Detective Cards Flashcards
1
Q
Crime Scene Procedures
Member Responsibilities
The first member arriving at the scene of a crime will….
A
be in charge until the member receiving the call arrives, until relieved by his/her supervisor, or until the Detective Division sergeant arrives and officially announces he/she is taking charge.
2
Q
Crime Scene Procedures
Member Responsibilities
At all times, a specific member will be in charge. It will be his/her duty to:
A
a. Notify the Bureau of Emergency Communications (BOEC) of the type of incident and request additional members, if needed.
b. Arrest the suspect, if present.
c. Protect human life and property, and render aid.
d. Protect the crime scene by ensuring items within the scene are not disturbed. A supervisor may assign a specific scene security officer.
e. Identify and isolate witness(es) with particular attention to information that witnesses may overhear from police members or the police radio. Obtain names and addresses of witnesses and an initial statement.
f. Exclude all unauthorized persons (all persons who do not have an official duty to perform pertinent to the incident should be kept out of the protected crime scene).
g. A specific member shall be assigned to list all personnel who enter the crime scene on a Crime Scene Sign-in Sheet.
h. Relay information to Records Division (Records) Teletype and BOEC regarding the crime and suspects.
i. If the crime scene needs immediate continuing investigation by Detectives, BOEC will be notified.
BOEC will notify Detectives of the request and situation.
3
Q
Crime Scene Procedures
Member Responsibilities
If Detectives are not available or the member’s supervisor does not feel they are needed…
A
the member assigned the call will complete the investigation.
4
Q
Crime Scene Procedures
Member Responsibilities
All members entering a major crime scene will…
A
submit a report documenting the reason for being in the crime scene and all actions taken while there. Uniform members not assigned at the crime scene should patrol possible escape routes and not proceed to the actual crime scene.
5
Q
Crime Scene Procedures
A Detectives supervisor and/or detective from the Homicide Detail will be notified in the following cases:
A
- Homicides.
- Questionable deaths.
- Suicides.
- Serious assaults, with a possibility of death.
- Abduction/kidnap.
- Shootings or serious assaults involving police members, whether the member is the victim or not.
- Custody cases involving Aggravated Murder, Murder, Manslaughter, Assault I or II, or Kidnap I or II.
- Hate crimes.
6
Q
Crime Scene Procedures
A Detectives supervisor and/or detective from the Robbery Detail will be notified in the following cases:
(All robbery reports should be faxed prior to going off duty).
A
- Commercial robbery involving injuries or firearms discharge.
- All Robbery I and II custodies.
- Any Robbery I or II with suspect information and the need for immediate follow-up.
7
Q
Crime Scene Procedures
A Detectives supervisor and/or detective from the Sex Crimes Unit will be notified in the following cases:
A
- Rapes.
2. Sodomies.
8
Q
Crime Scene Procedures
A Detectives supervisor and/or detective from the Child Abuse Team (CAT). will be notified in the following cases:
A
- Sex offenses involving children under the age of 12, excluding expose cases.
9
Q
Crime Scene Procedures
What “Other Crimes” should Detective supervisor and/or detectives be notified of…
A
- Crimes eliciting unusual public interest or having unusual political implications.
- Unusual circumstances which might indicate that immediate detective follow-up is needed.
- If a patrol supervisor feels an investigation needs detective assistance, a Detective supervisor should be contacted to determine if a detective is available.
10
Q
Crime Scene Procedures
Detectives Responsibilities
Detectives assigned to the crime scene will:
A
a. Assume command of the investigation upon their arrival. They will be responsible only to their own supervisors and will contact an on-duty sergeant or relief commander, if it is necessary for uniform members to stay at the scene and assist.
b. Ascertain from uniformed members how far the investigation has progressed in order to avoid duplication of effort.
c. Obtain a detailed description of suspects and property for broadcast by BOEC.
d. Interview witness(es) or ensure uniform officers have obtained a thorough statement. All witnesses will be kept separated until after the interview.
e. Interview suspects.
f. Request additional aid through their supervisor, if needed.
g. When uniform members and detectives conduct a joint investigation of a major crime, it is the duty of the detective to make the formal report on the investigation. A copy of the original report and all additional reports (excluding homicide and member involved shootings) will be forwarded to the uniform division/precinct involved. In exceptional cases, copies of homicide and member involved shootings may be sent to the commander of the precinct.
11
Q
Crime Scene Procedures
Crime Scene Photography and Authorized Equipment
A
a. Only 35mm or digital cameras are authorized for use by uniform members.
b. A Criminalist will be called to photograph major crimes and fatal accident scenes.
c. Upon prior written approval of the precinct commander, members may use their personal cameras (35 mm only), if a Criminalist is unavailable. Film will be obtained from the Forensic Evidence Division (Forensics) and returned there for processing along with a copy of the police report. Negatives will be retained by Forensics.
d. Members are prohibited from using personal cameras to take pictures for their personal use at crime or accident scenes.
12
Q
Dying Declaration
Directive Specific Definition
Dying declaration:
A
“A statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death”
13
Q
Dying Declaration
Member Responsibilities
It must appear that the person making a dying declaration is..
A
aware of their impending death.
14
Q
Dying Declaration
Member Responsibilities
A subject making a dying declaration need not necessarily appear from an expressed statement, but may…
A
be inferred from signs, nods, pressure of the hand, or pointing to visible persons or objects in answering leading questions.
15
Q
Dying Declaration
Member Responsibilities
Whenever possible, a dying declaration should be taken from a victim when…
A
it is evident that the injured person may die.
16
Q
Dying Declaration
Member Responsibilities
A dying declaration, if at all possible..
A
should be reduced to writing, signed by the person making the declaration, and duly witnessed.
17
Q
Dying Declaration
Member Responsibilities
When there is neither time nor opportunity to reduce the dying declaration statement to writing the words used are still admissible as evidence, and the member cannot remember the exact language…
A
the member should state the substance, but it must be sufficiently clear and definite to indicate precisely the meaning and intent of the person making the statement.
And…
The statement, or substance of the statement, should be recorded in the member’s notebook.
18
Q
Dying Declaration
Member Responsibilities
A member taking a dying declaration should first ask the injured person…
A
if the person believes that they are about to die, and if possible, in the presence of witnesses,
19
Q
Dying Declaration
Member Responsibilities
When the member is informed by a licensed physician that the criminally injured person cannot recover…
A
the member will immediately notify a supervisor and the Detective Division (Detectives).
20
Q
Dying Declaration
Member Responsibilities
If Detectives or a supervisor can not be present to take the statement of the dying person do to the severity of injury to the person, then…
A
the member who is present and in charge, will proceed at once to obtain a dying declaration in the presence of witnesses. The dying declaration may be tape recorded if the dying person is specifically informed.
21
Q
Dying Declaration
Member Responsibilities
An example of informing a dying person of awareness of death and the recording of dying declaration…
A
I, __________________, believing that I am about to die and having absolutely no hope of recovering, do hereby solemnly declare that __________________ (name of accused), did on or about the_____ day of _______________ A.D., 200__, in the City of __________________, County of __________________, (here give the detail if injuries inflicted, or if a poisoning, state the detail as fully as possible).
I hereby declare that the above statement is the truth, the whole truth, and nothing but the truth, and that it is made by me under the fixed belief that I am about to die and I look to death as inevitable and at hand.
__________________
Signature
Witnesses: ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
__________________
__________________
Dated, Portland, Oregon __________________ 20_____
22
Q
Dying Declaration
Member Responsibilities
If the suspect who inflicted the injury to the victim is in custody, and time allows…
A
they will be brought before the dying person for the purpose of identification. This should be done in the presence of witnesses so that they may be able to testify as to the manner in which identification was made.
23
Q
Sexual Assault investigations
Responding Member Responsibilities
Responding member will inform his/her supervisor when detective contact is needed. The supervisor will make contact with Detective Division, who will determine the appropriate response.
A
Sex Crimes Unit (SCU) detectives:
Victims age 14 years and older involving non-family perpetrators
24
Q
Sexual Assault investigations
Responding Member Responsibilities
Responding member will inform his/her supervisor when detective contact is needed. The supervisor will make contact with Detective Division, who will determine the appropriate response.
A
Child Abuse Team (CAT) detectives:
Victims under 14 years old and all victims under 18 years old involving family perpetrators
25
Sexual Assault investigations
Responding Member Responsibilities
A SCU/CAT detective will be contacted when a suspect is in custody for:
a) Rape I.
b) Sodomy I.
c) Sex Abuse I.
d) Unlawful Sexual Penetration I and II.
26
Sexual Assault investigations
Responding Member Responsibilities
Incident circumstances include where SCU/CAT unit will be contacted:
a) Victim is able to articulate a crime has been committed and,
b) Crime is no more than 84 hours old, and,
c) Victim is willing to cooperate with an investigation (i.e. submit to a rape exam), or,
d) The nature or complexity of the crime requires a detective response.
A detective sergeant or shift sergeant may determine if a detective response is applicable if crime does not fall within parameters.
27
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If the rape and/or sodomy occurred within the past ____ hours, advise the victim to ____ and…
84 hours, advise the victim not to bathe, douche, or change clothes prior to hospital examination, since evidence present on the victim’s body and/or clothing may be destroyed.
b. Advise the victim to bring a complete change of clothing to the hospital due to possible seizure of the clothes currently being worn.
c. Gather physical evidence, see Evidence Disposition section.
d. Request through BOEC for a RVA to respond to the hospital and conduct a thorough victim interview in his/her presence (if available).
28
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If emergency medical treatment is required, the victim should be transported…
by ambulance to the nearest hospital or the hospital of their choice.
29
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If the particular hospital the victim is being treated at does not have Sexual Assault Evidence Kits, an officer or detective must…
obtain one from either Oregon Health Science University (OHSU) or Emanuel Hospital.
30
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If emergency medical treatment is not required, but a sexual assault examination is needed…
transport the victim to an appropriate hospital (OHSU or Emanuel).
31
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Victims aged _____ will be examined at Emanuel Hospital;
Victims aged _____ will be examined at OHSU
Victims under the age of 15 years will be examined at Emanuel (14 and under Emanuel)
Victims 15 years and older will be examined at OHSU.
32
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Following an examination, if it is needed, the member will provide the victim with…
Transportation
33
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If a detective does not respond; the officer is responsible to:
1. Transport the victim to the appropriate medical facility.
2. Sign, list agency, DPSST, and date the Medical Report Sexual Assault form to authorize a sexual assault examination as appropriate.
3. Conduct a thorough interview of the victim in the presence of an RVA (if one is available).
4. Call Forensic Evidence Division for photos of the victim and the scene.
5. Complete an Investigation Report and fax it to Detectives prior to the end of the shift.
34
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If a detective does respond, the member must…
follow directions given by the detective and leave a completed Special Report with the detective prior to leaving the hospital.
35
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Detective Responsibilities
a. Conduct a thorough investigation and gather evidence as appropriate. Provide direction on investigative responsibilities and procedures to the responding officer.
b. Conduct thorough follow-up on assigned cases and assist the District Attorney’s (DA’s) office with prosecution.
c. Complete a Forensic Laboratory Form and transfer the Sexual Assault Evidence Kit and any other items of evidence to the Oregon State Police Crime Lab, if necessary.
36
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Evidence Disposition
a. Members involved in investigating sexual assaults will complete a Property/Evidence receipt. How will the sexual assault evidence kit / victims undergarments / other clothing / other evidence be listed?
List the Sexual Assault Evidence Kit and the victim’s undergarments (underwear/panties) on one Property/Evidence Receipt. Any other clothing or evidence must be listed on a separate receipt and may be placed in any satellite property room.
37
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
OHSU property/evidence
At OHSU, issue a property receipt listing UniversityHospital in the Location Where Seized section. Record the name of the nurse placing the Sexual Assault Evidence Kit and victim undergarments in the OHSU satellite evidence locker in the Property Taken From section of property receipt. The pink copy is placed in the OHSU satellite evidence locker. The yellow copy is retained by the hospital or the nurse placing the evidence into the locker. Property Evidence Division (PED) personnel will pick up completed sexual assault kits and undergarments only from OHSU once a week.
38
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
At Emanuel and Portland Adventist property/evidence
At Emanuel and Portland Adventist hospitals, issue a Property Receipt listing the corresponding hospital in the Location Where Seized section. Since these hospitals have no on-site evidence lockers, members will need to collect the kit and undergarments, if any, and place them in any satellite property room lockers.
39
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Clothing and other evidence wet with blood or other body fluids are biohazards. Universal precautions are recommended, including:
Wet body fluids and dry blood: Rubber gloves, mask, and eye protection.
Dry body fluids and dry blood: Rubber gloves. If available, mask and eye protection.
40
Sexual Assault investigations
Anonymous Sexual Assault Report Guidelines (640.20)
House Bill 2154, signed into law on June 1, 2007, eliminates the requirement for law enforcement authorization prior to collection of an Oregon State Police (OSP) SAFE Kit. HB 2154 establishes a fund for victims of sexual assaults to obtain complete or partial medical assessment. Victims can obtain a medical assessment without law enforcement involvement. The identities of victims can be kept confidential to medical facilities per the victims’ request.
a. 9-1-1 will inform victims of their options of reporting and nonreporting and provide information to the crisis line for assistance, including transportation needs.
b. Medical facilities will contact advocacy services and will provide the victim their Jane Doe SAFE kit number for reporting purposes, should they choose to report within six months.
c. Members will assign a case number and retrieve evidence. Jane Doe reports are anonymous and confidential. Complete separate Property Evidence Receipts for rape kits and clothing evidence and document their evidence on the report.
d. Property Evidence employees collect kits from OHSU only. Members will collect kits from any other facility and place them in any satellite property room locker.
41
Child Abuse Investigations
POLICY (640.30)
The Bureau will provide confidential, sensitive service to the victim, concerned family and friends, while conducting thorough child abuse investigations. The Bureau will participate in a team approach with other service providers to protect the child, provide comprehensive and sensitive interviews, minimize the risk of contamination of evidence, and ensure the investigation is effectively and efficiently carried out on behalf of the child and family members involved.
In all instances, the protection of children shall be the highest priority.
42
Child Abuse Investigations
| Child abuse is:
a. Any physical injury to a child by other than accidental means, including any injury that appears to be at variance with the explanation given as cause for the injury.
b. Any mental injury to a child that will include only observable and substantial impairment of the child’s mental or psychological ability to function, caused by cruelty to the child, with due regard to the culture of the child.
c. Sexual abuse, including but not limited to rape, sodomy, sexual abuse, incest, and unlawful sexual penetration.
d. Sexual exploitation of a child including visual recording of sexual conduct of children.
e. Negligent treatment or maltreatment of a child including, but not limited to, failure to provide adequate food, clothing, shelter or medical care.
f. Threatened harm to a child; subjecting a child to a substantial risk of harm to the child’s health or welfare.
43
Child Abuse Investigations
| Family member is:
A father, stepfather, mother, stepmother, brother, sister, cousin, uncle, aunt, grandparent/step-grandparent, parent’s/guardian’s current or former live-in boyfriend or girlfriend, separated or divorced parent, foster parent and a legal guardian.
44
Child Abuse Investigations
| Serious physical injury is:
a. A physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, impairment of health or protracted loss of the functions of any bodily organ.
b. Injuries such as serious head trauma, broken bones, serious burns, etc.
c. Injuries, after initial medical treatment, that requires a child to be admitted to a hospital.
45
Child Abuse Investigations
| Suspicious physical injury:
Includes, but is not limited to, burns or scalds, extensive bruising or abrasions on any part of the body; bruising, swelling or abrasions on the head, neck or face; fractures of any bone in a child under the age of three; multiple fractures in a child of any age; dislocations, soft tissue swelling or moderate to severe cuts; loss of the ability to walk or move normally according to the child’s development ability; unconsciousness or difficulty maintaining consciousness; multiple injuries of different types; injuries causing serious or protracted disfigurement or loss or impairment of the function of any organ; and any other injury that threatens the physical well-being of a child.
46
Child Abuse Investigations
Responding Member Responsibilities
In all cases of reported physical or sexual child abuse, regardless if the report is unfounded, members will ___ _ ____ ____.
write a police report.
47
Child Abuse Investigations
Responding Member Responsibilities
In all cases of reported physical or sexual child abuse, under no circumstances, even if the allegations appear unfounded, will…
members give the Bureau of Emergency Communication (BOEC) a coded radio disposition in lieu of writing a report.
48
Child Abuse Investigations
Responding Member Responsibilities
Even unfounded calls require a…
Special Report, to conform to state child abuse reporting laws.
49
Child Abuse Investigations
Responding Member Responsibilities
When possible, an ____ _____ will handle calls of child abuse. If responding member is not ____ ____ then the member will request an ____ trained member. If one is not available then the dispatched member will handle the call.
MDT member
| MDT Trained
50
Child Abuse Investigations
Responding Member Responsibilities
The Child Abuse Team (CAT) or the Detective Division (Detectives) will be contacted to respond and coordinate the investigation of…
cases of recent sexual assault (within 84 hours) or serious physical injury where the child is hospitalized,
CAT may respond after hours and on weekends upon approval of a CAT supervisor.
51
Child Abuse Investigations
Responding Member Responsibilities
The responding member is responsible to coordinate…
the medical treatment, physical examination, and sexual assault kit unless they are relieved of this responsibility by another member or detective. The member’s report will document the person who assumed this responsibility, and the time they did so.
52
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
A child will be taken into protective custody by a member when:
a) The child is in imminent danger if not taken into protective custody.
b) There is a threat that abuse will occur if the child is not removed from the home (i.e., the child has been the victim of sexual molestation by a family member and that family member is still in the home, likely to return to the home or the other members of the family are not supportive of the victim).
c) There are no other alternative resources (such as a relative) to care for the child.
53
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
If a DHS worker is present, the member may do what regarding protective custody of a child
give the DHS worker custody of the child. In other circumstances, the member will transport the child to a confidential destination as directed by DHS or the Juvenile Intake Unit.
54
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
In all cases where a child is taken from a current custodian and given to another person, including a DHS worker…
a Custody Report will be written by the member.
55
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
The responding member is responsible for _______ even when a DHS worker is present.
the criminal investigation
56
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
A child may be taken into protective custody when:
1. A child under ten years of age is left without supervision.
2. The child’s conditions or surroundings reasonably appear to jeopardize the child’s welfare.
57
Child Abuse Investigations
Responding Member Responsibilities
___________ is the proper charge, rather than misdemeanor assault charges in physical child abuse cases. This includes domestic violence situations.
Criminal Mistreatment (ORS 163.205)
58
Child Abuse Investigations
Responding Member Responsibilities
When a member makes a custody arrest for Criminal Mistreatment I, the following procedure must be followed:
1. Contact a CAT supervisor.
2. If no detective is available, or the CAT supervisor advises the member to handle the case:
a) Advise suspect of his/her Miranda rights (using Detective’s standard form).
b) Interview suspect after waiver of rights.
c) Document suspect’s statements in report.
d) Place two copies of all reports and the suspect’s PPDS/LEDS printout into a case envelope.
e) If Polaroid photos are taken, place one set in the envelope for district attorney’s review.
f) Indicate the word Custody on the upper left margin of the case envelope.
g) Before leaving Detectives, place the envelope in the CAT mailbox for delivery to the CAT deputy district attorney (DDA).
f. Unless the call originated from the DHS Hotline, members must notify the Hotline of all suspected child abuse cases and indicate the time of notification at the beginning of the police report.
59
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
If a child is taken into protective custody, the member will make reasonable efforts
to notify the parents immediately, regardless of the time of day.
Notification may be in person, by telephone, or in writing.
60
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
When notifying parents Notification will include the following:
a) The fact that the child has been taken into custody.
b) The reasons why the child was taken into custody.
c) General information about the child’s placement (i.e., hospital, shelter home, JDH, etc.).
d) That a Juvenile Court hearing will occur the next court day.
e) The telephone number of the DHS Hotline.
61
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
The only exception to the parental notification will be at the direction of a ________ or….
CAT supervisor
or
where immediate notification of a parent may compromise the investigation or endanger other children. Under no circumstances will the member tell anyone (including a parent) the location of a foster/shelter care home, nor will it be listed in the member’s report.
62
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
If a child’s location is changed by a member’s intervention, (i.e., shelter care, medical hold or placed with a relative or friend), the following must be done:
a) A Custody Report must be written.
b) The DHS Hotline must be notified.
c) Copies of reports delivered to Juvenile Court intake as soon as possible, either in person or faxed, but in any event, prior to the end of shift.
63
Child Abuse Investigations
Responding Member Responsibilities
If an adult caretaker is arrested for child abuse, the arresting member will ________. This must occur even if the child is not taken into protective custody.
call the DHS Hotline
64
Child Abuse Investigations
Responding Member Responsibilities
In cases of physical abuse, if the child is in need of emergency medical treatment or evaluation…
The child should be transported by ambulance to the nearest hospital or hospital of family choice.
65
Child Abuse Investigations
Responding Member Responsibilities
In cases of physical abuse, If the child is in need of non-emergency medical treatment…
the member may transport the child to a medical facility.
66
Child Abuse Investigations
Responding Member Responsibilities
Members facilitating or taking a child to a hospital for treatment of a serious physical injury will…
immediately notify a CAT supervisor or Detective supervisor, if after normal business hours.
67
Child Abuse Investigations
Responding Member Responsibilities
When a member has reasonable cause to believe a child is a victim of sexual abuse and physical evidence is likely to be destroyed…
the member will follow procedures for investigating sex crimes and seek a physical examination for the collection and preservation of evidence, (i.e., sexual assault kit).
68
Child Abuse Investigations
Responding Member Responsibilities
A child __ years of age or older may refuse an examination. If the child’s parent or guardian refuses to allow medical evaluation, the member will…
12 years of age
take the child into protective custody or telephone Juvenile Court for authorization for treatment or contact Detectives for assistance, and complete a Custody Report.
69
Child Abuse Investigations
Responding Member Responsibilities
A child ___ years of age or younger will be transported to Emanuel Hospital. On weekdays a CAT supervisor can be contacted to arrange an emergency examination at CARES-NW.
14 years of age
70
Child Abuse Investigations
Responding Member Responsibilities
A child ____ years of age or older will be transported to the Oregon Health Sciences University Hospital (OHSU).
15 years
71
Child Abuse Investigations
Responding Member Responsibilities
Upon notification by the member, BOEC will arrange for a ______ _____ _____ to respond to the appropriate hospital.
Rape Victim Advocate (RVA)
72
Child Abuse Investigations
Responding Member Responsibilities
Regarding the number of times a child abuse victim is interviewed…
Efforts will be made to minimize the number of times child abuse victims are interviewed.
73
Child Abuse Investigations
Responding Member Responsibilities
Generally, children under _________ should not be interviewed by members not specifically trained in child interview techniques.
under ten years of age
74
Child Abuse Investigations
Responding Member Responsibilities
If investigating Physical abuse: Interview the child (if verbal) using…
using non-leading questions
75
Child Abuse Investigations
Responding Member Responsibilities
If investigating Sexual abuse: Children who are _____ or younger will not be interviewed, but will be referred to __________ or the assigned _______ or __________.
ten years of age
CARES-NW
DHS personnel
CAT detective
76
Child Abuse Investigations
Responding Member Responsibilities
Children over ten may be interviewed, but only to the extent necessary to establish a criminal allegation. For report purposes, members should thoroughly interview the person (s) to whom the child disclosed the abuse. Exceptions to this are as follows…
a) If the crime occurred within 84 hours, a short interview of the child is necessary to establish if the child will need a medical examination.
b) If the child (or other children) is at risk by a perpetrator still within the home, the child may be interviewed briefly to establish the need for protective custody.
Members, detectives, criminalists and DHS workers must coordinate efforts to secure photographic evidence of abuse.
77
Child Abuse Investigations
Responding Member Responsibilities
1. Pursuant to Oregon law (2007 HB 3328: Karly’s Law), any person conducting a child abuse investigation who observes a child who has suffered _________ _______ injury must immediately photograph the injuries. Anogenital injuries may only be photographed by a _____ _____ but even these injuries must be photographed immediately.
suspicious physical
| medical provider
78
Child Abuse Investigations
Responding Member Responsibilities
When photographing physical abuse, Digital photographs and/or 35mm, may be obtained by:
a) The responding member.
b) Detectives or the investigator.
c) Taking the child to Forensic Evidence Division (Forensics).
d) Requesting criminalists from the participating agency or Forensics to respond to the scene.
79
Child Abuse Investigations
Responding Member Responsibilities
3. If criminal prosecution is likely, 35mm or digital photos are preferred. A _____ ______ should be used in the photograph to assist in judging the _____ and _____ of the injuries.
scale reference
size
scope
80
Child Abuse Investigations
Responding Member Responsibilities
4. If a child is taken into protective custody, photos of the injuries may be taken for use at the preliminary hearing at Juvenile Court. Such photos will be…
delivered to Juvenile Court Intake as soon as possible. The photos will be handled according to DIR 660.10 Property and Evidence Procedures, subsection Transferring Evidence.
81
Child Abuse Investigations
Responding Member Responsibilities
Child neglect includes the omission of parental or caretaker responsibilities. Parents or caretakers are required to provide the necessities of life and protection from harm. Photographic documentation of un-healthy environments or unsafe conditions is important for criminal prosecution and juvenile court purposes. Specific investigative techniques include photographing:
a) Empty cupboards, messy sinks, insects, refrigerators, clogged sinks and toilets, feces, beds, drugs and drug paraphernalia, weapons, broken windows and other unsafe conditions.
b) The child and parent in the environment. If the parent has needle marks, photograph them.
c) Age dates on food containers or other items to show how long the condition has existed.
82
Child Abuse Investigations
Responding Member Responsibilities
If the initial response and investigation is conducted on public school premises, the school administrator will first be notified (unless the administrator is the subject of the investigation). By State law, it is at the member’s discretion whether…
a designated school staff member is at the interview. Their presence is not mandatory.
83
Child Abuse Investigations
Responding Member Responsibilities
Under no circumstances, even if the allegations appear unfounded, will members give BOEC a coded radio disposition in lieu of writing one of the following reports: An Investigation Report will be written if…
It appears a crime has been committed.
a) All injuries, no matter how minor will be described and documented in the report.
b) Description of the injuries will include listing the location on the child’s body; describing each injury by size, shape and color; and identifying the object that caused the injury if known.
84
Child Abuse Investigations
Responding Member Responsibilities
Under no circumstances, even if the allegations appear unfounded, will members give BOEC a coded radio disposition in lieu of writing one of the following reports: A Special Report will be written for…
All other instances (it appears a crime has NOT been committed), including unfounded calls.
85
Child Abuse Investigations
Responding Member Responsibilities
A Custody Report will be written when…
Arresting or citing a suspect or whenever a child’s location is changed by a member’s intervention, (i.e., shelter care, medical hold or placed with a relative, friend or DHS).
86
Child Abuse Investigations
Responding Member Responsibilities
Courtesy reports (Special Report) for outside agencies must be written for any of the following circumstances:
a) When the location of occurrence is outside Portland Police jurisdiction.
b) An outside agency advises they will not respond.
c) An outside agency requests a courtesy report.
87
Child Abuse Investigations
Responding Member Responsibilities
Do not list the ______ __ _______ in any report. This is confidential information and may only be obtained from DHS.
location of any shelter home
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Child Abuse Investigations
Responding Member Responsibilities
Members who observe a child who has suffered suspicious physical injury must ensure that a designated medical professional conducts a medical assessment within ______. This requirement may be satisfied by one of the following:
48 hours
1. Contacting CARES NW to arrange for a medical assessment.
2. Advising the responding detective of the child’s suspicious physical injury and need for a medical assessment within 48 hours.
3. In the absence of a responding detective, advising the DHS Hotline of the child’s suspicious physical injury and the need for a medical assessment within 48 hours.
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Child Abuse Investigations
Responding Member Responsibilities
Allegations of sexual exploitation involving visual recordings of sexual conduct of children have the potential to expand the investigation to a complex multi-jurisdictional investigation. Members responding to such allegations will:
1. Determine the media (printed, electronic, film, video tape, etc.) on which the visual recordings of sexual conduct of children exist.
2. Prohibit any person from further viewing or distributing the visual recordings of sexual conduct of children.
3. Lawfully secure items of potential evidentiary value by seizing them as evidence under a warrant consent or other exceptions to the warrant requirement. Extreme care should be taken when seizing computers and other electronic devices/media on which the recordings are stored to ensure the evidence is preserved.
4. Interview and obtain clear and detailed statements from witnesses who observed the recordings regarding the sexual conduct depicted in the visual recordings.
5. Notify the CAT supervisor and advise them of the circumstances in order to determine whether or not a detective will respond to coordinate the investigation.
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Child Abuse Investigations
Supervisor Responsibilities
Review and/or monitor child abuse investigations for completeness, including:
a. Verify notification of DHS (required for protective custody or suspected child abuse initially discovered by members).
b. Facilitate photographs digital for arraignment and 35mm for later prosecution.
c. Verify written reports for all child abuse calls, unfounded or not.
d. If a child was taken into custody, including protective custody, ensure Juvenile Court has copies of reports as soon as possible.
e. If a suspect is arrested, ensure reports and photos are delivered to the CAT mailbox in Detectives as soon as possible.
f. Ensure notification of a CAT supervisor if child is sexually assaulted (within 84 hours) or seriously injured (requiring hospitalization).
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Child Abuse Investigations
Detectives Responsibilities
a. Detectives will provide advice in response to members’ questions and inquiries.
b. CAT will maintain a 24-hour on-call supervisor who will provide immediate assistance and advice on child victim cases.
c. Detectives will respond to the appropriate hospital
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Child Abuse Investigations
Detective Responsibilities
Detectives will respond to the appropriate hospital when:
1. A child has been sexually assaulted within the last 84 hours and there is likelihood of obtaining evidence (sexual assault kit) by medical examination.
2. A child is hospitalized due to serious physical injury.
d. CAT will receive and review copies of all child abuse reports. A CAT supervisor may staff such reports with the DA and/or DHS representatives of the team. A decision will then be made to either assign a case for investigative follow-up or to refer it to DHS.
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Child Abuse Investigations
Forensic Evidence Division Responsibilities
If the child is taken into protective custody, photos of injuries will be taken for use at the preliminary hearing. If this is a Measure 11 crime with visible injury…
Forensics will respond to take photographs.
If criminal prosecution is likely, digital or 35mm photos of the injuries will be taken.
Criminalists will confer with the investigating member to determine what types of photos are needed, location on the victim’s body to be photographed and the best location for photography.
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Child Abuse Investigations
Records Division Responsibilities
Records will provide copies of all child abuse reports, founded and unfounded, to…
Department of Human Services (DHS), per ORS 419A.255 Maintenance; Disclosure; Providing Transcript; Exceptions to Confidentiality.
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Child Abuse Investigations
BOEC Responsibilities
Should the DHS Hotline receive the incoming call first, DHS will determine if a police response is necessary and contact…
BOEC to dispatch a uniform member to take the report.
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Child Abuse Investigations
BOEC Responsibilities
Incidents of child sexual abuse can be coordinated between the DHS Hotline and the Telephone Report Unit (TRU) whereby TRU may take the report only under the following conditions:
1. The child is currently safe and away from the perpetrator and the incident is being reported 84 hours after occurrence.
2. The caller is reluctant to make a direct report to a uniform member.
3. The caller is out of the area and their local law enforcement agency will not take a courtesy report regarding an incident that occurred within Portland.
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Polygraph Examination
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POLICY
The polygraph (i.e., lie detector) is a valuable investigative tool that may be used in conjunction with, but not as a substitute for, a thorough investigation. The polygraph may be employed to verify, corroborate or refute statements, and narrow or focus investigative leads. The polygraph can assist in verifying and/or eliminating possible suspects and, in some situations, enhances the credibility of victims, witnesses, and informants.
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A successful polygraph examination is dependent on a thorough investigation being conducted prior to the exam. Failure to do so may invalidate the results.
The polygrapher conducting the examination must be licensed by the State of Oregon as provided in ORS or under similar regulations in other states or federal jurisdictions. The polygraph is the only instrument for detection of deception that is authorized for use in criminal investigations and, therefore, will be the only instrument used by the Portland Police Bureau for such a purpose. Use of any other instrument purporting to be a detection of deception device is forbidden.
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Polygraph Examination
PROCEDURE (640.75)
Directive Specific Definitions
Exam or examination: The polygraph examination.
Polygrapher: A licensed operator of a polygraph.
Proficiency: A person skilled in the English language to understand, and be understood by other English speakers.
Subject: The person the polygraph exam is being administered to.
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Polygraph Examination
Appropriate use of a Polygraph Examination
The results of a polygraph exam are admissible in court when the exam is administered:
a. In support of a warrant.
b. Is a condition of probation for sex offenders.
c. For probationary maintenance.
d. For bail hearings.
e. For suppression hearings.
f. For prison discipline hearings.
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Polygraph Examination
Appropriate use of a Polygraph Examination
Confessions and incriminating statements obtained during these examinations may be admissible in court. The polygraph will not be used for the following:
a. Probable cause, arrest, prosecution, or withholding of property.
b. Employment purposes.
c. On employees who are the subject of an internal or criminal investigation.
There are exemptions to this. See the Employee Protection Act of 1988, the Portland Police Association Contract and ORS 659A.300 for details.
d. To examine sex crime victims as a condition of prosecution.
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Polygraph Examination
Inappropriate Polygraph Exam Subjects
The polygraph is an instrument that records the physiological responses of a subject to the questions he/she is being asked. There are certain types of subjects who generally should not be tested due to their adverse mental, physical or emotional states.
Subjects that may be inappropriate for testing are in one or more of the following categories:
a. An I.Q. that is below 70.
b. Younger than 14 (too immature).
c. Is under the influence of drugs or alcohol.
d. Is pregnant.
e. Has a medical history that includes:
1. Being prone to seizures.
2. Respiratory illness.
3. Recent major surgery.
4. Recent serious injury.
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Polygraph Examination
Inappropriate Polygraph Exam Subjects
Examples of “recent serious injury” (when related to inappropriate persons to text) include but are not limited to…
Is experiencing non-chronic pain, such as a headache, and/or suffering from lack of sleep.
Has been involved in a lengthy interview or interrogation just prior to the exam.
Is emotionally involved in a traumatic incident. This would include, for example, witnessing the event, or the loss of a loved one in a homicide. A subject in this category may be rescheduled at a later date for the exam.
Has suffered a recent emotional shock, such as loss of a job.
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Polygraph Examination
Member Responsibilities
Members wanting to schedule a polygraph exam need to contact the _______ _______, who is responsible for scheduling the exam; or if the _______is unavailable, the _______ at Detectives.
polygrapher at the Detective Division
polygrapher
clerical staff
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Polygraph Examination
Member Responsibilities
Members need to confirm that the following is completed before scheduling the exam:
Ensure that a thorough investigation of the crime has been done.
All witnesses, victims, and suspects must be interviewed prior to the exam.
1. Subjects should be interviewed in person, when possible.
2. Subjects who are scheduled for an exam must be told in advance of the exact nature of the allegations. A subject who hears the allegations for the first time at the exam could feel angered and/or alarmed. This could affect the results of the exam.
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Polygraph Examination
Member Responsibilities
All reports for the case should be supplied to the polygrapher at least _____ prior to the exam. Subject should be advised of the following:
five days
1. Date, time and location of the exam.
2. Exam will typically last three to four hours.
3. No attorneys or other individuals are allowed to be present during the examination.
Exceptions to this are at the discretion of the polygrapher, and are limited to interpreter or polygraph students.
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Polygraph Examination
Member Responsibilities
The will _________ explain the entire procedure to the subject at the exam appointment.
Polygrapher
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Polygraph Examination
Member Responsibilities
Subjects need to be proficient in English for the exam to be successful. A subject not proficient in English will be provided an interpreter during the exam. Therefore the polygrapher should be…
notified in advance of scheduling the appointment if English is not the subject’s native language.
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Polygraph Examination
Polygrapher Responsibilities
a. The polygrapher will administer the test.
b. The polygrapher determines when an interpreter is required.
c. The polygrapher will make all arrangements for obtaining the services of an interpreter.
d. The polygrapher will generate a special report detailing the interview with the subject and the examination results.
