316 Missing persons Flashcards
316.1.1 DEFINITIONS
At risk - Includes, but is not limited to (Penal Code § 14215):
1) A victim of a crime or foul play.
2) A person missing and in need of medical attention.
3) A missing person who is age 11 or younger.
4) A missing person with no pattern of running away or disappearing.
4) A missing person who may be the victim of parental abduction.
5) A mentally impaired missing person, including cognitively impaired or developmentally disabled
316.1.1 Missing person
True or False
Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown.
This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.).
It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215).
True
316.1.1 Missing person definitions
Missing person networks:
Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations.
These include:
1) the National Crime Information Center (NCIC)
2) the California Law Enforcement Telecommunications System (CLETS)
3) Missing and Unidentified Persons System (MUPS).
316.2 POLICY Missing Persons
True or false
The Berkeley Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise.
The Berkeley Police Department gives missing person cases priority over property-related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211).
True
316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS
The Detective Bureau Lieutenant, or his/her designee, should develop and make available forms and kits in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including:
1) Department report form for use in missing person cases
2) Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07)
3) Missing person school notification form
Medical records release form from BPD
4) California DOJ missing person forms as appropriate
Biological sample collection kits
316.4 ACCEPTANCE OF REPORTS
True or false
Any member encountering a person who wishes to report a missing person or runaway must wait 24 hours before a report is take (Penal Code § 14211).
This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211).
FALSE
Answer:
Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211).
This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report.
A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211).
316.5 INITIAL INVESTIGATION
Officers or other members conducting the initial investigation of a missing person shall take the following investigative actions, as applicable:
1) Respond to a dispatched call for service as soon as practicable.
2) Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk.
3) Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy).
4) Broadcast a “Be on the Look-Out” (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211).
5) Make entries into the appropriate missing person networks as follows:
- Within 2 hours of the initial report, when the missing person is under 21 years old or is considered at risk.
- In all other cases, as soon as practicable, but not later than 4 hours from the time of the officer’s initial contact with the reporting party.
6) Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts.
7) Collect and/or review:
- A photograph of the missing person, if available.
- Any documents that may assist in the investigation, such as court orders regarding custody.
- Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers).
8) When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier.
9) Contact the appropriate agency if the report relates to a previously made missing person report and another agency is actively investigating that report.
When this is not practical, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person.
316.6 REPORT PROCEDURES AND ROUTING
True or false
Employees should complete all missing person reports and forms promptly and submit them for supervisor approval.
True
316.6.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of the supervisor shall include, but are not limited to:
1) Reviewing and approving missing person reports upon receipt.
2) Ensuring resources are deployed as appropriate.
3) Initiating a command post as needed.
4) Ensuring applicable notifications and public alerts are made and documented (Nixle, AMBER, etc.; See Public Alerts Policy)
5) Ensuring that records have been entered into the appropriate missing persons networks.
5) Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies.
6) If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction.
316.7 RECORDS MANAGEMENT RESPONSIBILITIES
The receiving member shall:
1) As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211).
2) Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211).
3) Notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s intended or possible destination, if known.
3) Forward a copy of the report to the Detective Bureau.
4) Coordinate with the NCIC Terminal Contractor for California to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (34 USC § 41308).
316.8 FOLLOW-UP TIMELINE
Adult Missing Person Cases:
True or false
The initial assigned investigator handles the 24 hour and one week follow ups, then forwards the case to the Homicide Detail for follow up.
True
316.8 FOLLOW-UP TIMELINE
True or false
Juvenile Missing Person/Runaway Cases:
The initial assigned investigator handles the 24 hour follow up, then forwards the case to the Youth Services Detail for follow up.
True
316.9 DETECTIVE BUREAU FOLLOW-UP
In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation:
1) Shall ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile. The notice shall be in writing and should also include a photograph (Education Code § 49068.6).
2) The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school.
3) Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party.
4) Should consider contacting other agencies involved in the case to determine if any additional information is available.
5) Shall verify and update CLETS, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (34 USC § 41308).
6) Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days.
7) Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (34 USC § 41308).
8) Should make appropriate inquiry with the Coroner.
Should obtain and forward medical and dental records, photos, X-rays and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250.
9) Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (34 USC § 41308).
10) Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (MUPS).
In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 586).
316.10 WHEN A MISSING PERSON IS FOUND
When any person reported missing is found, the assigned investigator shall:
1) document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted.
2) The assigned investigator shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213):
- The person’s name is removed from MUPS.
- The missing person’s school is notified, if applicable.
- Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours.
316.10.1 UNIDENTIFIED PERSONS
Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should:
1) Obtain a complete description of the person.
2) Enter the unidentified person’s description into the NCIC Unidentified Person File.
3) Use available resources, such as those related to missing persons, to identify the person.
