Directives Flashcards

1
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

Any member who receives a complaint of criminal conduct by another member or has knowledge of any criminal conduct by a member, or has knowledge of any criminal investigation of a member, shall immediately notify their Shift Supervisor or any of the following:

A

Reporting member’s Responsibility Unit Manager.
Any Assistant Chief (AC).
IA Captain.

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2
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

Any member in a supervisory or higher position listed above shall forward the complaint to…

A

The Detective Division Commander.

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3
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

Any member who observes criminal conduct by another member has a duty to….

A

Reasonably intervene if safe and feasible. Members shall immediately notify their supervisor or any individual listed above.

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4
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

Any member who is arrested, charged, or becomes aware that they are the subject of a criminal investigation shall ensure that their direct supervisor or, if unavailable, an on-duty supervisor is notified ________, but no later than _______. The appropriate supervisor shall notify, through channels, the ______________.

A

As soon as practical
24 hours
Assistant Chief of Investigations

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5
Q

Criminal Investigations of Police Bureau Employees

Detective Division Commander Responsibilities.

A
  • Brief the AC of Investigations within 24 hours of receipt of complaint for determination of investigative unit assignment.
  • Notify the IA Captain or designee within 24 hours.
  • Conduct monthly meetings with IA to provide IA information concerning criminal investigations, as well as provide the IA Captain with a status of the case (i.e., ongoing interviews, reports written, awaiting evidence, interviews or discussions with District Attorney’s Office, etc.).
  • Ensure the original case reports are delivered to the AC of Investigation and IA Captain when the investigation is complete.
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6
Q

Criminal Investigations of Police Bureau Employees

AC of Investigations Responsibilities.

A
  • Ensure the Chief is informed at the outset of the criminal investigation and provide updates on active criminal investigations.
  • Notify the IA Captain or designee and the Detective Division Commander of any member who is arrested or charged in a criminal investigation.
  • Determine what investigative unit shall be responsible for the criminal investigation of any Bureau employee providing the alleged criminal incident occurred in the City of Portland.
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7
Q

Criminal Investigations of Police Bureau Employees
Investigations

For alleged criminal actions by Bureau members occurring within the city of Portland, the Chief or designee may request _________ or prosecutorial agency to conduct the criminal investigation concurrent with the administrative investigation conducted by PPB.

A

An outside law enforcement

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8
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

Internal Assignment
The assigned investigative unit supervisor shall:

A
  • Assign appropriate criminal investigators to the case.
  • In making the assignment, the supervisor shall avoid any real or perceived bias or conflict of interest, as well as consider investigative expertise and resource availability.
  • Contact IA and provide the case number, complainant’s name, subject member’s name, name of investigators, and a summary of each allegation.
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9
Q

Criminal Investigations of Police Bureau Employees
Preliminary Investigations

Investigators shall conduct a preliminary investigation and brief ________ or designee who shall determine the appropriate investigative strategy.

A

The Detective Division Commander

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10
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.
If the investigation indicates the complaint is without merit, the investigator shall submit a confidential memorandum, through channels, to the ___________, detailing specific, articulable facts to close the case. The __________ will create a case number for intakes of this nature.

A

AC of Investigations

Detective Division

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11
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.

If the preliminary investigation indicates the need for further inquiry, the investigator shall:

A
  • Comport with the terms of applicable collective bargaining agreements when questioning Bureau members during a criminal investigation.
  • Obtain, or cause to be obtained, a privatized and confidential -Police Bureau case number from the Records Division Supervisor or via direct entry. If the case number is obtained by direct entry, then the investigator shall provide the case number to the Records -Division Supervisor within 72 hours.
  • Contact the District Attorney’s Office or other appropriate prosecutorial agency for assignment of a Deputy District Attorney or prosecutor to the investigation to coordinate investigative and judicial proceedings.
  • The investigator shall conduct a complete and thorough investigation.
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12
Q

Criminal Investigations of Police Bureau Employees
Member Responsibilities.
Investigation Completion.
The Detective Division Commander or designee shall send the final case file to…

A

The IA Captain.

IA shall archive all criminal investigation case files.

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13
Q

Criminal Investigations of Police Bureau Employees
IA Captain Responsibilities.

To ensure that concurrent administrative investigations of all cases involving criminal investigations of Bureau members are tracked and completed, the IA Captain shall:

A
  • Maintain a Criminal Internal database that includes case number, complainant’s name, subject member’s name, name of investigators, case status, allegation summaries, and the opening and closure dates of investigations.
  • Meet monthly with Independent Police Review (IPR) and the AC of Investigations or designee to discuss the commencement and ongoing coordination of criminal and administrative investigations, but shielding all IA Garrity-protected administrative investigative material from disclsure.
  • Act in accordance with Directive 330.00, Internal Affairs, Complaint Intake, and Processing, and investigate in accordance with Directive 332.00, Administrative Investigations, upon receipt of a complaint of criminal conduct.
  • Document delays due to protection of the integrity of the criminal investigation.
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14
Q

Criminal Investigations of Police Bureau Employees

Concurrent criminal and administrative investigations.

A
  • An administrative investigation into allegations of misconduct shall be conducted at the same time as the criminal investigation so long as it does not compromise the criminal investigation. In these situations, the following procedures will apply:
  • A clear line of separation shall be maintained between those individuals responsible for the criminal process and those responsible for the administrative process.
  • No information from a Garrity-protected administrative interview or any information derived from the Garrity-protected interview shall be shared with the District Attorney’s (or other prosecutor’s) Office or anyone involved in the criminal investigation.
  • All information developed in the criminal investigation shall be forwarded to IA.
  • The IA Captain shall take all steps necessary to prevent the disclosure of information from administrative interviews of any employee subject to a criminal investigation. This includes securing interview recordings and transcripts.
  • If the criminal investigation is ongoing, no one from the Investigations Branch, including the AC of Investigations, shall review findings and/or participate in or attend any Police Review Board proceeding associated with the case.
  • Administrative staff authorized to conduct work on the case shall be limited strictly to those individuals necessary to conduct the work.
  • If necessary at the outset of the administrative investigation, the Chief and IA Captain shall prepare a memorandum outlining specific procedures for maintaining the line of separation between the criminal and administrative investigations, including who is authorized to possess information about the administrative case.
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15
Q

Criminal Investigations of Police Bureau Employees
Outside Jurisdiction

For a case in which a criminal investigation is being conducted by another agency, the following procedures shall apply:

The IA Captain or designee shall:

A
  • After receiving notification that an outside criminal investigation is being conducted, inform the AC of Investigations within 24 hours.
  • Act as the liaison with the other jurisdiction to monitor the progress of the investigation and court action if the alleged criminal conduct occurred outside the City of Portland boundaries.
  • The role of the liaison is to offer assistance and gather information without influencing the course of the investigation.
  • Coordinate investigative actions (such as interviews) with the agency conducting the investigation and/or the prosecutor so as to avoid jeopardizing the criminal case.
  • Ensure that no information from the administrative investigation is shared with anyone involved in the criminal investigation or prosecution.
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16
Q

DEAD BODY PROCEDURE

Directive Specific Definitions:

A

The code 55-A will be used when describing a homicide situation. The code 55-K will be used when describing all other deaths.

Medical Response: If the officer observes any signs of life, medical shall be requested to the scene to provide medical attention or determine death. Medical personnel on scene will determine whether the patient will be transported to a medical facility.

Preservation of a Death Scene: If there is a possibility that a crime has been committed, the scene will be preserved by the officers and supervisors on scene until relieved by an investigator or supervisor from the investigative detail.

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17
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

The Medical Examiner’s office shall be contacted and provided the details and circumstances surrounding the death. When death appears to have resulted from natural causes and no physician is available to sign the death certificate, or it is uncertain if a physician will sign the death certificate, the Medical Examiner (ME) shall be notified. The member may contact the ME’s office directly or request the ME through BOEC. After discussing the circumstances with the member, the ME may choose to respond to the scene or authorize the release of the remains to a mortuary.

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18
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

The member shall not disturb…
the body or property at the scene of the death, nor permit any other person, other than the ME, to do so (exception noted in paragraph c. 1). Access to the scene should be restricted to preserve evidence.

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19
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

The member shall assist the ME in investigating…

the conditions surrounding the death.

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20
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

When the death appears to have resulted from natural causes and a licensed physician who will sign the death certificate responds to the scene…
Members have no further responsibility except to provide any reasonable assistance requested by the deceased’s family in their time of need. Members may occasionally be called to the scene of the death of a hospice patient. Hospice situations in Multnomah County can be identified by the presence of a red envelope containing medical information and orders. Hospice patients are under the care of a licensed physician who will sign the death certificate; therefore, the above procedure is applicable.

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21
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

When death has apparently resulted from an apparent drug overdose, suicide, or natural causes (with no family or physician present) and there is no suspicion of foul play, the member shall…
Immediately notify the ME’s office. The ME will respond to the scene and verify the cause of death. If there are no suspicious circumstances surrounding the death, the body will be removed by the ME and the member will prepare the appropriate investigative report.

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22
Q

When death has apparently resulted from an apparent drug overdose, suicide, or natural causes (with no family or physician present) and there is no suspicion of foul play, the member shall…
Immediately notify the ME’s office. The ME will respond to the scene and verify the cause of death. If there are no suspicious circumstances surrounding the death, the body will be removed by the ME and the member will prepare the appropriate investigative report.

A

Contact the Homicide sergeant on duty during business hours or the on-call Homicide sergeant after hours, and have them respond to the scene to investigate the suspicious circumstances surrounding the death.
Contact DVD sergeant during business hours or the on-call DVD sergeant after hours, and have them respond to the scene to investigate the drug connection surrounding the overdose.

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23
Q

DEAD BODY PROCEDURE
When death has been established

The examination of the body and the determination of the cause and manner of death will be the responsibility…

A

Of the ME’s office

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24
Q

DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:

The responsibility for the criminal investigation will be assumed by…

A

The investigating detectives or a detective sergeant upon their arrival

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25
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

If the member determines that the death is an obvious homicide or the circumstances exist that may lead to a homicide investigation…
the Homicide sergeant on duty during business hours or the on-call Homicide sergeant after hours, shall be contacted by the supervisor on the scene.
The ME shall also be notified of the homicide or the suspicious death. The ME may choose to defer responding to the scene until after the initial assessment by the Homicide sergeant.

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26
Q

DEAD BODY PROCEDURE

When death has been established, the following actions shall be taken:

A

When death has resulted from a traffic accident
The Traffic Division shall be responsible for the complete investigation into the circumstances surrounding the accident and exchange information, as necessary, with the ME’s office.

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27
Q

DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:

When a death has occurred on a waterway with the City, _______ will be responsible for the investigation. If a death, or a crime leading to a death, occurs on land, but the body is found in a waterway, ______ will be responsible for the investigation. MCSO will assist the Bureau with retrieval and transportation of the body, if needed. If a body is found in a waterway, and the initial investigation is unable to determine the investigative responsibility for the scene….

A

MCSO
Bureau members
Detectives and MCSO will consult with each other to determine the responsibility for the investigation.

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28
Q

DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:

When the body is to be turned over to the ME’s office, it shall be searched by…

A

A representative of that office only. Members will not search the body unless otherwise directed by the ME’s office.

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29
Q

DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:

The member who has been in charge of the body until the arrival of the ME will remain and be present during the search. The member shall, when possible…

A

Remain and sign the ME’s property receipt as a witness. The member will then be provided a copy of the receipt and will attach it to his/her report.
It shall be the responsibility of the assigned member to protect the body and its effects from theft or tampering prior to the arrival of the ME.

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30
Q

DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:

It is the responsibility of the ME’s office to notify…

A

Relatives or friends of the deceased. The Bureau shall honor any reasonable request from the ME’s office for assistance in this matter.

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31
Q

DEAD BODY PROCEDURE

Drugs and Vice Division (DVD) Responsibilities

A

The principal criteria for mounting a DVD investigation response will be the presence of actionable investigative leads that offer a strong likelihood of identifying a suspect involved in the distribution of the drugs associated with the overdose death.
The DVD sergeant will evaluate the information provided by the responding officers and determine whether to call out an investigator. If the DVD sergeant believes the case may be something other than an overdose, he/she will re-contact the Detective Division. The Forensic Evidence Division (Forensics) will be contacted for photographs when DVD responds to investigate an overdose death. The DVD investigator will coordinate the investigation with the ME’s office.
If DVD declines to respond, members will conduct the case as any death investigation:
Members will assist the ME’s office and write a report.
Identify and collect any evidence they believe may be relevant (after consultation with the ME’s office).
Contact the DVD sergeant if any new information develops that may lead to identification of the drug dealer.

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32
Q

DEAD BODY PROCEDURE

Homicide Detail Responsibilities:

A

The Homicide sergeant will communicate with the supervisor on the scene to ensure that the scene and evidence are being preserved.
The Homicide sergeant will coordinate the response of the detectives, criminalists from Forensics, the district attorney’s office, the ME, and any support units necessary for the investigation.
Upon arrival, the Homicide sergeant or designee will assume command of the scene and the investigation.
Criminalists from Forensics will process the scene and collect any evidence identified as pertinent to the investigation.
When requested to respond, or if already present, the ME assumes responsibility for the body and the removal of the body from the scene.

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33
Q

Crime Scene Procedures

Member Responsibilities

A

The first member arriving at the scene of a crime will….
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.

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34
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.

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35
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.

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36
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.

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37
Q

Crime Scene Procedures

A Detectives supervisor and/or detective from the Homicide Detail will be notified in the following cases:

A
  1. Homicides.
  2. Questionable deaths.
  3. Suicides.
  4. Serious assaults, with a possibility of death.
  5. Abduction/kidnap.
  6. Shootings or serious assaults involving police members, whether the member is the victim or not.
  7. Custody cases involving Aggravated Murder, Murder, Manslaughter, Assault I or II, or Kidnap I or II.
  8. Hate crimes.
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38
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
  1. Commercial robbery involving injuries or firearms discharge.
  2. All Robbery I and II custodies.
  3. Any Robbery I or II with suspect information and the need for immediate follow-up.
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39
Q

Crime Scene Procedures

A Detectives supervisor and/or detective from the Sex Crimes Unit will be notified in the following cases:

A
  1. Rapes.
  2. Sodomies.
    d. Child Abuse Team (CAT).
  3. Sex offenses involving children under the age of 12, excluding expose cases.
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40
Q

Crime Scene Procedures

What “Other Crimes” should Detective supervisor and/or detectives be notified of…

A
  1. Crimes eliciting unusual public interest or having unusual political implications.
  2. Unusual circumstances which might indicate that immediate detective follow-up is needed.
  3. If a patrol supervisor feels an investigation needs detective assistance, a Detective supervisor should be contacted to determine if a detective is available.
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41
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.

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42
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.

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43
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”

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44
Q

Dying Declaration
Member Responsibilities

It must appear that the person making a dying declaration is..

A

aware of their impending death.

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45
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.

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46
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.

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47
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.

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48
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.

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49
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,

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50
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).

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51
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.

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52
Q

Dying Declaration

Member Responsibilities

An example of informing a dying person of awareness of death and the recording of dying declaration…

A

An example of informing a dying person of awareness of death and the recording of dying declaration…

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_____

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53
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.

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54
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.
Sex Crimes Unit (SCU) detectives:

A

Victims age 14 years and older involving non-family perpetrators

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55
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.
Child Abuse Team (CAT) detectives:

A

Victims under 14 years old and all victims under 18 years old involving family perpetrators

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56
Q

Sexual Assault investigations
Responding Member Responsibilities

A SCU/CAT detective will be contacted when a suspect is in custody for:

A

a) Rape I.
b) Sodomy I.
c) Sex Abuse I.
d) Unlawful Sexual Penetration I and II.

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57
Q

Sexual Assault investigations

Responding Member Responsibilities

Incident circumstances include where SCU/CAT unit will be contacted:

A

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.

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58
Q

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.

A

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).

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59
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

If emergency medical treatment is required, the victim should be transported…

A

By ambulance to the nearest hospital or the hospital of their choice.

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60
Q

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…

A

Obtain one from either Oregon Health Science University (OHSU) or Emanuel Hospital.

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61
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

If emergency medical treatment is not required, but a sexual assault examination is needed…

A

Transport the victim to an appropriate hospital (OHSU or Emanuel).

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62
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

Victims aged _____ will be examined at EmanuelHospital;
Victims aged _____ will be examined at OHSU

A

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.

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63
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

Following an examination, if it is needed, the member will provide the victim with…

A

Transportation

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64
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

If a detective does not respond; the officer is responsible to:

A
  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.
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65
Q

Sexual Assault investigations

Officer/Detective Investigative Responsibilities

If a detective does respond, the member must…

A

follow directions given by the detective and leave a completed Special Report with the detective prior to leaving the hospital.

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66
Q

Sexual Assault investigations
Officer/Detective Investigative Responsibilities

Detective Responsibilities

A

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.

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67
Q

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.

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68
Q

Sexual Assault investigations
Officer/Detective Investigative Responsibilities

OHSU property/evidence

A

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.

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69
Q

Sexual Assault investigations
Officer/Detective Investigative Responsibilities

Emanuel and Portland Adventist; property/evidence

A

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.

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70
Q

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:

A

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.

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71
Q

Sexual Assault investigations
Anonymous Sexual Assault Report Guidelines

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

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.

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72
Q

Child Abuse Investigation

POLICY

A

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.

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73
Q

Child Abuse Investigations

Child abuse is:

A

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.
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.

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74
Q

Child Abuse Investigations

Serious physical injury is:

A

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.

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75
Q

Child Abuse Investigations

Suspicious physical injury:

A

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.

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76
Q

Child Abuse Investigations

Responding Member Responsibilities

In all cases of reported physical or sexual child abuse, regardless if the report is unfounded, members will ___ _ ____ ____.

A

Write a police report.

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77
Q

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…

A

members give the Bureau of Emergency Communication (BOEC) a coded radio disposition in lieu of writing a report.

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78
Q

Child Abuse Investigations

Responding Member Responsibilities

Even unfounded calls require a…

A

Special Report, to conform to state child abuse reporting laws.

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79
Q

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.

A

MDT member

MDT Trained

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80
Q

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…

A

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.

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81
Q

Child Abuse Investigations

Responding Member Responsibilities

The responding member is responsible to coordinate…

A

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.

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82
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

A child will be taken into protective custody by a member when:

A

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.

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83
Q

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

A

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.

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84
Q

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

A Custody Report will be written by the member.

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85
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

  1. The responding member is responsible for _______ even when a DHS worker is present.
A

The criminal investigation

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86
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

A child may be taken into protective custody when:

A
  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.
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87
Q

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.

A

Criminal Mistreatment (ORS 163.205)

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88
Q

Child Abuse Investigations

Responding Member Responsibilities

When a member makes a custody arrest for Criminal Mistreatment I, the following procedure must be followed:

A
  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.
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89
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

If a child is taken into protective custody, the member will make reasonable efforts to…

A

Notify the parents immediately, regardless of the time of day.
Notification may be in person, by telephone, or in writing.

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90
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

When notifying parents, Notification will include the following:

A

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.

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91
Q

Child Abuse Investigations

Responding Member Responsibilities
Protective custody.

The only exception to the parental notification will be at the direction of a ________ or….

A

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.

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92
Q

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

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.

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93
Q

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.

A

Call the DHS Hotline

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94
Q

Child Abuse Investigations

Responding Member Responsibilities

In cases of physical abuse, if the child is in need of emergency medical treatment or evaluation…

A

The child should be transported by ambulance to the nearest hospital or hospital of family choice.

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95
Q

Child Abuse Investigations

Responding Member Responsibilities

In cases of physical abuse, If the child is in need of non-emergency medical treatment…

A

The member may transport the child to a medical facility.

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96
Q

Child Abuse Investigations
Responding Member Responsibilities

Members facilitating or taking a child to a hospital for treatment of a serious physical injury will…

A

Immediately notify a CAT supervisor or Detective supervisor, if after normal business hours.

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97
Q

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…

A

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).

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98
Q

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…

A

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.

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99
Q

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.

A

14 years of age

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100
Q

Child Abuse Investigations
Responding Member Responsibilities

A child ____ years of age or older will be transported to the Oregon Health Sciences University Hospital (OHSU).

d) Upon notification by the member, BOEC will arrange for a ______ _____ _____ to respond to the appropriate hospital.

A

15 years

Rape Victim Advocate (RVA)

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101
Q

Child Abuse Investigations

Responding Member Responsibilities

Regarding the number of times a child abuse victim is interviewed…

A

Efforts will be made to minimize the number of times child abuse victims are interviewed.

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102
Q

Child Abuse Investigations

Responding Member Responsibilities

Generally, children under _________ should not be interviewed by members not specifically trained in child interview techniques.

A

Under ten years of age

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103
Q

Child Abuse Investigations

Responding Member Responsibilities

A

If investigating Physical abuse: Interview the child (if verbal) using…

Using non-leading questions

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104
Q

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 __________.

A

Ten years of age
CARES-NW
DHS personnel
CAT detective

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105
Q

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

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.

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106
Q

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.
A

Suspicious physical

Medical provider

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107
Q

Child Abuse Investigations

Responding Member Responsibilities

When photographing physical abuse, Digital photographs and/or 35mm, may be obtained by:

A

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.

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108
Q

Child Abuse Investigations

Responding Member Responsibilities

  1. 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.
A

scale reference
size
scope

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109
Q

Child Abuse Investigations

Responding Member Responsibilities

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…

A

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.

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110
Q

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

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.

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111
Q

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

A designated school staff member is at the interview. Their presence is not mandatory.

112
Q

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…

A

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.

113
Q

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…

A

All other instances (it appears a crime has NOT been committed), including unfounded calls.

114
Q

Child Abuse Investigations

Responding Member Responsibilities

A Custody Report will be written when…

A

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).

115
Q

Child Abuse Investigations

Responding Member Responsibilities

Courtesy reports (Special Report) for outside agencies must be written for any of the following circumstances:

A

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.

116
Q

Child Abuse Investigations

Responding Member Responsibilities

Do not list the ______ __ _______ in any report. This is confidential information and may only be obtained from DHS.

A

Location of any shelter home

117
Q

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:

A

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.
118
Q

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:

A
  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.
119
Q

Child Abuse Investigations

Supervisor Responsibilities

Review and/or monitor child abuse investigations for completeness, including:

A

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).

120
Q

Child Abuse Investigations

Detectives Responsibilities

A

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 when:

121
Q

Child Abuse Investigations

Detective Responsibilities

Detectives will respond to the appropriate hospital when:

A
  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.
122
Q

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…

A

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.

123
Q

Child Abuse Investigations

Records Division Responsibilities

Records will provide copies of all child abuse reports, founded and unfounded, to…

A

Department of Human Services (DHS), per ORS 419A.255 Maintenance; Disclosure; Providing Transcript; Exceptions to Confidentiality.

124
Q

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…

A

BOEC to dispatch a uniform member to take the report.

125
Q

Child Abuse Investigations

BOEC Responsibilities

A

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.
126
Q

Polygraph Examination

POLICY

A
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.
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.
127
Q

Polygraph Examination

Directive Specific Definitions

Exam or examination:

Polygrapher:

Proficiency:

Subject:

A

The polygraph examination.

A licensed operator of a polygraph.

A person skilled in the English language to understand, and be understood by other English speakers.

The person the polygraph exam is being administered to.

128
Q

Polygraph Examination

Appropriate use of a Polygraph Examination

The results of a polygraph exam are admissible in court when the exam is administered:

A

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.

129
Q

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

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.

130
Q

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

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.

131
Q

Polygraph Examination

Inappropriate Polygraph Exam Subjects

Examples of “recent serious injury” (when related to inappropriate persons to text) include but are not limited to…

A

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.

132
Q

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.

A

polygrapher at the Detective Division
polygrapher
clerical staff

133
Q

Polygraph Examination

Member Responsibilities

Members need to confirm that the following is completed before scheduling the exam:

A

Polygraph Examination

Member Responsibilities

Members need to confirm that the following is completed before scheduling the exam:

134
Q

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:

A

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.
135
Q

Polygraph Examination

Member Responsibilities

The will _________ explain the entire procedure to the subject at the exam appointment.

A

Polygrapher

136
Q

Polygraph Examination

Member Responsibilities

  1. 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…
A

Notified in advance of scheduling the appointment if English is not the subject’s native language.

137
Q

Polygraph Examination

Polygrapher Responsibilities

A

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.

138
Q

Premises Entry
Procedure:

Search Warrants:

A

Sworn members may use force to break into a premise to execute a search warrant if…

After notice of his/her authority and purpose, he/she are refused admittance.

139
Q

Premises Entry
Procedure:

Arrest Warrants:

A

Sworn members may use force to break into a premise to execute an arrest war¬rant only when all of the following conditions exist:

The member has reason to believe that the premise is the residence of the subject sought in the warrant and;
The member has probable cause to believe the person sought by the warrant is currently within the premise and;
If, after notice of his/her authority and purpose, he/she are refused admit-tance.

140
Q

Premises Entry

Procedure:

Emergency Entries:

Under ORS 133.033, any sworn member may make an emergency entry of any premise, without the consent of the person in possession or entitled to possession thereof, if they have reasonable basis for believing the entry into the premise is required to:

A

Prevent serious harm to any person or property.
Render aid to injured or ill persons.
Locate missing persons.
Assist persons who are mentally incompetent/unable to care for themselves, are unaccompanied by a competent party, and may be in a situation where their welfare is at risk.

141
Q

Premises Entry
Procedure:

Member Responsibilities:

A

Prior to making an emergency entry to a premise, absent exigent circum-stances, members will notify a supervisor of….

The circumstances justifying the need for an emergency entry.

142
Q

Premises Entry
Procedure:

Member Responsibilities:

A

Members making an emergency entrance into a premise must…

Write the appropriate report(s) explaining the justification for his/her actions.

143
Q

Search, Seizures, and Inventories

Definitions:

Frisk: 
Inventory:
Search: 
Seizure of property:
Strip search:
A

A cursory pat-down type physical search of a person.

A mandated examination of a person or personal property, subsequent to arrest or seizure, for purposes of safety and documentation.

When a person’s privacy interests are invaded. Unaided observation from a lawful vantage point is not a search in Oregon.

When there is a significant interference with a person’s possession or ownership interests in the property.

A thorough search wherein the detainee’s clothing is removed or rearranged so as to expose genitals, buttocks or breasts (when female).

144
Q

Search, Seizures, and Inventories
Procedure:

With certain exceptions (i.e., consent search, emergency aid, incident to arrest, parole/probation searches, and protective sweeps), most types of searches require ____________ to be valid.

A

Probable cause

145
Q

Search, Seizures, and Inventories
Procedure:

In general, probable cause to search means a substantial objective basis to believe that more likely than not:

A

A criminal offense is being, or has been committed.

Items of evidence pertaining to that criminal offense are in a specific place sought to be searched.

146
Q

Search, Seizures, and Inventories
Search Warrants and Exceptions:

As a general rule, searches require a search warrant. There are exceptions to this general rule, wherein a search warrant is not required as a prerequisite to conducting a search (i.e., administrative, automobile exception, community caretaking, consent, emergency aid, exigent circumstances, hot pursuit, incident to arrest, parole/probation searches, protective sweeps, and stop & frisk). In order to search without a warrant, members must comply with the requirements for an exception as currently set down by the courts.
The following are subject to seizure:

A
  • Evidence of or information concerning the commission of a criminal of¬fense.
  • Contraband, the fruits of crime, or things otherwise criminally pos-sessed.
  • Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense.
  • A person for whose arrest there is probable cause or who is unlawfully held in concealment (i.e., children held in violation of a custody order and held in concealment from the court).
147
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

As this area of law is constantly changing, it is…

A

All members’ responsibility to remain aware of current law (via Tips and Techniques, in-service training, etc.).

148
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

Generally, searches and inventories of a detainee may be conducted by…

A

A member of the opposite gender from that of the detainee.

149
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

When safety and other tactical considerations permit, in the judgment of the member(s) at the scene, the Bureau recommends that a _____ ____ _____ _____ conduct the search.

A

Member of the same gender

150
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

When a strip search is conducted, the search will be done by…

A

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

When a strip search is conducted, the search will be done by…

151
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

A probing search into the vagina or anus of a detainee will not be done except…

A

Under the authority of a search warrant and will only be performed by medical personnel at a medical facility.

152
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

Members should document all searches in their notebook or an appropriate report. This documentation should include…

A

Reasons for, nature of and results of the search.

153
Q

Search, Seizures, and Inventories
Procedure:

Member Responsibilities:

Unreasonable searches can result in…

A

Discipline, suppression of evidence in criminal court or an award of damages in civil court.

154
Q

Search, Seizures, and Inventories
Procedure:

Inventories and Vehicles

A

Every vehicle towed (except private request tows) will be inventoried (City Code 14.10). A Property Receipt must be completed accounting for all items seized. If the vehicle’s owner or custodian is not available, a copy of the Property Receipt will be placed in a conspicuous place in the vehicle or given to the tow operator. When a vehicle is part of a felony crime scene, or known (or suspected) to contain evidence of a felony, members should consult with an investigative sergeant prior to towing the vehicle.

155
Q

Search, Seizures, and Inventories
Procedure:

Detainees’ Personal Property:

A

Members will inventory all property of detainees.

156
Q

Search, Seizures, and Inventories
Procedure:

Prior to detention in a secure facility (i.e., police vehicle) or transport, members will remove…

A

All toxic, flammable, or explosive substances; contraband; articles or potential articles of escape; weapons and objects that are potential weapons.

157
Q

Search, Seizures, and Inventories
Procedure:

Once a detainee is accepted at a detention facility (i.e., MCDC), members will…

A

Handle the detainee’s personal property in accordance with the detention facility’s policies and DIR 660.10 (i.e., placed in MCDC with the detainee, placed in the Property Room as evidence or safekeeping).

158
Q

Search, Seizures, and Inventories
Procedure:

Large items of personal property (i.e., backpacks) are not accepted by MCDC. Members will….

A

Issue a Property Receipt for such items, and place those items in the Property Room. This property inventory is mandatory. Inadvertent discovery of evidence of a crime does not preclude charging the detainee with the discovered crime.

159
Q

SEARCH WARRANTS

POLICY

A

A search warrant should be obtained for all searches whenever there is time to do so and when there is any doubt about the necessity of obtaining a warrant.

160
Q

SEARCH WARRANTS

PROCEDURE

Any magistrate authorized to issue a warrant of arrest may issue a search warrant for:

A

a. Evidence of, or information concerning, the commission of a criminal offense.
b. Property that constitutes contraband or items otherwise criminally possessed.
c. Fruits of a crime (see ORS 133.535).
d. Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense.
e. A person for whose arrest there is probable cause or who is unlawfully held in concealment.

161
Q

SEARCH WARRANTS
PROCEDURE

Search Warrant Issuance

Application for a search warrant may be made by a __________ or by any ___________. Search warrants and affidavits will normally be written by _________. Warrant preparation will be coordinated with the appropriate investigative unit.

A

District attorney or police officer

The member requesting the warrant

162
Q

SEARCH WARRANTS

PROCEDURE

Search warrants are only issued upon a finding of probable cause to believe that an offense has or will be committed. The probable cause is based upon the member’s personal knowledge and/or hearsay information from another member, a named citizen or undisclosed informant. The probable cause is relayed to the magistrate through use of an affidavit. The affidavit should:

A
  1. Contain a clear and distinct description of the place(s) to be searched and the item(s) to be seized.
  2. Provide facts and circumstances which provide probable cause for the search.
163
Q

SEARCH WARRANTS
PROCEDURE

Search Warrant Affidavits should provide facts and circumstances which provide probable cause for the search. This includes:

A

a) Information justifying the search; and
b) Information leading to the belief that the object(s) of the search are in the places or the possession of the subject(s) to be searched.
c. Before issuing the warrant, the magistrate will need to be satisfied that probable cause exists. The magistrate may examine the affiant or any witnesses under oath.
d. Prior to the issuance of a search warrant, a magistrate may request that a meeting be arranged at a time and place convenient for all parties involved, so the magistrate can interview any informant(s) contributing information towards the probable cause.
e. When hearsay information of an undisclosed confidential informant is relied upon to establish probable cause, that information must be independently corroborated (i.e., information demonstrating past reliability of the informant or by personal observation and corroboration).
f. An ongoing chronological record will be maintained of each informant’s activities and reliability by those divisions issuing evidence/informant funds. This file is to be reviewed by a supervisor prior to requesting a search warrant based on an informant’s reliability. Members will comply with DIRs 660.00 and 660.32.

164
Q

SEARCH WARRANTS
PROCEDURE
Search Warrant Checklist

A search warrant checklist has been adopted by the Bureau, the Multnomah County District Attorney’s Office and Multnomah County court magistrates. This checklist is available on the Bureau’s Intranet. Included on the checklist is…

A

A section indicating the investigator has conducted a check through Oregon State Intelligence Network (OSIN) to ensure that the warrant address is not currently the subject of an investigation by another agency and/or division.

The check is mandatory, and will be done prior to the issuance of any search warrant. This form will be used for all Multnomah County search warrants obtained by the Bureau. Members should follow warrant application and return procedures for other counties as instructed by local magistrates.

165
Q

SEARCH WARRANTS

PROCEDURE

A supervisor should review the _________ , ____________ and ____________ prior to its submission to the DA’s office. A, ____________ from the appropriate county, will review every search warrant affidavit in person, by telephone or by email.
A copy of the search warrant and the original affidavit will be left with ___________. Search warrants will be served as soon as possible. Extended delay of service is to be avoided.

A

Probable cause, informant reliability, and the search warrant affidavit

Deputy district attorney (DDA)

The issuing magistrate

166
Q

SEARCH WARRANTS

Threat Assessment and Planning

All search warrant executions involving a potential threat to members or citizens require a ______________. This form is available on the Bureau’s Intranet.

A

Planned Operations Risk Assessment form be completed prior to execution

167
Q

SEARCH WARRANTS

Threat Assessment and Planning

Examples of a threat might include, but not be limited to, violent suspects, animals, obstacles causing a delay to securing the search location, or even a lack of information about the location to be searched.

The supervisor responsible for the search warrant execution is responsible for the proper completion of the risk assessment form and any other necessary planning to ensure the safe and effective service of the warrant. The supervisor will ensure that the _____________, or designee, will be consulted, as required by the completed _________. This will assist the evaluation for need of SERT and/or HNT in the execution of the warrant.

A

SERT commander

Planned Operations Risk Assessment form

168
Q

SEARCH WARRANTS
Threat Assessment and Planning

If SERT/HNT are needed or requested….

A

the SERT commander, or designee, will coordinate with HNT and the originating division/unit commander or designee, to ensure all tactical considerations have been discussed. The original completed risk assessment form, if not forwarded to SERT as a request for their services, will be retained in the investigator’s case file.

169
Q

SEARCH WARRANTS
Execution of the Warrant

Only a __________ may serve a search warrant. Generally, execution of a search warrant is restricted to between _____ and _____ hours unless it is otherwise endorsed on the warrant by the issuing magistrate.

A

Police officer

0700 and 2200

170
Q

SEARCH WARRANTS
Execution of the Warrant

A warrant is generally valid for _______ after the date of its issuance. If the warrant is not executed within this period, it ________. A new affidavit must be filed and new search warrant issued. The issuing magistrate may, however, authorize execution of the warrant for up to ______ after its issuance. This authorization must be specified on the face of the warrant.

A

Five days
Is void
Ten days

171
Q

SEARCH WARRANTS
Execution of the Warrant

Before entering any premises, the executing member will….

A

Knock and give appropriate notice of identity, authority and purpose to the person to be searched or to the person in apparent control of the premises to be searched. If the member is not admitted after such notification, force may be used to enter the premises. In emergency situations, a no-knock entry may be performed (i.e., where members or others are at risk of bodily harm or where evidence may be destroyed). If such entry occurs, the circumstances leading to the entry will be clearly articulated in the incident report form.

172
Q

SEARCH WARRANTS

Execution of the Warrant

If it is determined that no one is at the residence, members…

A

Have the authority to forcibly enter.

173
Q

SEARCH WARRANTS

Execution of the Warrant

Before undertaking any search or seizure pursuant to the warrant, the executing member will:

A
  1. Read and give a copy of the warrant (not the affidavit) to the person to be searched, or to the person in apparent control of the premises to be searched.
  2. Affix a copy of the warrant to the premises if the premises are unoccupied, or there is no one in apparent control.
174
Q

SEARCH WARRANTS

Execution of the Warrant

In the course of executing a search warrant, the member may take reasonable precautions to ensure that property will not be removed while the search is being conducted and to prevent interference with the search. Members have the same power and authority in all respects to….

A

Break open any door or window and to use all necessary and proper means to overcome any forcible resistance as they do in executing or serving a warrant of arrest.

175
Q

SEARCH WARRANTS

Execution of the Warrant

In securing the premises to be searched, the member may seek out all persons on the premises and…

A

Bring them to a central location for observation during the search.

176
Q

SEARCH WARRANTS

Execution of the Warrant

Members of the media will not be allowed to enter private property without…

A

The consent of the property owner or individual in charge of the involved property.

177
Q

SEARCH WARRANTS

Limitations of Warrants

The scope of searches pursuant to search warrants is limited to the premises specified in the warrant and only for those items specified in the warrant to be seized. The search must be terminated once…

A

All items specified in the warrant are discovered.

178
Q

SEARCH WARRANTS

Limitations of Warrants

If during execution of a warrant, there is inadvertent discovery of evidence not specified in the warrant (even when the evidence is of an unrelated crime)…

A

It may be seized under the plain view exception.

179
Q

SEARCH WARRANTS

Limitations of Warrants

Unless the warrant(s) authorize the search of a named person(s), a search warrant for a residence or other premises does not permit a search of all the persons present during the time of the search. If there is ________ to believe that persons on the premises are carrying or concealing items which reasonably could be the objects of the search warrant, those persons…

A

Probable cause
May be detained and searched to the extent necessary to determine whether they are concealing items covered by the warrant.

180
Q

SEARCH WARRANTS

Limitations of Warrants

A member may remain on the premises in a search warrant only during the time…

A

Reasonably necessary to conduct the search for the property described in the warrant.

181
Q

SEARCH WARRANTS

Post Execution Responsibilities

Upon execution of the search warrant, the member will:

A

a. Leave a copy of the warrant and property receipt(s) specifying, in detail, the property taken. This copy will be left with the person from whom the property was taken, or in whose possession the property is found. In the absence of any person, the copy of the warrant/receipt(s) will be left in the place where the property was found.
b. Secure the location if the owner or other responsible party is unavailable.
c. File all affidavits, search warrants and returns, regardless of any associated cases, with the Circuit Court issuing judge. Members will file the search warrant return and receipts as soon as reasonably possible, but no later than five days, after the execution or expiration of the warrant.
d. Following execution of a search warrant which involves the distribution or manufacture of controlled substances, prostitution and/or gambling, members will complete a Drugs and Vice Division (DVD) Completed Activity Report and forward the form to DVD. The information may be used to take action against the property owner under the specified crime property ordinance.

182
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Preparation of telephonic search warrant:

A
  1. Assemble notes, outline or handwritten affidavit (for dictation).
  2. Type or handwrite the search warrant.
  3. Discuss with the DDA, if appropriate.
  4. Locate the judge.
  5. Discuss briefly with the judge to resolve any questions.
183
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Turn on recorder; and remember to keep in mind…

A

What you told the judge before the recording starts does not count, so start over at the very beginning.

184
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Preface phrase for telephonic search warrant:

A
  1. Affiant’s name.
  2. Date and time.
  3. Telephonic warrant.
  4. Judge’s name and authority.
  5. Note that this is a recording.
  6. Example: This is Officer (Name) presenting a telephonic affidavit for a search warrant on (Date) at (Time). This request is being made to Judge (Name), of the Circuit Court, Multnomah County, State of Oregon, and is being tape recorded for later transcription.
185
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Affiant identification phrase:

A
  1. Name.
  2. Oath (Upon my oath, I (Name), do hereby depose and say…).
  3. Employer, assignment, length of service.
186
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Factual information – body of affidavit; organize your dictation to cover all critical areas including:

A
  1. Informant credibility and reliability.
  2. Observations of informant.
  3. Location of place to be searched, property to be seized, identity of resident.
  4. Corroboration, if available.
  5. Venue (judge must be from court where search is to be done).
187
Q

SEARCH WARRANTS
Telephonic Search Warrant Guide

Other things to remember while getting a telephonic search warrant

A

Request permission to search (Standard Request for Warrant).
Have judge administer oath.
Read typed or handwritten search warrant to judge. Judge must hand write or type original warrant.
Obtain permission to search.
Obtain permission to sign judge’s name to duplicate warrant.
Have judge declare that the judge is signing the original search warrant.
Note time and date of authorization; end tape. Make sure the judge writes the time and date on the original warrant.

188
Q

SEARCH WARRANTS

Telephonic Search Warrant Guide

Return of a Telephonic Search Warrant
The Search warrant:

A
  1. Present to the issuing judge the duplicate warrant that was prepared and signed by you within the date specified on the warrant (normally five days from the date of issue). Remember this should be the actual duplicate of the original warrant that the judge authorized you to sign over the phone, even if handwritten.
  2. Make sure the judge has the original warrant that the judge prepared and signed.
  3. Both should be filed with the court. Normally the judge will handle this.
189
Q

SEARCH WARRANTS

Telephonic Search Warrant Guide

The Tape and transcription from the telephonic search warrant:

A
  1. Present both the tape and transcription to the judge at the same time and duplicate warrant is returned.
  2. After the judge listens to the tape and reviews the transcription for accuracy, have the judge certify both the tape and the transcription.
  3. Both the tape and the transcription should be filed with the court. Normally the judge will handle this.
190
Q

Temporary Detention and Custody of Juveniles

Definitions:

• Juvenile Non-Offender/Protective Custody:

A

An abused, neglected, or dependent juvenile who may be temporarily detained for his or her own safety or welfare. This includes a juvenile taken into protective custody when conditions or surroundings reasonably appear to jeopardize the juvenile’s welfare or when it reasonably appears the juvenile has run away from home in accordance with ORS § 419B.150.

191
Q

Temporary Detention and Custody of Juveniles

Definitions:

• Juvenile Offender twelve (12) years of age and over:

A

A juvenile twelve (12) years of age and over who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense). It also includes a juvenile who possesses a handgun in violation of ORS § 166.250. 28 CFR 31.303.

192
Q

Temporary Detention and Custody of Juveniles

Definitions:

• Juvenile Offender under twelve (12) years of age:

A

A juvenile under twelve (12) years of age who is alleged to have committed a serious violent offense requires consultation with the Juvenile Detention Hall (JDH) prior to taking the juvenile into custody.

193
Q

Temporary Detention and Custody of Juveniles
Definitions:

• Juvenile Status Offender:

A

A juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult (e.g. truancy, curfew, runaway, possession and/or consumption of tobacco products and/or alcohol), yet may be taken into protective custody for purpose of reuniting the juvenile with a parent, guardian, or other responsible person.

194
Q

Temporary Detention and Custody of Juveniles
Definitions:

• Substantial threat to safety:

A

A substantial threat to safety means an articulable opportunity for directed aggression in order for temporary detention to be permissible. For example, a juvenile with flailing limbs or breaking property may not pose a substantial threat, while a juvenile with flailing limbs, access to weapons, and the intent to harm self, others, animals, or members may pose a substantial threat.

195
Q

Temporary Detention and Custody of Juveniles

Policy:

A
  1. In this Directive, the Portland Police Bureau distinguishes between temporary detention and Juvenile Detention Hall (JDH) custody of juveniles under twelve (12) years of age and juveniles twelve (12) years of age and over.
  2. The Portland Police Bureau recognizes the inherent dignity of every person, including the youth in our community, whose needs differ from those of adults. The Bureau understands that giving members the authority to temporarily detain juveniles or place juveniles into custody and take them to Juvenile Detention Hall (JDH) to protect the public welfare creates an obligation to guide members as they balance important social and individual interests.
  3. The Portland Police Bureau recognizes that duty may require members to temporarily detain or place juveniles into custody.
  4. The Bureau also recognizes that temporary detention or custody may have lasting impact on the individuals involved and may impact the community at large.
  5. It is the intention of the Bureau to accomplish its mission as effectively as possible while detaining juveniles only for as long as reasonably necessary for safe processing, transfer, and release.
  6. Because the Bureau places high value on providing a positive influence towards youth, the Bureau is dedicated to providing training and resources that help members effectively engage juveniles.
196
Q

Temporary Detention and Custody of Juveniles

Procedure:

Temporary Detention – Juveniles under twelve (12) years of age: Juveniles under twelve (12) years of age may be temporarily detained when…

A

The juvenile presents a substantial threat to safety. Substantial threat to safety must involve an articulable opportunity for directed aggression in order for temporary detention to be permissible.

197
Q

Temporary Detention and Custody of Juveniles

Procedure:

If a member temporarily detains a juvenile under twelve (12) years of age, the member must….

A

Notify their on duty supervisor and document such details within reports.

198
Q

Temporary Detention and Custody of Juveniles

Procedure:

Custody to Juvenile Detention Hall (JDH) – Juveniles under twelve (12) years of age: No youth under twelve (12) years of age shall be placed into custody and taken to the Juvenile Detention Hall (JDH) except for_________.

A

Serious, violent crimes.

199
Q

Temporary Detention and Custody of Juveniles

Procedure:

If a member believes a juvenile under twelve (12) years of age should be taken into custody the member must ________ ________.
______________ will confer with the on duty supervisor at the Juvenile Detention Hall (JDH) to confirm authorization and plan next steps before taking action. Juvenile Detention Hall (JDH) staff may consult with a judge about the particular circumstances involved so as to plan next steps with the Bureau.

A

Confer with their on duty supervisor;

The member and the supervisor together

200
Q

Temporary Detention and Custody of Juveniles

Procedure:

Custody to Juvenile Detention Hall (JDH) – Juveniles twelve (12) years of age and over: A member may place a juvenile twelve (12) years of age and over into custody and take them to the Juvenile Detention Hall (JDH) in the following circumstances.

A

When, if the youth were an adult, the youth could be arrested without a warrant;
or
When a warrant exists.

201
Q

Temporary Detention and Custody of Juveniles

Procedure:

Measure 11 – Juveniles fifteen (15), sixteen (16), and seventeen (17) years of age:
Probable Cause Custody:
Members Responsibilities:

A

Transport juveniles to Detectives for processing.
As per adult arrests, a weekend probable cause affidavit may be required.
The juvenile will be brought to Detectives for interview and/or processing.
Detectives will be responsible to coordinate completion of reports, and fingerprinting and photographing with the Forensic Evidence Division (FED), in accordance with Directive 640.70, Fingerprinting and Photographing of Juveniles. Additionally, Detectives shall confer with the Juvenile Detention Hall (JDH) regarding timing of necessary reporting.

202
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

A juvenile cannot be held in police detention for more than ____ hours. If a juvenile is in detention for_____ hours, an on duty supervisor must be notified.

A

Five (5)

Four (4)

203
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

Juveniles under twelve (12) years of age shall not be handcuffed unless…

A

They present a heightened risk to safety, meaning they are combative or threatening.

204
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

Juveniles twelve (12) years of age and over may be handcuffed as adults. But a juvenile shall not be…

A

Handcuffed to a fixed rail or object.

205
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

Juveniles under twelve (12) years of age and juvenile status offenders shall not be placed…

A

In a locked room unless a risk to juvenile or member safety can be documented.

206
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

Juveniles shall be temporarily detained only in quarters with _____ and ______ separation; meaning members will locate or arrange a juvenile within Bureau facilities so as to prevent physical, visual, or auditory contact between the juvenile and adults.

A

Sight

Sound

207
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Secure Custody:

A notation shall be made in the police report listing the ________ and if the juvenile was ________.

A

Duration of detention

Handcuffed

208
Q

Temporary Detention and Custody of Juveniles

Procedure:

A ___________ shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy.

A

Staff member of the same sex

209
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

Any time a juvenile is held in custody at a Bureau facility, the custody shall be….

A

Promptly and properly documented in the Juvenile Custody Log.

210
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

All Bureau locations that have secure holding facilities shall maintain a…

A

Juvenile Secure Custody Log form for each holding room.

211
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

All members who place a juvenile in a secure holding facility/room are required to….

A

Legibly complete all categories on the room’s Juvenile Secure Custody Log.

212
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

Juvenile Custody Logs must be completed at any _________ to which the juvenile is taken (e.g. juvenile held at North Precinct, before being taken to Forensic Evidence Division.)

A

Security holding facility

213
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

All original Juvenile Security Logs completed will be maintained at the secure holding facility they originated at for…

A

Five (5) years from the date of the last entry on the log.

214
Q

Temporary Detention and Custody of Juveniles

Procedure:

Juveniles Custody Log:

Copies of completed Juvenile Security Logs will be forwarded to…

A

The Office of the Chief of Police, Operations Branch Chief, by the 15th of January, and 15th of July, each year for the prior six (6) months reporting.

215
Q

Temporary Detention and Custody of Juveniles

Procedure:

Misdemeanor/status offenses include:

A

MIP, curfew, truancy, City ordinance violations, non-person-to-person misdemeanors, and circumstances or situations that may endanger the juvenile’s welfare or the welfare of others.

216
Q

Temporary Detention and Custody of Juveniles

Procedure:

Misdemeanor/Status Offenders:

Juvenile status offenders should generally be released by _______ or ________ rather than taken into temporary custody.

A

Citation

With warning

217
Q

Temporary Detention and Custody of Juveniles

Procedure:

Misdemeanor/Status Offenders:

Members may take custody of a juvenile status offender in order to facilitate reunification. Juveniles ages _________) to __________ will be released to a parent, guardian, or other responsible person if possible. If such a person is not available, juveniles will be taken to ____________ or other approved placement.

A

Twelve (12
Seventeen (17)
The Juvenile Reception Center (Janus)

218
Q

Temporary Detention and Custody of Juveniles

Procedure:

Misdemeanor/Status Offenders:

A

In all cases a report will be completed prior to leaving duty. Facts related to attempts to locate and release juveniles to a parent, guardian, or other responsible person will be documented in the report. When a juvenile is transported to the Juvenile Reception Center (Janus), a copy of the completed report will be left with staff.

219
Q

Temporary Detention and Custody of Juveniles

Procedure:

Remanded Offenders:

A

Remanded offenders are juveniles who have been….

Permanently remanded to the adult court.

220
Q

Procedure:

Remanded Offenders:

Even if a juvenile has been on adult probation and remanded by adult court, juveniles are not…

A

To be transported to adult facilities. Instead, members will transport juveniles to the Juvenile Detention Hall (JDH).

221
Q

Temporary Detention and Custody of Juveniles

Procedure:

Protective Custody:

Members may take a juvenile into protective custody when the juvenile is found to be…

A

A victim of abuse, neglect, found in the company of arrested persons, and/or in need of care for non-criminal/non-status related offenses, such as runaway and missing juveniles.

222
Q

Temporary Detention and Custody of Juveniles

Procedure:

Protective Custody Placement:

Excluding runaway situations, protective custody placements are arranged through…

A

The Oregon Department of Human Services (DHS) Child Abuse 24-hour Hotline.
Reports of this nature will not contain the location, address, or phone number of the placement.

223
Q

Temporary Detention and Custody of Juveniles

Procedure:

Placement of Runaway Juveniles:

When a juvenile is taken into protective custody as a runaway, members will release the juvenile without unnecessary delay to…

A

The custody of the juvenile’s parent or guardian, or to the Juvenile Reception Center (Janus), or other approved placement. Members may release the juvenile to the Juvenile Reception Center (Janus) or other approved placement if it reasonably appears that the child would not willingly remain at home if released to the juvenile’s parent or guardian.

224
Q

Temporary Detention and Custody of Juveniles

Procedure:

Illness, Injury or Intoxication:

Any juvenile showing visible signs of illness, injury, or intoxication must be _________ at __________before admission will be allowed at the Juvenile Detention Hall (JDH) and/or Juvenile Reception Center (Janus).

A

Medically screened

An approved medical facility

225
Q

Temporary Detention and Custody of Juveniles

Procedure:

Notification of Parent or Guardian:

As soon as practicable after a juvenile is taken into custody a member shall…

A

Notify the juvenile’s parent, guardian or other person responsible for the juvenile.

226
Q

Temporary Detention and Custody of Juveniles

Procedure:

Notification of Parent or Guardian:

In the absence of actual contact with the person responsible for the juvenile…

A

Written notification will be left at the juvenile’s residence if known.

227
Q

Temporary Detention and Custody of Juveniles

Procedure:

Notification of Parent or Guardian:

When notification attempts fail…

A

Members will document such in his or her reports.

228
Q

Temporary Detention and Custody of Juveniles

Procedure:

Notification of Victims or Complainants:

Victims and/or complainants are not required to _________ against juveniles. Members need only notify victims and/or complainants that a representative of the ______________ will contact them regarding their case.

A

Sign complaints

Juvenile court system

229
Q

Temporary Detention and Custody of Juveniles

Procedure:

Report Disposition:

The member taking custody of a juvenile is responsible for completing an applicable report(s). When juveniles are presented to Detectives for final disposition….

A

A copy of these reports must accompany the juvenile.

230
Q

Temporary Detention and Custody of Juveniles

Procedure:

Report Disposition:

If juveniles are to be lodged in the Juvenile Detention Hall (JDH) or placed in protective custody (medical emergency, shelter care or placement with family or friend other than parent or guardian), all reports related to the case must be…

A

Delivered to the Juvenile Detention Hall (JDH) prior to the end of the member’s shift.

231
Q

Temporary Detention and Custody of Juveniles

Procedure:

Report Disposition:

In those instances when a juvenile is released all reports related to the case will be forwarded to…

A

The Multnomah County Juvenile Services Division.

232
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

The following procedures shall apply when felony arrests are made by sworn members of the Bureau who are…

A

Not assigned to the Detective Division (Detectives) or other investigative unit (e.g. precinct detective, GET detectives, etc.):

233
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

Felony Processing: Persons arrested on Measure 11 felonies will be transported to the appropriate investigative unit, unless directed otherwise by the investigative unit. A detective supervisor will be notified immediately upon arrival. Exceptions are:

A

Drug Arrest, Traffic Related Arrest and Warrant Arrest

234
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

Drug Arrests: All felony drug arrests, regardless of classification, will be processed by the arresting member. When circumstances such as…

A

Quantity of illegal substances, willingness of the suspect to cooperate with the authorities or any unusual aspects of the case make Drugs and Vice Division (DVD) involvement desirable, the arresting member will contact his or her supervisor.

If it is determined that DVD involvement would be beneficial, the supervisor will contact a DVD supervisor via phone, or the Bureau of Emergency Communications (BOEC) call-up, to discuss the feasibility and degree of DVD involvement. Arrestees exposed to hazardous materials will be decontaminated at the scene prior to any transport. For proper decontamination procedures, see Directive 640.13, Drug Lab Procedures.

235
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

Traffic Related Arrests: Individuals involved as felony suspects or possible suspects in vehicular collision cases (vehicular assault, manslaughter, criminally negligent homicide, hit and run) will be…

A

Processed under the provisions of Directive 640.50, Traffic Crash Investigations and Directive 860.10, Traffic Citations and Arrests.

236
Q

Arrest, Felony Processing of Adults
Procedure:

Felony Arrests:

Warrant Arrests: Fugitives arrested on warrants from outside agencies will be taken to the booking facility, unless….

A

There is an immediate need for a detective interview.

237
Q

Arrest, Felony Processing of Adults
Procedure:

Class C Felony Arrests:

All Class C felony arrests will be processed by the arresting member. When unique aspects of the situation make Detective Division involvement desirable, the arresting member will…

A

Contact his or her supervisor.

238
Q

Arrest, Felony Processing of Adults
Procedure:

Felony Arrests:

If it is determined that Detective Division involvement would be beneficial, the supervisor will contact the Detective Division supervisor via…

A

Phone, or the Bureau of Emergency Communications (BOEC) call-up, to discuss the feasibility and degree of Detective Division involvement. Arrestees exposed to hazardous materials will be decontaminated at the scene prior to any transport. For proper decontamination procedures, see Directive 640.13, Drug Lab Procedures.

239
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

In those cases where it is determined that an immediate interview by Detectives would serve no constructive purpose, or the suspect has….

A

Requested an attorney, or is generally uncooperative and unruly, arresting members will process the case noting the names of the patrol supervisor and/or detective supervisor who reviewed the arrest in their report. Detectives must be contacted prior to booking any Measure 11 suspect, regardless of the circumstances.

240
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:
Mandatory Booking:

ORS § 181.511 and ORS § 181.515, mandate that all arrested felony suspects be __________ and __________ upon arrest. If the suspect is not transported to an investigative unit or division, the arresting member will lodge the suspect in Multnomah County Detention Center (MCDC) or cite and release them under the provisions of Directive 860.30, Citations-in-Lieu-of-Custody (C-Cite or Z-Cite), after they have been photographed and fingerprinted.

A

Photographed

Fingerprinted

241
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:
Mandatory Booking:

All members arresting persons for auto theft charges (e.g. unauthorized use of a motor vehicle - UUMV) will book those prisoners into the _______. ________ will not be issued without a supervisor’s approval.

A

Justice Center Jail

C-Cites

242
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

Members will notify a supervisor at once upon bringing a suspect to a precinct, unit, or division for questioning. The member who transports a suspect to an investigative unit or division will not leave the suspect…

A

Unattended in a holding cell without first notifying a supervisor or, in the absence of a supervisor, any on duty sworn member of the investigative unit.

243
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

The transporting member will provide the suspect’s _______, ______ and _________. The supervisor or member who has been notified is responsible for monitoring the suspect until relieved.

A

Name, charge and a brief statement of the circumstances.

244
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

A member of the Detectives chain of command will, as soon as possible, assign a detective to assist the arresting member with….

A

Conducting a formal interview of the suspect, and complete the necessary phases of the investigation.

245
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

The arresting member will remain until…

A

Released by the investigator(s). The member may be requested to assist in the investigation.

246
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

The arresting member will write the required reports __________ . Once the reports are reviewed by a detective or investigating member or supervisor…

A

Prior to leaving Detectives

Copies of reports will be left with Detectives.

247
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

When a defendant is charged with a _______ and _____ _______ arising out of one incident, the _______ will be placed in the envelope and a copy of the traffic citation(s) will be attached to all copies of the report.

A

Crime
Issued a traffic citation
Citation

248
Q

Arrest, Felony Processing of Adults
Procedure:

Felony Arrests:
It is the responsibility of Detectives to arrange transportation to…

A

The booking facility for those adults brought to Detectives.

249
Q

Procedure:

Felony Arrests:

Reporting:

Members: When felony arrests are not processed through, arresting members will _____ _______. The arresting officer will prepare a case envelope and deliver, or arrange for its delivery, to the Complaint Signer prior to 1000 hours the next court day. After copies are made, the original reports and photocopies of citations (or unneeded originals) will be forwarded to __________.

A

Complete all required reports

The Records Division

250
Q

Arrest, Felony Processing of Adults

Procedure:

Felony Arrests:

When felony arrest are processed through an investigative unit or division, Detectives will ensure that all felony arrests within their area of responsibility are…

A

Processed completely and forwarded to the District Attorney’s Office by 1000 hours the next court day.

251
Q

General Reporting Guidelines

Definitions:

  • Police Action:
  • Significant Incident:
A
  • Police Action: Any circumstance, on or off duty, in which a sworn member exercises or attempts to exercise police authority.
  • Significant Incident: An event about which other members on subsequent shifts should be informed (e.g., Class A and B felony crimes with suspect information and potentially violent or dangerous situations).
252
Q

General Reporting Guidelines

Policy:

A

This policy establishes the general reporting guidelines for all police action. For member reporting requirements pertaining to non-force after action reporting, members shall adhere to the guidelines set forth in Directive 905.00, Non-Force After Action Reports. For member reporting requirements pertaining to force after action reporting, members shall adhere to the guidelines set forth in Directive 1010.00, Use of Force.

253
Q

General Reporting Guidelines
Procedure:

Member Reporting.
Field Note-taking; Members should record _______ ________ regarding calls in a Bureau-issued duty notebook or in the _________.

A

Pertinent information

Vehicle computer

254
Q

General Reporting Guidelines

Policy:

All handwritten notebook entries shall be maintained for ____ years.

A

Five years

255
Q

General Reporting Guidelines

Policy:

Members shall promptly forward copies of handwritten notebook entries requested by the _________ in response to __________ requests made to the Bureau.

A

Records Division

Public records

256
Q

General Reporting Guidelines

Policy:
Report Writing.

Member Responsibilities.

Members taking any official police action, on or off duty, shall write and submit an appropriate report to cover the incident, except in cases where the coded disposition sufficiently captures the resolution of the event. Members shall submit….

A

Reports through the current Bureau-approved electronic platform.

257
Q

General Reporting Guidelines

Policy:
Report Writing.

If on duty, the member shall write a report prior to going off shift, unless…..

A

a holdover is approved or the member is incapacitated.

258
Q

General Reporting Guidelines
Policy:
Report Writing.

If off duty, the member shall….

A

Write a report as soon as practical after the event.

259
Q

General Reporting Guidelines

Policy:
Report Writing.

Member reports must __________ and ___________ depict the facts of each incident, the results of the member’s investigation and any member action taken. Reports shall include all ________ information and also contain reference to the disposition of any property or evidence taken into custody, the results of records searches, witness statements and/or any other pertinent information.

A

Accurately and Objectively

Exculpatory

260
Q

General Reporting Guidelines

Policy:
Report Writing.

Members shall write reports that _______, _______, _______ and _______ portray the incident being reported. Common, everyday language should be used and jargon and acronyms should be avoided. Exact quotes should be used when taking direct statements. When investigating a crime, members shall document all elements of the criminal offense. Members shall provide a complete __________ description of the details and results of the investigation.

A

Clearly, completely, concisely and accurately

Chronological

261
Q

General Reporting Guidelines

Policy:
Report Writing.

Required masks (e.g., Mental Health Mask, Stops Data Collection Report) must be fully and accurately completed ____________. These masks are subject to review by Bureau supervisors.

A

As soon as practicable

262
Q

General Reporting Guidelines

Policy:
Supervisor Responsibilities.

Supervisors shall not approve holdovers for the following reports:

A

Custodies that will be arraigned the next court day
Missing persons
Stolen vehicles
Recovered vehicles
Death investigations
Significant incident
Supervisors shall ensure that member reports comply with Bureau requirements and include the necessary content.

263
Q

General Reporting Guidelines

Policy:
Photographs.

Members who photographically document crime scenes and injuries to victims/suspects shall do so in accordance with Directive 640.02, Photography and Digital Imaging.
Members who obtain photographs during their investigations shall…

A

Document that fact and shall submit the photographs in accordance with Directive 660.10, Property and Evidence Procedure.

264
Q

General Reporting Guidelines

Policy:
Case Management.

Members shall conduct appropriate_________. Members shall ensure cases are ________ or ________ when appropriate.

A

Case follow up

Closed or suspended

265
Q

General Reporting Guidelines

Policy:
Report Review.
If the supervisor determines that a report is insufficient, the supervisor shall, if feasible…

A

Ensure that the member corrects the report before the end of shift.

266
Q

General Reporting Guidelines

Policy:
Report Review.

If the member is not able to complete a correction to a report prior to the end of shift, the member shall…

A

Complete the report as soon as possible upon their return to duty.

267
Q

General Reporting Guidelines

Policy:

Report Review.

When a member submits a deficient report, the supervisor shall…

A

Discuss the error(s) with the member as soon as practicable.

268
Q

General Reporting Guidelines

Policy:

Report Review.

The Records Division or an investigative unit/detail may initiate a request for additional information by submitting a request form to…

A

The Responsibility Unit (RU) Manager.

269
Q

General Reporting Guidelines

Policy:

Report Review.

Members shall submit the completed supplemental form….

A

As soon as practicable.

270
Q

General Reporting Guidelines

Policy:

Report Review.
Privatization of Reports.

When feasible, members should _______ only cases where the release of critical or sensitive information could jeopardize the investigation or the safety of an individual. Members should refer to the Detective Division SOP #3, Case Privatization for additional guidance.

A

Privatize

271
Q

General Reporting Guidelines

Policy:

Report Review.

Members must balance the decision to privatize cases and critical information against maintaining…

A

Transparency within the Bureau case management system.

272
Q

General Reporting Guidelines

Policy:

Report Review.

Members shall un-privatize cases as soon as practicable to facilitate…

A

Internal case review and management.

273
Q

General Reporting Guidelines

Policy:

Report Review.

Copies of privatized reports shall be released only for law enforcement purposes upon authorization of the ________ _______ to the case or of a _______ ________in the investigative unit concerned. The assigned investigator must give the Records Division access to the report. The investigator shall authorize involved units or specific personnel to access their assigned privatized reports.

A

Investigator assigned

Supervisory sergeant

274
Q

General Reporting Guidelines

Policy:

Report Review.

Members should be aware that the choice to privatize a document will not necessarily deem it confidential for purposes of _____________ and __________.

A

Public records requests

Disclosure under Oregon law

275
Q

General Reporting Guidelines
Policy:

Public Records.

A

During the course of an open investigation, police-authored documents, whether privatized or not, may be privileged and need not be disclosed. After an investigation is completed, all documents, including those previously privatized, are presumed to be open to disclosure unless a legal exemption applies. Exemption applicability will be decided with the assistance of the City Attorney’s Office.

Any person seeking access to a police-authored document at any time (except for law enforcement or prosecution partners) must file a request for same through the City of Portland web portal, and members are instructed to advise any person who requests police documents that they must submit a public records request through that channel.