to change
select request
in the deliver to field of the pop up window -
12 data change
select the current date in the date window
enter the reason for deletion
click on request
-tracked on the my webview
SPECIALIZED impounds
FIREARMS:
FIREARMS:
- all firearmss must be impounded
- all calles involving the impounding of f/a, no property other than that associated with the firearm shall be placed int he same package with f/a
FSR not 11-48 with f/aor impounded with f/a
Need Receipt for weapons form
UNLESS- would compromise inv
-circumstances where no individual was in possession or incapable (11-45)
-result of a sw seizure - R&I must be attached to the item being impounded
- write reason for exception to the receipt
-unloaded before they are impounded
-if neeed to be loaded = W/C - (make sure W/C is selected for the station impounded field.)
-Gun desk releases and dispo all impounded f/a
-only personnel assigned to gun desk may issue property release forms for f/a
SPECIALIZED impounds
MONEY and JEWELRY
Over $20.00, receipt for currency
- over $20.00 must be impounded separately from all other items
- officer and witness is required to sign the money envelope
- put dollar amount in additional description field so dolla amount is on b/c
- if Prop room is closed all money over $500 = W/C
- money up to $500.00 and jewelry up to $1000 MAY be impounded at area stations
SPECIALIZED impounds
Bicycles
- impounded as separate items
- complete descrip
- suspected stolen = evidence or other
- found property should not be used if dispute of ownereship or connection to known owner
SPECIALIZED impounds
Prisoner bulk personal property
not accted at the jail and not evidence shall be impounded at HQ
-vague descriptions “bulk personal property” shall not be used.
-general descrip “clothing , paper, toiletries” = ok
- most conditions, officers are to authorize release of bulk/personal prop at time of impound
- complete autho request, indicate to whome, , list the barcodes, attach original to release form and leave in HQ property room with the impound, attach second copy to arrest report
- mail the final copy to owner
- arrestee should be told property will be disposed after 90 days unles:
- go to HQ and claim - photo ID required
- call or write property room ask for extention
- send someone to pick up property on their behalf with notarized auth from arresttee
SPECIALIZED impounds
FOUND PROPERTY
shall not remove or impoun unidentifiable property under $100.00 found on private property-prop owner can remove
- shall not remove or impound unidentifable property found on public property that is non-useable-non-sealable, vlaued less than $100.00
- if abandoned property found on public property is sanitary, saleable, or useable, and over $100.00 MUST be impounded as unclaimed property and held for min 90 days unless ownere located
- found property that is identifiable are to check to see if reported lost or stolen
- found prop retained for 90 days
- govnt employees can not claim item later
LOCKED SAFES
must be 11-48 to HQ
- det or inv aide’s responsiblity to contact the locksmith to open a locked safe within 7 days of impound
- contents must be inventoried and impounded
- if impossible to move contact W/C to get locksmith
- contents must be inventoried and 11-48 to HQ to impound
- if need SW put this info in Remarks section
ALCOHOLIC Beverages
not needed for evidentiary reasons should be poured out at scene where they are confiscated
-emptied containers shall be disposed of properly
emptied beer kegs should be released to ownere at scnee or impounded if necessary
-all other alcholoic beverages shall be impounded
if alc bev is not in its origianl container a smaple of the bev should be transferred to vial and impounded
if bev or containers are being impounded for disposal only -and do not need to be retained impounding officer should sumbit a change request through the systme and selct ok to dispose
Impounds at area commands
property impounded at area commands will generally be 11-48 to HQ within 3 working days
- photo discs may be held longer to accomodate inv schedules
- property may be held at area commands longer than 3 working days at the request of an investigator when it is essential to the case no more than 10 days
-shall be viewed by the assigned inv before it is 11-48 to HQ
-to maintian chain, singn viewing prop
-
Property release form
PD -184-any time a dept member relinqueshes physical custody of impounded property
-ONLY exception would be if relinquished to court
- there are no partial releases when using the FileonQ syste.
- if need partial release, the investigaor will have to create a new barcode to separate the items to be released rfrom those retained.
- Officers may not authorize the release of impounded property to themselves.
- release of f/a is respons of gun desk oonly
responsibilityfor release of impounded property - general procedures
- Property seized by a SW
- -cannot be released without a court order/ and prperty release
- Firearms
- gun desk:in accordance with applicalble laws
- dept may retain certain weapons for use in performance of official duties
- assigned to an officer as his/her dep isseued weapon but cannot be purchased for personal use upon retirement
- after official purposes done, must be destroyed when no longer of use.
- all f/a must be impounded and dispo made in accordance of law
Patrol officers may release property:
-prisoner bulk
officer has forgotten to return personal items - dl, id cards, keys
all ofther releases must be authorized by investigator
inv are respns for the release or disposlal of impounded property of their cases
review every 6 mos
f/p every 90 days
General guidelines for property release/disposal of evidence
misd arrest-adujucated and no appeals no to exceed 3 yrs.
-misd no arrest- one year retain
misd/felony wobbler- retain until case adjudicated and no appeals not to excee 5 yrs
felony arrest - retain until case adjudicated and no appeals
felony no arrest-retain per dept or specialied unit guidelines-disposed if not evid value
Hearings: Release/disposal of pawned property - special procedures
- persona claiming ownership must produce proof and proper id
- take photo of property to be retained in case file
- if prosecution is pending-prosecuting agency must be contacted and grant approval for the release of property
- inv shall send a form eltter (pawn letter) to indiviusal from whom property was seized registered mail return receitp rqstd
- must contact property sup in 15 days of receipt of the letter
- is want to be heard - schedule an informal hearing to determine ownership
- a demand for retunrn of property shall be a request for a hearing
- if no respons with 15 day, property may be released with release form.
- at conclusion of hearing, within 10 days, senior polic prop su shall determine the dspo of prperty
- if not satisfied may seek judicial remedies
dispo of unidentified, unclaimed, or worthless property
retnetion begins with property first came into dept’s possession
-f/p = 90 days
other = may be released or disposed of at any time if no evidentiary value
-prop release once releas is expired may be disposed as unclaimed
Dispo of articles missing ID marks
PC 537e=crime to possess proerptywith ID marks removed.
- may be released to lawful owner or sold at auction
- permanent file will be reatained in HQ to doc all property which has had a dispo number assigned except f/a
FIREARMS:
lawful owner will be mailed the DOJ LE gun release app (LEGRA) complete and submit to DOJ
-ownere willnotify gun desk upon receipt of DOJ approval
-gun desk will issue a property release to owner or rep of SDSO with instruction to have s/n re-established
-SDSO completed process of assigning new ID and ownere MUST return Firearm to gun desk for verificiation of new number.
Property check outs viewing
check it out - you are responsible
- to be examined by crime lab= work order request
- cannot check out items and take to lab
- returned to the same prop roomit was checked out of
- all evidnece checked out must be returned within 24 hours
- the sole exception to this is proerpty checked by lab
- NO CIRCUMSTANCES will prop be sotreed in lockers, desks, or file cabinets
COURT:
- clerk must sign for evidence and stamp the form
- receitp returned to HQ same day
Money over $20.00 will be sealed in a package-witness is trongly suggested is money seal ust be broken
- crime lab must provide memo by supervisor to obtain over $20.00 for exam
- Imounding officers from toher juris may sign out proeprty that was impounded by them..no other wtout approval of investigator
3.03- Impounding / releasing vehicles w/ evidentiary hold
BACKGROUND
- 5 CVC- officer may remove a veh from a highway or public/private property when:
- p/c to believe the vehicle was used as means of committing public offense
- vehicle is evidence which shows a crime has been committed
- vehicle contains evidence that cannot be readily removed
**the prosecutor may request, and court may order, the suspect, if convicted, to pay the costs of towing and storage
Cost Recovery Guidelines
May waive administrative costs upon verification vehicle was reported stolen at the time the vehicle was removed
–Vic vehicle- r/o was not involved -investigator will forward information to Tow Admin for consideration in waiving admin costs.
- Sus vehicle- owner will be held responsible for admin costs assoc with tow, storage for one day, and storage after hold is removed.
- Sus will not be charged storage fees for the time vechile was subject of an evidentiary hold.
Impounding Procedures
Vehicles Impounded at Tow Co faciltiy
22655.5 CVC-
Vehicles Imp at Tow Co Facility
-1. forward copy of A-11 to inv unit/ fax copy to Tow Admin
-2. becomes the responsibility of the case investigator
-3. Inv processes and contacts r/o upon releasing hold
-4. Tow Admin must be notified by the inv upon releasing hold
-Impounding offices will enter vehicle into FileOnQ
-must be released within 3 working days, unless extenuating
-extension must be approved by LT of inv unit
-tow companies require the name and ID of inv and LT who auth the hold longer than 3 days
Impounding Procedures
Vehicles Impounded at Police Vehicle Impound Facility
- forward copy of A-11 to inv unit/fax copy to Tow Admin
- 2 Impounding off enter into FileOnQ
- 3 All vehicles must have approval form W/C
- 4 187’s and other serious crimes in enclosed garage
- 5 impounding officer will NOT conduct inv of vehicle being held as evidence. the assigned inv will conduct the inv/ and doc on inv f/u report
- 6 gain access inside the enclosed garage, key to exterior lot, deactivate alarm via W/C
- 7 sign evid log, and veh impound log
- 8 officer will place a veh impound hold card on dashboard with info about hold / vheicle
- 9 place oil pan under engine block of car
- 10 return key/ notify w/c, reset the alar
- 11 officer will provide a-11 to tow operator/ ensure tow receipt get placed in tow slip box on door
DO NOT IMPOUND Vehicles at substation w/out permission form Tow Admin or W/C
Processing Vehicles-
- assigned inv and/or lab personnel will process impounded vehicle
- release within 3 working days-unless ext circumstances
- auth by LT-send memo to Tow Admin
- Tow Admin will track all vehicles stored at impound facility
- After processed- inv will coordinate the transfer or veh from enclosed
- if pending court proceedings will be xferd to outside lots
Tow Admin will update the impound management system
Dept release / removal of evidence holds on vehicles
When Inv determines evidence hold should be released:
- initiate admin removal of evid hold by contacting tow Admin or W/C after reg hours
- contact r/o - inform veh will be released as of the date / time specified by direction of Tow Admin or W/C
- if unable to locate r/0 send certified letter notifying release date
- doc notification in inv report
- inv shall NOT contact tow yard to initiate release of vehicle on hold
- only Tow Admin or W/C can remove hold
- Inv will notify r/o, removal of evidence hold, and informing r/o of costs- all fees are responsibility of owner
- If owners contest - refer to City claims
- tow comp will not release veh with expired reg, unless r/o can show proof of current reg, at the discretion of impounding agency, upon the issuance of a notice to appear for the reg (by the agency causing vehi to be stored)
- if veh has been impounded for inv purposes and it has unpaid citations, owners should be referred to City Treasure for payment of citations and clearance of reg
Release/removal of veh evidence holds at police vehicle impound facility
Inv are responsible for monitoring status of each vehicle
- including contacting r/o and Tow Admin or W/C to have evidence hold removed
- when done with forensic exam-case inv will determine if need to hold the car (ex DA)
- if suitable for release, inv assess required disp for vehicle (Section IV)
Guidelines for determining disp for vehicle releases from the Police Vehicle Impound Facility:
Vic Vehicle:
- if veh was used in a crime, r/o was not involved, release veh to r/0 at police veh impound facility
- Tow Admin office must be notified
Suspect Vehicle:
- inv shall facilitat the xfer of vehicle from Police Vehicle Impound to contracted tow yard
- separate A-11 is required for xfer
- request two
- owner is responsible for tow fees and any storage fees incurred after evidentiary hold released.
- -inv will contact r/o via certified vehicle release notice
- when r/o contacts inv , arrange to meet at impound lot
- inv will notify Tow Admin to update status of vehicle
- after 10 days of receipt of letter, and r/o has not contacted- inv should call Tow Admin who will have vehicle towed to a to yard for lien sale processing
- inv will complete A-11 and give to Tow Admin
- copy to tow truck driver, original to records
3.04 Marking of physical evidence
DO NOT MARK DIRECTLY ON ITEMS OF EVIDENCE
- put initials on containers
- when evidence cannot be sealed in container, place wire tag on item
3.05 - Juvenile Index
Background
- Central record file of all SD County juvenile residents taken into custody within this County
- maintained by Probation Dept at Juv Hall
3.05 - Juvenile Index
Procedure
- IQ of juvenile = 24 hours and ask for Juv Index
- need code
Wanted Juveniles -
Notification and Cancellation
-Index permits the posting of notices on juv who may be wanted as runaways or in connection with some delinquent act
- call the agency posting the wanted notice
-wanted notices and/ or cancellation notices for juvenile suspects by dept should originite with the area command JST
-want or cancellation info on juv suspects will also be paced in Records Div
Juvenile Court Website
- info on juvenile probation orders, warrants, charges, court hearings, and dispo, school grades, and attendance
- to get password-complete SDCProbation Computer Svc Reg form
- submit completed forms to Juv Admin
Juvenile Procedures
Background
Per WI 626- officers have legal alternative disp’s for juveniles taken into temp custody
- release to parent, guardian, responsible adult or OR
- refer or deliver to juv agency for shelter, care, counseling, or diversion
- complete a JCR with statement of reasons the minor was taken into custody and immed release the juvenile
- deliver the juv to prob officer (Juvenile Hall)
Juvenile Procedures:
Arrest
WI 625-details circumstances in which officer can take juv into custody.
- similar to adult arrests
- EXCEPT-officer may arrest a juvenile for a misd not committed in his presence-if P/C exists
- MUST fingerprint juveniles arrested on felony
- officer will complete 3 fingerprint cards-attach to JCR
- records will send to SO to be entered into Cal-ID
- w/c field LT must approve all Juv Hall placements
- If during business hours, officer will also notify JST Sgt.
- Juv Hall CANNOT accept minors under 12 with/out judge approval
- Juv Hall will accept 18 yr olds, until 19th b/d with No Bail warrants from Juv Court
- officers should take juve with traffic warrants to deputies at Traffic Court
- if after hours= Juv hall
Juvenile Procedures:
Admonishment
- WI 601 or 602 is taken itno temporary custody- officer MUST Mirandize - even if officer is/is not going to question juvenile about crime
- when in police custody h/she must be adminished prior to interrogation (no Beheler)
- if juvenile is not going to be questioned, officers are not to ask the 2 questions
- officer must inform the juvenile of the purpose of the arrest, expected duration, CANNOT exceed 6 hours
Juvenile Procedures:
Infraction or misdemeanor field releases
-may field release for any infraction / misd if juv can provide ID/and resident of SD Cnt
-if not resident of county it is not likely they will return for court-therefore another dispo is appropriate
-release a juv in field for a non traffic related offense, JCR must be completed
-officers should contact parent/guardian and notify before EOS
-when responding to school, determine if violation of law or violated school policy
-MAY NOT RELEASE IN FIELD IF:
UNDER 14
-under the influence of alcohol or drugs
-juv requires medical attention/unable to care for his own safety
-crime involves sophistication
-immediate release would jeopardize prosecution of the offense
-reasonable likelihood offense would continue or release would endanger the safety of persons /property
Juvenile Procedure:
Dependent Children
- defined as victims of child abuse, neglect, or molestation, children deserted by parents, children whos parents have been arrested or hospitalized, or children otherwise in need of immediate protection = WI 300
- if child needs protection- take to Polinsky and forward A-9 to child abuse unit
Juvenile Procedure:
Police Facility Detentions
-secure detention is prohibited in all police facilities
-shall not be locked in room
-shall not be secured to stationary object
Non-secure:
-under nonsecure detention MAY be handcuffed - but not to chairs, etc.
-non-secure constant observation, by television is not sufficient
-WI 300 must be kept under continuous supervision are not permitted to have contact with adults in custody in facility
-non-scure detentions not to exceed 6 hours
-in all cases, must use one of the dispo options available
-if it will be longer than 6 hours MUST transfer to Juv Hall
-602’s cannot have contact with juveniles held for 601 and 300
-complete Juvenile detention log
Juvenile Procedure:
Shall have the following amenities
- water and/or other beverage
- toilets/washing facility
- privacy during visits with family, etc
- food if in custody for more than 4 hours or hungry
- opportunity to complete at least 2 phone calls not later than 1 hours after in custody
- privacy only applies to attorney phone calls, officer should listen in on all other phone conversations
Juvenile Procedure:
Protection and welfare of juveniles
Protection-welfare /protection of all juveniles is responsibility of arresting officer
Discipline - of any kind is NOT PERMITTED
Suicide risk / prevention-
-maintain constant supervision
-if necessary-take to Juv CMH
-if going to Juvenile Hall, and 11-45 talk, still accepted
Juvenile Procedure:
Use of Restraints
use discretion / good judgement
constant in-person observation
Juvenile Procedures:
Medical Assistance
officer should comply with reasonable requests for medical assitance
- render necessary medical assistance
- obtain appropriate medical care for any juvenile who is known to have ingested intoxicating substances or UTI which could result in medical emergency
Juvenile Procedures:
Required reports
Must complete a JCR
- if going to the hall, JCR, Dec, Aff and app for filing of juv court petition, crime case
- no need for dec, aff, and crime case if JDO or warrant
- if not immediately possible to complete the crime case, must be taken to DA next day
Officers may request juv NOT to be released if:
- no responsible parent/guardian avail
- continued detention is needed for protection of minor
- minor likely to flee
- violated order of juv court
- minor is physically dangerous to public
Include multiple traffic and criminal offenses on JCR
-Do NOT tell members of the public to sign a complaint
Juvenile Procedures:
Parent Notification Letter
Criteria:
-companion of FI’d, cited, 10-16 for narc, DUI, or other alcohol, of a person involved in criminal activity, (except if it will jeopardize ongoing inv), companion of a gangsta
- JST Sgt will make the decision to have letter and track
- when parent contacts the JST team, the parent will be provided with info for intervention referrals.
- names of others involved with juv during contact will NOT be shared.
- the number of notifications to the juv parents will be up to the JST sgt.
Juvenile Procedures:
Photographing Juveniles
Same as for adults
- under arrest for a crime
- detained as a suspect in a crime
- legally detained for criminal inv
- consents to being photographed
After photograph, officer will notify parent
-include notification on JCR
-if unable to make notification, include on JCR or FI
-
Juvenile Procedures:
Collection of DNA mouthswabs from Juveniles
can be taken and submitted to State databank
- generally performed by a p/o in Juv Hall and with a court order
- juv DNA can be stored in SDPD database
- may take for inv purposes, either in the field or at police station if:
- legally detained as a suspect
- if in a place of confinement-take steps to notify parent and document on JCR
- juv has been identified with ID
IF under 14 years old-needs to meet PC 26
- Prior to collection-notify Sgt or LT for approval (JST sgt)
- fill out consent to collect saliva sample,
- outside of public view
Juvenile Procedures:
Interview of Juv victims/witnesses at Public schools- Greene decision
12/2009-cannot interview victims/witnesses at school without a court order, or consent by parents
EXCEPTIONS-
- if investigating incidents initiated at school
- interviewing juvenile SUSPECTS at school
- exigent circumstances
- consent from parents
COURT ORDER
- if involving sex assaults, chab, molest, or neglect, contact on call inv unit
- all other cases call JST sgt/det
- JST sgt/det will assist officer in obtaining court order
- complete an ex parte and other doc’s not reviewed by CA or DA
- sgt will review the docs
- docs on shared drive
Juvenile Procedures:
Notification of parent or guardian
WI 627 - when take minor to place of confinement MUST attempt to notify parent
- for minors WITHIN city -10-21/note
- for minors WITHIN county- 10-21 ask SO
- for minor OUTSIDE county-10-21 or teletype
Juvenile Procedures
Undocumented juveniles
WI 300-
- under 13 - 11-48 to Polinsky if parent/guard cannot be reached
- 13 + = non-offending parent - release
- no contact release to CBP - ok to 11-48 to CBP facility for this purpose
WI 601- (Status offenses)
- under 13 - release to parents
- if parents are in Mexico, 11-48 to Polinsky
- 13+ = release to parents, if cannot be reached, release to CBP - ok to 11-48 to facility for this purpose
WI 602- (Minor offenses)
-Under 13- if cannot contact parents - need court order to release to Polinsky (processed by Polinsky)
-if no court order contact JST det, with the assistance of Juv DA will coordinate placement of juvenile in the hall or Polinsky
-13+ = juv 10-16 and parents not available = Hall
complete JCR
WI 602 (serious offenses)
- Hall
- photograph/fingerprint
- JCR
Juvenile Procedures:
Juvenile foreign nationals
- when 10-16 - required to notify foreign nationals
- take to Juvenile hall when they are involved in serious/violent crimes and cannot be released to parents
- if in Hall, staff will make notification
At risk missing / runaway juveniles
-DOJ requires info on missing / runaway juveniles to be entered into CLETS
-divided missing juveniles and runaways into 3 categories:
1. at risk
2 under 16 and not at risk
3 over 16 and not at risk
At risk missing / runaway juveniles
Procedures for missing juv at risk
-victim of foul play in need of med attention victim of parental abduction mentally impaired no pattern of run away
Communication:
- format active case
- dispatch officer
- all units
- notify sgt
- assign other units if sgt needs
- assigned non resident cases where juv was last seen in city
- if believe it is 207, dispatch will notify Robbery
- notify W/C
PATROL OFFICER:
- until relieved by sgt, conduct crime scene inv
- take mp report
- obtain a case number within 4 hours/for each missing kid
- obtain photograph
- have auth for dental/xray signed
- inform parent they need to check friends, hospital, etc.
- must notify JST if juvenile is found
- complete process if juvenile resides outside City, but was last seen in command area
- place all mj at risk on w/c log at EOS
At risk missing / runaway juveniles
When juvenile is found
- officer will notify the dispatcher
- DO NOT VOID case number
if parent cannot be found:
-resides within county, juv is 14+, place in approved shelter/call juv probation intake for references
-resides within county and juv is under 14, place in Polinsky
-resides outside county, or unknown who has custody, place at Polinsky (13 U)
-send notification letter to hometown agency
JCR if officer has contact
PATROL SGT:
- evaluate the scope of the search, request other resources if needed
- if child is very young or other reasons- may set up command post
- ensure w/in 4 hours - a case number is assigned, recent photo is obtained, dental x-ra info is obtained
Watch Commander
- ensure appropriate personnel is notified
- notify robbery if necessary
- notify CIMU if mobile command post is needed