Directives Flashcards
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:
Reporting member’s Responsibility Unit Manager.
Any Assistant Chief (AC).
IA Captain.
Criminal Investigations of Police Bureau Employees
Member Responsibilities.
Any member in a supervisory or higher position listed above shall forward the complaint to…
The Detective Division Commander.
Criminal Investigations of Police Bureau Employees
Member Responsibilities.
Any member who observes criminal conduct by another member has a duty to….
Reasonably intervene if safe and feasible. Members shall immediately notify their supervisor or any individual listed above.
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 ______________.
As soon as practical
24 hours
Assistant Chief of Investigations
Criminal Investigations of Police Bureau Employees
Detective Division Commander Responsibilities.
- 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.
Criminal Investigations of Police Bureau Employees
AC of Investigations Responsibilities.
- 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.
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.
An outside law enforcement
Criminal Investigations of Police Bureau Employees
Member Responsibilities.
Internal Assignment
The assigned investigative unit supervisor shall:
- 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.
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.
The Detective Division Commander
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.
AC of Investigations
Detective Division
Criminal Investigations of Police Bureau Employees
Member Responsibilities.
If the preliminary investigation indicates the need for further inquiry, the investigator shall:
- 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.
Criminal Investigations of Police Bureau Employees
Member Responsibilities.
Investigation Completion.
The Detective Division Commander or designee shall send the final case file to…
The IA Captain.
IA shall archive all criminal investigation case files.
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:
- 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.
Criminal Investigations of Police Bureau Employees
Concurrent criminal and administrative investigations.
- 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.
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:
- 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.
DEAD BODY PROCEDURE
Directive Specific Definitions:
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.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
The member shall assist the ME in investigating…
the conditions surrounding the death.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
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.
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.
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…
Of the ME’s office
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
The responsibility for the criminal investigation will be assumed by…
The investigating detectives or a detective sergeant upon their arrival
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
DEAD BODY PROCEDURE
When death has been established, the following actions shall be taken:
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.
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….
MCSO
Bureau members
Detectives and MCSO will consult with each other to determine the responsibility for the investigation.
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 representative of that office only. Members will not search the body unless otherwise directed by the ME’s office.
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…
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.
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…
Relatives or friends of the deceased. The Bureau shall honor any reasonable request from the ME’s office for assistance in this matter.
DEAD BODY PROCEDURE
Drugs and Vice Division (DVD) Responsibilities
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.
DEAD BODY PROCEDURE
Homicide Detail Responsibilities:
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.
Crime Scene Procedures
Member Responsibilities
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.
Crime Scene Procedures
Member Responsibilities
At all times, a specific member will be in charge. It will be his/her duty to:
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.
Crime Scene Procedures
Member Responsibilities
If Detectives are not available or the member’s supervisor does not feel they are needed…
The member assigned the call will complete the investigation.
Crime Scene Procedures
Member Responsibilities
All members entering a major crime scene will…
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.
Crime Scene Procedures
A Detectives supervisor and/or detective from the Homicide Detail will be notified in the following cases:
- Homicides.
- Questionable deaths.
- Suicides.
- Serious assaults, with a possibility of death.
- Abduction/kidnap.
- Shootings or serious assaults involving police members, whether the member is the victim or not.
- Custody cases involving Aggravated Murder, Murder, Manslaughter, Assault I or II, or Kidnap I or II.
- Hate crimes.
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).
- Commercial robbery involving injuries or firearms discharge.
- All Robbery I and II custodies.
- Any Robbery I or II with suspect information and the need for immediate follow-up.
Crime Scene Procedures
A Detectives supervisor and/or detective from the Sex Crimes Unit will be notified in the following cases:
- Rapes.
- Sodomies.
d. Child Abuse Team (CAT). - Sex offenses involving children under the age of 12, excluding expose cases.
Crime Scene Procedures
What “Other Crimes” should Detective supervisor and/or detectives be notified of…
- Crimes eliciting unusual public interest or having unusual political implications.
- Unusual circumstances which might indicate that immediate detective follow-up is needed.
- If a patrol supervisor feels an investigation needs detective assistance, a Detective supervisor should be contacted to determine if a detective is available.
Crime Scene Procedures
Detectives Responsibilities
Detectives assigned to the crime scene will:
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.
Crime Scene Procedures
Crime Scene Photography and Authorized Equipment
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.
Dying Declaration
Directive Specific Definition
Dying declaration:
“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”
Dying Declaration
Member Responsibilities
It must appear that the person making a dying declaration is..
aware of their impending death.
Dying Declaration
Member Responsibilities
A subject making a dying declaration need not necessarily appear from an expressed statement, but may…
be inferred from signs, nods, pressure of the hand, or pointing to visible persons or objects in answering leading questions.
Dying Declaration
Member Responsibilities
Whenever possible, a dying declaration should be taken from a victim when…
it is evident that the injured person may die.
Dying Declaration
Member Responsibilities
A dying declaration, if at all possible..
should be reduced to writing, signed by the person making the declaration, and duly witnessed.
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…
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.
Dying Declaration
Member Responsibilities
A member taking a dying declaration should first ask the injured person…
If the person believes that they are about to die, and if possible, in the presence of witnesses,
Dying Declaration
Member Responsibilities
When the member is informed by a licensed physician that the criminally injured person cannot recover…
The member will immediately notify a supervisor and the Detective Division (Detectives).
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…
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.
Dying Declaration
Member Responsibilities
An example of informing a dying person of awareness of death and the recording of dying declaration…
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_____
Dying Declaration
Member Responsibilities
If the suspect who inflicted the injury to the victim is in custody, and time allows…
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.
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:
Victims age 14 years and older involving non-family perpetrators
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:
Victims under 14 years old and all victims under 18 years old involving family perpetrators
Sexual Assault investigations
Responding Member Responsibilities
A SCU/CAT detective will be contacted when a suspect is in custody for:
a) Rape I.
b) Sodomy I.
c) Sex Abuse I.
d) Unlawful Sexual Penetration I and II.
Sexual Assault investigations
Responding Member Responsibilities
Incident circumstances include where SCU/CAT unit will be contacted:
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.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If the rape and/or sodomy occurred within the past ____ hours, advise the victim to ____ and…
84 hours, advise the victim not to bathe, douche, or change clothes prior to hospital examination, since evidence present on the victim’s body and/or clothing may be destroyed.
b. Advise the victim to bring a complete change of clothing to the hospital due to possible seizure of the clothes currently being worn.
c. Gather physical evidence, see Evidence Disposition section.
d. Request through BOEC for a RVA to respond to the hospital and conduct a thorough victim interview in his/her presence (if available).
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If emergency medical treatment is required, the victim should be transported…
By ambulance to the nearest hospital or the hospital of their choice.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If the particular hospital the victim is being treated at does not have Sexual Assault Evidence Kits, an officer or detective must…
Obtain one from either Oregon Health Science University (OHSU) or Emanuel Hospital.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If emergency medical treatment is not required, but a sexual assault examination is needed…
Transport the victim to an appropriate hospital (OHSU or Emanuel).
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Victims aged _____ will be examined at EmanuelHospital;
Victims aged _____ will be examined at OHSU
Victims under the age of 15 years will be examined at Emanuel (14 and under Emanuel)
Victims 15 years and older will be examined at OHSU.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Following an examination, if it is needed, the member will provide the victim with…
Transportation
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If a detective does not respond; the officer is responsible to:
- Transport the victim to the appropriate medical facility.
- Sign, list agency, DPSST, and date the Medical Report Sexual Assault form to authorize a sexual assault examination as appropriate.
- Conduct a thorough interview of the victim in the presence of an RVA (if one is available).
- Call Forensic Evidence Division for photos of the victim and the scene.
- Complete an Investigation Report and fax it to Detectives prior to the end of the shift.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
If a detective does respond, the member must…
follow directions given by the detective and leave a completed Special Report with the detective prior to leaving the hospital.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Detective Responsibilities
Detective Responsibilities
a. Conduct a thorough investigation and gather evidence as appropriate. Provide direction on investigative responsibilities and procedures to the responding officer.
b. Conduct thorough follow-up on assigned cases and assist the District Attorney’s (DA’s) office with prosecution.
c. Complete a Forensic Laboratory Form and transfer the Sexual Assault Evidence Kit and any other items of evidence to the Oregon State Police Crime Lab, if necessary.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Evidence Disposition
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.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
OHSU property/evidence
At OHSU, issue a property receipt listing UniversityHospital in the Location Where Seized section. Record the name of the nurse placing the Sexual Assault Evidence Kit and victim undergarments in the OHSU satellite evidence locker in the Property Taken From section of property receipt. The pink copy is placed in the OHSU satellite evidence locker. The yellow copy is retained by the hospital or the nurse placing the evidence into the locker. Property Evidence Division (PED) personnel will pick up completed sexual assault kits and undergarments only from OHSU once a week.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Emanuel and Portland Adventist; property/evidence
At Emanuel and Portland Adventist hospitals, issue a Property Receipt listing the corresponding hospital in the Location Where Seized section. Since these hospitals have no on-site evidence lockers, members will need to collect the kit and undergarments, if any, and place them in any satellite property room lockers.
Sexual Assault investigations
Officer/Detective Investigative Responsibilities
Clothing and other evidence wet with blood or other body fluids are biohazards. Universal precautions are recommended, including:
Wet body fluids and dry blood: Rubber gloves, mask, and eye protection.
Dry body fluids and dry blood: Rubber gloves. If available, mask and eye protection.
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. 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.
Child Abuse Investigation
POLICY
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.
Child Abuse Investigations
Child abuse is:
a. Any physical injury to a child by other than accidental means, including any injury that appears to be at variance with the explanation given as cause for the injury.
b. Any mental injury to a child that will include only observable and substantial impairment of the child’s mental or psychological ability to function, caused by cruelty to the child, with due regard to the culture of the child.
c. Sexual abuse, including but not limited to rape, sodomy, sexual abuse, incest, and unlawful sexual penetration.
d. Sexual exploitation of a child including visual recording of sexual conduct of children.
e. Negligent treatment or maltreatment of a child including, but not limited to, failure to provide adequate food, clothing, shelter or medical care.
f. Threatened harm to a child; subjecting a child to a substantial risk of harm to the child’s health or welfare.
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.
Child Abuse Investigations
Serious physical injury is:
a. A physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, impairment of health or protracted loss of the functions of any bodily organ.
b. Injuries such as serious head trauma, broken bones, serious burns, etc.
c. Injuries, after initial medical treatment, that requires a child to be admitted to a hospital.
Child Abuse Investigations
Suspicious physical injury:
Includes, but is not limited to, burns or scalds, extensive bruising or abrasions on any part of the body; bruising, swelling or abrasions on the head, neck or face; fractures of any bone in a child under the age of three; multiple fractures in a child of any age; dislocations, soft tissue swelling or moderate to severe cuts; loss of the ability to walk or move normally according to the child’s development ability; unconsciousness or difficulty maintaining consciousness; multiple injuries of different types; injuries causing serious or protracted disfigurement or loss or impairment of the function of any organ; and any other injury that threatens the physical well-being of a child.
Child Abuse Investigations
Responding Member Responsibilities
In all cases of reported physical or sexual child abuse, regardless if the report is unfounded, members will ___ _ ____ ____.
Write a police report.
Child Abuse Investigations
Responding Member Responsibilities
In all cases of reported physical or sexual child abuse, under no circumstances, even if the allegations appear unfounded, will…
members give the Bureau of Emergency Communication (BOEC) a coded radio disposition in lieu of writing a report.
Child Abuse Investigations
Responding Member Responsibilities
Even unfounded calls require a…
Special Report, to conform to state child abuse reporting laws.
Child Abuse Investigations
Responding Member Responsibilities
When possible, an ____ _____ will handle calls of child abuse. If responding member is not ____ ____ then the member will request an ____ trained member. If one is not available then the dispatched member will handle the call.
MDT member
MDT Trained
Child Abuse Investigations
Responding Member Responsibilities
The Child Abuse Team (CAT) or the Detective Division (Detectives) will be contacted to respond and coordinate the investigation of…
Cases of recent sexual assault (within 84 hours) or serious physical injury where the child is hospitalized,
CAT may respond after hours and on weekends upon approval of a CAT supervisor.
Child Abuse Investigations
Responding Member Responsibilities
The responding member is responsible to coordinate…
The medical treatment, physical examination, and sexual assault kit unless they are relieved of this responsibility by another member or detective. The member’s report will document the person who assumed this responsibility, and the time they did so.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
A child will be taken into protective custody by a member when:
a) The child is in imminent danger if not taken into protective custody.
b) There is a threat that abuse will occur if the child is not removed from the home (i.e., the child has been the victim of sexual molestation by a family member and that family member is still in the home, likely to return to the home or the other members of the family are not supportive of the victim).
c) There are no other alternative resources (such as a relative) to care for the child.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody
If a DHS worker is present, the member may do what regarding protective custody of a child
give the DHS worker custody of the child. In other circumstances, the member will transport the child to a confidential destination as directed by DHS or the Juvenile Intake Unit.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody
In all cases where a child is taken from a current custodian and given to another person, including a DHS worker…
A Custody Report will be written by the member.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
- The responding member is responsible for _______ even when a DHS worker is present.
The criminal investigation
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
A child may be taken into protective custody when:
- A child under ten years of age is left without supervision.
- The child’s conditions or surroundings reasonably appear to jeopardize the child’s welfare.
Child Abuse Investigations
Responding Member Responsibilities
___________ is the proper charge, rather than misdemeanor assault charges in physical child abuse cases. This includes domestic violence situations.
Criminal Mistreatment (ORS 163.205)
Child Abuse Investigations
Responding Member Responsibilities
When a member makes a custody arrest for Criminal Mistreatment I, the following procedure must be followed:
- Contact a CAT supervisor.
- 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.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
If a child is taken into protective custody, the member will make reasonable efforts to…
Notify the parents immediately, regardless of the time of day.
Notification may be in person, by telephone, or in writing.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
When notifying parents, Notification will include the following:
a) The fact that the child has been taken into custody.
b) The reasons why the child was taken into custody.
c) General information about the child’s placement (i.e., hospital, shelter home, JDH, etc.).
d) That a Juvenile Court hearing will occur the next court day.
e) The telephone number of the DHS Hotline.
Child Abuse Investigations
Responding Member Responsibilities
Protective custody.
The only exception to the parental notification will be at the direction of a ________ or….
CAT supervisor
Or
Where immediate notification of a parent may compromise the investigation or endanger other children. Under no circumstances will the member tell anyone (including a parent) the location of a foster/shelter care home, nor will it be listed in the member’s report.
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:
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.
Child Abuse Investigations
Responding Member Responsibilities
If an adult caretaker is arrested for child abuse, the arresting member will ________. This must occur even if the child is not taken into protective custody.
Call the DHS Hotline
Child Abuse Investigations
Responding Member Responsibilities
In cases of physical abuse, if the child is in need of emergency medical treatment or evaluation…
The child should be transported by ambulance to the nearest hospital or hospital of family choice.
Child Abuse Investigations
Responding Member Responsibilities
In cases of physical abuse, If the child is in need of non-emergency medical treatment…
The member may transport the child to a medical facility.
Child Abuse Investigations
Responding Member Responsibilities
Members facilitating or taking a child to a hospital for treatment of a serious physical injury will…
Immediately notify a CAT supervisor or Detective supervisor, if after normal business hours.
Child Abuse Investigations
Responding Member Responsibilities
When a member has reasonable cause to believe a child is a victim of sexual abuse and physical evidence is likely to be destroyed…
The member will follow procedures for investigating sex crimes and seek a physical examination for the collection and preservation of evidence, (i.e., sexual assault kit).
Child Abuse Investigations
Responding Member Responsibilities
A child __ years of age or older may refuse an examination. If the child’s parent or guardian refuses to allow medical evaluation, the member will…
12 years of age
take the child into protective custody or telephone Juvenile Court for authorization for treatment or contact Detectives for assistance, and complete a Custody Report.
Child Abuse Investigations
Responding Member Responsibilities
A child ___ years of age or younger will be transported to Emanuel Hospital. On weekdays a CAT supervisor can be contacted to arrange an emergency examination at CARES-NW.
14 years of age
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.
15 years
Rape Victim Advocate (RVA)
Child Abuse Investigations
Responding Member Responsibilities
Regarding the number of times a child abuse victim is interviewed…
Efforts will be made to minimize the number of times child abuse victims are interviewed.
Child Abuse Investigations
Responding Member Responsibilities
Generally, children under _________ should not be interviewed by members not specifically trained in child interview techniques.
Under ten years of age
Child Abuse Investigations
Responding Member Responsibilities
If investigating Physical abuse: Interview the child (if verbal) using…
Using non-leading questions
Child Abuse Investigations
Responding Member Responsibilities
If investigating Sexual abuse: Children who are _____ or younger will not be interviewed, but will be referred to __________ or the assigned _______ or __________.
Ten years of age
CARES-NW
DHS personnel
CAT detective
Child Abuse Investigations
Responding Member Responsibilities
Children over ten may be interviewed, but only to the extent necessary to establish a criminal allegation. For report purposes, members should thoroughly interview the person (s) to whom the child disclosed the abuse. Exceptions to this are as follows…
a) If the crime occurred within 84 hours, a short interview of the child is necessary to establish if the child will need a medical examination.
b) If the child (or other children) is at risk by a perpetrator still within the home, the child may be interviewed briefly to establish the need for protective custody.
Members, detectives, criminalists and DHS workers must coordinate efforts to secure photographic evidence of abuse.
Child Abuse Investigations
Responding Member Responsibilities
- Pursuant to Oregon law (2007 HB 3328: Karly’s Law), any person conducting a child abuse investigation who observes a child who has suffered _________ _______ injury must immediately photograph the injuries. Anogenital injuries may only be photographed by a _____ _____ but even these injuries must be photographed immediately.
Suspicious physical
Medical provider
Child Abuse Investigations
Responding Member Responsibilities
When photographing physical abuse, Digital photographs and/or 35mm, may be obtained by:
a) The responding member.
b) Detectives or the investigator.
c) Taking the child to Forensic Evidence Division (Forensics).
d) Requesting criminalists from the participating agency or Forensics to respond to the scene.
Child Abuse Investigations
Responding Member Responsibilities
- If criminal prosecution is likely, 35mm or digital photos are preferred. A _____ ______ should be used in the photograph to assist in judging the _____ and _____ of the injuries.
scale reference
size
scope
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…
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.
Child Abuse Investigations
Responding Member Responsibilities
Child neglect includes the omission of parental or caretaker responsibilities. Parents or caretakers are required to provide the necessities of life and protection from harm. Photographic documentation of un-healthy environments or unsafe conditions is important for criminal prosecution and juvenile court purposes. Specific investigative techniques include photographing:
a) Empty cupboards, messy sinks, insects, refrigerators, clogged sinks and toilets, feces, beds, drugs and drug paraphernalia, weapons, broken windows and other unsafe conditions.
b) The child and parent in the environment. If the parent has needle marks, photograph them.
c) Age dates on food containers or other items to show how long the condition has existed.