OO 11-12 Kidnapping - Parental Kidnapping

Question 1

The purpose of this order is to outline procedures for investigating Kidnapping and Parental Kidnapping and their individual reporting requirements. This Order supports the core values of “________” and “_________”.

Answer 1

“Always Improving” and “Community Focused.”

Question 2

Florida State Statute (F.S.S.) 787.01 defines Kidnapping as: “forcibly, secretly or by threat confining, abducting, or imprisoning another person against his or her will and without lawful authority, with intent to:

Answer 2

a. Hold for ransom or reward or as a shield or hostage;
b. Commit or facilitate commission of any felony;
c. Inflict bodily harm upon or to terrorize the victim or another person; or
d. Interfere with the performance of any governmental or political function.

Question 3

F.S.S. 787.02 defines ______ ________ as “forcibly, by threat or secretly confining, abducting, imprisoning or restraining another person without lawful authority and against his or her will.”

Answer 3

False Imprisonment

Question 4

F.S.S. 787.025 defines ____________ as “a person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice a child under the age of 12 into a structure, dwelling or conveyance for other than a lawful purpose.”

Answer 4

Luring or enticing a child

Question 5

Officers shall, upon determining that the kidnapping is bonafide, request the presence of a ________ at the scene.

Answer 5

supervisor

Question 6

Supervisors are responsible for determining if a detective should respond to the scene. (Reference: Operational Order 11.01, Patrol Investigations). Examples of when a detective shall respond are:

Answer 6

1. Kidnapping;
2. Attempted kidnapping (see Article II of this order for callout protocol);
3. Extortion or kidnapping of any public figure or corporate official; or
4. Cases not fabricated from domestic disputes and the victim is still missing at the time the incident is reported.

Question 7

When investigating any mysterious disappearance of a child of tender years (usually considered age 13 or under) or a confirmed non-custodial abduction, the Investigations Division Supervisor will ensure that the ___ is notified.

Answer 7

Federal Bureau of Investigation (F.B.I.)

Question 8

A _____ shall be initiated in all cases involving the suspected abduction of a child. The decision to utilize ____ rests with the Homicide Unit Commander or higher authority.

Answer 8

Florida Emergency Child Alert (FEMCA)

Question 9

In any situation when the criterion for activating FEMCA has been met the responsibility for notifying the F.B.I. shall rest with the on-call _______ Unit Supervisor.

Answer 9

Homicide

Question 10

FEMCA can only be activated through the ____. Therefore, an on-call Homicide Detective shall respond to conduct the investigation and the on-call Homicide Unit Supervisor shall respond to coordinate the investigation.

Answer 10

Florida Department of Law Enforcement (FDLE)

Question 11

The activation of FEMCA through FDLE shall be the responsibility of the on-call _____ Unit Supervisor after receiving approval from the Homicide Unit Commander or higher authority.

Answer 11

Homicide

Question 12

The following four specific criteria must be met in order for FDLE to activate an emergency missing child alert:

Answer 12

a. The child must be under 18 years of age;
b. The child must be in danger of serious bodily harm or death;
c. There must be enough descriptive information to believe a broadcast will help; and
d. The FDLE Regional Crimes Against Children (CAC), Special Agent Supervisor must approve the activation.

Question 13

In order to activate FEMCA, the on-call homicide unit supervisor will call the FDLE ____ at 1-888-356-4774. The Tallahassee Duty Desk personnel will respond to after hour requests.

Answer 13

Missing Children’s Information Clearinghouse (MCIC)

Question 14

FDLE/MCIC or duty desk personnel will notify the _______ supervisor who will work with the on-call homicide unit supervisor to determine if the missing child alert is to be broadcast on a regional or statewide basis.

Answer 14

FDLE/CAC (Regional Crimes against Children)

Question 15

Working together, the FDLE Supervisor and the on-call Homicide Unit Supervisor will prepare the information for the alert regarding the child, the suspect and any suspect vehicle information using the approved form ______________.

Answer 15

(Florida Emergency Missing Child Alert Form P- 0397)

Question 16

FDLE/MCIC or duty desk personnel will fax the information for the alert to the State Emergency Operation Center (EOC) who will broadcast it over the ____.

Answer 16

Emergency Alert System (EAS)

Question 17

The State EOC will only rebroadcast the alert at the request of ____.

Answer 17

FDLE

Question 18

Reporting procedures are as follows:

Answer 18

1. If the offense of kidnapping is committed in conjunction with at least two other reported offenses of the same incident and the victim is still missing at the time of the report, a separate report (with a separate C.C.R. number) will be written for the kidnapping. The Missing Person section of the report will be completed. If there are two offenses being reported and one is kidnapping, both offenses may be recorded on the same report. The Missing Person section will be completed even if the victim has been located or is reporting the offense;
2. The Missing Person section of the General Offense/Incident Report or Supplement Report (for local, previously reported, located victims) shall be completed for ALL kidnapping cases;
3. A NCIC dispatch number shall be obtained as soon as possible for those victims who are not located at the time of the report; and
4. Any vehicle information shall be included in the vehicle section.

Question 19

In cases of Attempted Abductions or Abductions/Kidnapping where the victim managed to escape or was recovered at the time of the report, officers shall determine (based on the circumstances) the motivation behind the act and:

Answer 19

1. If the circumstances indicate that the motive was likely for robbery, a Robbery Detective will be notified regardless of the age of the victim (examples include: carjacking with the victim being taken in the process, or the suspect demanding money/personal property, etc. as the reason for the abduction)
2. If the circumstances indicate that the motive was potentially sex-related, then a Special Assault Detective shall be notified, regardless of the age of the victim, and
3. If the circumstances indicate that the motive was unknown then,
   a. If the victim is 17 years of age or younger, a Special Assault Detective will be notified.
   b. If the victim is 18 years of age or older, a Homicide Detective will be notified.

Question 20

Officers shall notify ________, regardless of the motivation or age, when the victim is still missing at the time of the report.

Answer 20

Homicide

Question 21

Investigation procedures require officers to review ______, which outlines the limitations when a parent, non-custodial parent, or any other person interferes with the custody of a child.

Answer 21

F.S.S. 787.03

Question 22

F.S.S. 787.03 provides that it is a third degree felony for a spouse or any other person to take or conceal a child or incompetent person with malicious intent to deprive another person of his right to custody of the child or incompetent person. This section further provides that it is a defense to a prosecution if:

Answer 22

1. The suspect reasonably believes that the action was necessary to preserve the child or the incompetent person from danger to their welfare;
2. “The child or incompetent person was taken away at their own instigation without enticement and without purpose to commit a criminal offense with or against the child or incompetent person”;
3. It is a case “where a spouse who is the victim of any act of domestic violence or who has reasonable cause to believe they are about to become the victim of any act of domestic violence, as defined in F.S.S. 741.30”; or
4. The suspect believes that the action was “necessary to preserve the child or the incompetent person from danger to their welfare, seeks shelter from such acts or possible acts, and takes with them any child 17 years of age or younger.”

Question 23

The procedures to enforce a local custody order are as follows:

Answer 23

1. A custody order must contain the following language in order to be enforceable by a law enforcement officer:
   a. Language to the effect that the Sheriff shall enforce the provision of the order; and
   b. Specific instructions from a judge as to what the Sheriff is directed to do (e.g. go to the husband’s house forthwith to pick up a child and return the child to the mother).
2. Officers shall not enforce a custody order unless the order specifically directs the Sheriff to take a specific action(s).

Question 24

A custody order from another _____ jurisdiction will be enforced as if it was a local custody order.

Answer 24

Florida

Question 25

An _______ jurisdiction custody order will not be enforced unless it has been validated by a local circuit judge. If the out-of-state custody order has not been validated by a local circuit judge, officers shall advise the complainant to go to the clerk’s office to initiate the validation process.

Answer 25

out-of-state

Question 26

Parental Kidnapping/Interference with Custody (F.S.S. 787.03)

Reporting procedures are as follows:

Answer 26

1. Officers shall complete the required General Offense/Incident Report or Supplement Report (for local, previously reported, located victims) as outlined under Article I, Section C; and
2. The offense should be listed as “Interference with Custody F.S.S. 787.03”.

Question 27

“Interference with Custody” is classified as a Category “__” offense (Operational Order 11.01, Patrol Investigations) and is a ____ degree felony.

Answer 27

B

third

Question 28

Immediately upon the arrest of a kidnapping or Interference with Custody suspect, officers shall contact the appropriate __________.

Answer 28

Investigations Unit

Question 29

Patrol Officers’ interaction with the suspect should only consist of obtaining the necessary data for completing the Arrest and Booking Reports. Officers should avoid any lengthy ________ or ____________.

Answer 29

interrogations or interviews of suspects

Question 30

Interviews of kidnapping suspects (from cases not resulting from a domestic dispute and the motive is unknown) shall be conducted by a Homicide Detective if the victim is __ years of age or older or a Special Assault Detective when the victim is __ years of age or younger, regardless of the time of the day, unless the kidnapping is committed in connection with another crime such as sexual battery, robbery, carjacking, etc. When an additional crime(s) is involved, a detective from the most appropriate unit shall respond to conduct the interview.

Answer 30

18

17

Question 31

Officers shall notify the ______ Unit, regardless of the motivation or age, if the victim is still missing at the time of the report.

Answer 31

Homicide

Question 32

Interviews of “Interference with Custody” suspects, if needed, shall be conducted by a ________ Detective, regardless of the time of day.

Answer 32

Missing Persons

Question 33

If a suspect chooses to discuss the incident without any questioning on the part of Patrol Officers, officers shall ___________.

Answer 33

document these statements

Question 34

If a kidnapping arrest is made in a case not resulting from a domestic quarrel, officers shall consult with a detective from the appropriate unit in reference to seizing (ALL or some) of the suspect’s clothing as evidence.

Answer 34

ALL

Question 35

If a car was used by the suspect to transport a victim, it may be necessary to impound and seal the car until a search warrant can be obtained. A “____” shall be placed on the vehicle for the appropriate unit and the vehicle information included in the General Offense/Incident Report; however, a member of the appropriate unit shall be consulted prior to placing a “____” on a vehicle.

Answer 35

“hold”