INV-01 Criminal Investigations Flashcards
Continue invest until
Solved or closed or;
It appears that further investigation will be if no significant value
The investigator shall explain all rights to the suspect as required
Including Miranda, access to council, six hour rule.
Notification is required for custodial interrogations?
Miranda rights
Utilize, the SP124 Miranda rights warning and waiver form.
What is the six hour safe harbor rule?
Comm. v. Hipolito, relates to the right to arraignment without delay and custodial interrogations shall include:
Statements shall be taken from a defendant within six hours of arrest, or at a time if the defendant makes an informed voluntary written, or recorded waiver of their right to be arranged without unreasonable delay.
The period of safe harbor questioning commences on arrest and concludes six hours later without regard to court is in session.
It is well-known that you must immediately inform a detainee of his attorneys attempts to reach him but what else needs to be done?
An entry into the DAJ recording the name of the member receiving the call the lawyers name & board of bar overseer’s number (BBO) AND THE NAME OF THE MEMBER DELIVERING THE MESSAGE.
According to INV-01, what are some circumstances where alternatives to arrest may be appropriate?
Arrest may aggravate community conflict, or precipitate serious disorder
Urgent public emergency or more serious crime, necessitating immediate resources allocation/response
Minor offenses were a lesser discretionary method may provide enforcement and documentation of incidents
Medical emergencies
Search procedure of persons/places/objects. Without a warrant shall be guided by policy, state and federal laws. Some of these searches include:
Search by consent
Stop and frisk
Motor vehicle search
Crime scene
Existent circumstances
Inventory search
Other situations authorized by state and federal constitutional provisions, including by limited to :
Abandoned property
Open field doctrine
Plain view
Search Incident arrest
DFS investigations:
May initiate where warranted
Conducted preliminary investigation within jurisdiction
If circumstances exist that require specialized investigative techniques, or exceeds the scope or authority must contact DIS /DHS
TDO will notify on-call person of DIS/DHS.
The first member arriving at a crime scene shall:
Make safety the first priority
Medical services
Secure preserve the crime scene
Preliminary investigation
Relay responsibility only directed by a supervisor or designated DIS/DHS personnel .
Most victim/witness services are provided by:
AG or DA’s office. But nothing prevents a member of the department from providing victim/assistance during a PRELIMINARY investigation.
What is the Deconfliction?
A requirement of operation plans prior to approval to minimize investigative and operational conflicts in my agencies to ensure officer safety.
Designated rooms for interrogations/interviews requirements:
No firearms/ecw
Free from hazardous items
Equipment necessary, available in room prior to interview/interrogation
Audio recording shall be accordance with federal state, statues, case, law, and policy
Minimum number of law enforcement personnel
Must have portable radio on or other means of direct communication with desk, officer, or members outside the room.
Search room prior to interview
Provide individual with access to restroom, water, and comfort breaks as dictated