4.104 Domestic Violence Investigations Flashcards
When making a determination if a situation may involve domestic violence or battery, which relationships would constitute BATTERY?
Current roommates,
siblings (related by blood or marriage, except those in custodian/guardianship relationship with each other),
Cousins (except those in custodian/guardianship relationship with each other).
When making a determination if a situation may involve domestic violence or battery, which relationships would constitute DOMESTIC VIOLENCE?
Siblings or cousins in a custodial/guardianship relationship with each other;
Related by blood or marriage (excluding siblings/cousins not in a custodial relationship);
Spouses; former spouses; or, have or have had a dating relationship; the minor child of any of these persons;
Have a child in common; or the custodian/guardian of the minor child.
A patrol officer is conducting a preliminary investigation for suspected domestic violence, are they allowed to interview children who may be witnesses?
[Officers will…] Interview all witnesses, including any children who had contact with the victim or suspect (prior, during, or after crime). Officers are permitted to question children present. Ask open-ended questions such as, “What happened? What did you see/hear/feel? Are you OK?” Be cognizant of the child’s age and demeanor.
Patrol officers will immediately contact their supervisor in cases when:
a. Felony domestic violence has occurred.
b. A law enforcement employee of any agency is involved as a suspect or victim.
c. Parties involved are believed to be a pimp and prostitute.
d. A suspect under arrest has a previous conviction for domestic violence and is in possession of a firearm and/or ammunition.
e. A mutual arrest is considered.
If officers develop probable cause for a suspect who is on scene during their investigation, they must make a warrantless arrest if the battery constituting domestic violence was committed when?
within the preceding 24 hours.
If officers develop probable cause for a suspect who is not on scene during their investigation (e.g., fled before police arrived), they must make a warrantless arrest if the battery constituting domestic violence was committed when?
within the preceding seven days.
a) The seven-day window starts when the battery occurred, not upon the call for service or when officers establish probable cause.
b) Officers will make a probable cause warrantless arrest within seven days for the battery domestic violence if there is lawful access to the suspect (e.g., returns to the scene, sidewalk, retail business, park, etc.).
c) Absent exigency, a warrant is required to make a probable cause arrest for the battery domestic violence within seven days upon the suspect’s residence (see LVMPD 5.100, Search and Seizure, “Structure/Residence Searches”).
Patrol officers develop probable cause for battery constituting domestic violence for a suspect who fled the scene prior to officers’ arrival. Later, officers learn that he is back at his residence, can they conduct a knock and talk to arrest him?
Officers will not conduct a consensual encounter knock-and-talk as a pretext to make an arrest for domestic violence.
Can officers make mutual arrests for battery constituting domestic violence if they develop probable cause for each involved party?
Yes, however, mutual arrests are discouraged. When officers have probable cause to believe that both parties have committed battery constituting domestic violence (a mutual battery), officers will attempt to determine the primary physical aggressor.
What factors will officers consider when making a mutual arrest for battery constituting domestic violence?
a) Prior domestic violence involving either person.
b) The relative severity of the injuries inflicted upon the persons involved (e.g., a slap in the face versus a broken arm, or offensive versus defensive injuries).
c) The potential for future injury.
d) Whether one of the alleged batteries was committed in self-defense.
e) Any other factors that may help the officer decide which person is the primary physical aggressor (e.g., corroborating evidence, statements, witnesses, or damage to property).
When a suspect is being arrested and there is an indication the suspect has a previous conviction for domestic violence or conviction for battery that constitutes domestic violence, and is in possession of a firearm and/or ammunition, the officer will:
a. Verify the suspect’s prior conviction(s) pursuant to NRS 33.018 and NRS 200.485 (to include offense and conviction, date, court, and/or event number).
b. Interview the suspect/witness to determine the nature of the relationship (see the Domestic Violence vs. Battery diagram and the Criminal Offense Handbook) to make an arrest.
1) If there is no probable cause for the additional charge of a prohibited person in possession of a firearm pursuant to NRS 202.360, the firearm may be impounded for safekeeping.
c. If an arrest is made for a prohibited person in possession of a firearm, the officer will:
1) Complete a Firearms Notification (LVMPD 181) and fax it to the local office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and LVMPD CCW Dispositions Detail.
2) Impound the firearm and/or ammunition as evidence, and write on the impound form, “Evidence - Prohibited Person.” Write in the circumstances section of the impound form, “firearms impounded, prohibited person,” and explain the reason they are prohibited (i.e., “Previous conviction for domestic violence”).
A SafeNest advocate should be requested as early as possible via radio once the investigation has established the following:
1) Strangulation is alleged.
2) Reasonable belief there is a firearm(s) at the residence.
3) The victim, upon learning of SafeNest services from officer, asks for a SafeNest advocate to be called.
4) The involved parties have significant repeated calls for service.
If parties involved [in a battery constituting domestic violence] are believed to be a pimp and prostitute, the patrol supervisor will do what?
immediately notify the Vice Section
In cases when a law enforcement employee of any agency is involved as a suspect or victim of domestic violence, the patrol supervisor will do what?
immediately notify the watch commander and the area lieutenant to respond.
a. The watch commander will contact the Criminal Investigations Section (CIS) supervisor if the domestic violence suspect/victim is an LVMPD employee (see LVMPD 8.200, Criminal Investigations Involving Law Enforcement Employees).
FJC detectives will investigate the following crimes:
- Domestic battery by strangulation.
- Domestic battery with a deadly weapon, including shooting-related charges (i.e., discharging a firearm at/into an occupied structure or vehicle). The intended victim must have a relationship with the suspect as defined in NRS 33.018.
- Assault domestic violence with use of a deadly weapon.
- Domestic battery (third offense).
- Domestic battery with prior felony convictions. The prior felony conviction must be a domestic violence offense.
