Signature: Signed by ES Date Signed: 5/30/2017

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1 Atlanta Police Department Policy Manual Standard Operating Procedure Effective Date June 1, 2017 Applicable To: All sworn employees Approval Authority: Chief Erika Shields Signature: Signed by ES Date Signed: 5/30/2017 Table of Content 1. PURPOSE 1 2. POLICY 1 3. RESPONSIBILITIES Responsibilities of the Organization Responsibilities of Sworn Employees 4 4. ACTION Operating Hours/On-Call Schedule Roll Call Briefings Developing Information Conducting Interviews and Interrogations Collection of Evidence Preliminary and Follow-up Investigations Follow-Up Investigations Investigative Aids Case Screening System Master File Court Subpoenas Preparing for Testifying in Court Time Keeping DEFINITIONS CANCELLATIONS REFERENCES PURPOSE 2. POLICY To establish policies and procedures for the efficient and effective management of the criminal investigation function within the (CID). It is the policy of the Atlanta Police Department to identify and apprehend offenders, recover property, gather, document and evaluate information regarding criminal activity, and assist in the prosecution of those charged with criminal offenses. CID shall perform the investigative tasks which go beyond the duties performed by patrol officers in the Field Operations Division (FOD). These investigations shall generally involve serious offenses, proactive investigations of some duration, incidents that cannot be resolved at the scene or during the tour of duty of the field officer, and other matters requiring extended investigation. Cases assigned to CID shall be properly monitored and managed by supervisors to ensure that the division s resources are used effectively. A good relationship with prosecutors shall be fostered to ensure the best possible case resolution. 3. RESPONSIBILITIES 3.1 Responsibilities of the Organization The Criminal Investigation Division is composed of four sections and one unit: the Major Crimes Section (MCS), the Special Enforcement Section (SES), Vehicles for Hire Section, and the Executive Protection Unit.

2 3.1.2 The Major Crimes Section is comprised of the Homicide Unit, the Fugitive Unit, the Special Victims Unit, the Metro Atlanta Crime Stoppers, and the Major Fraud Unit. 1. The Homicide Unit is responsible for investigating homicides, cold cases (unsolved homicides), missing adults, deaths in custody and complex special investigations. Within the Homicide Unit is the General Investigative Unit, which is responsible for responding to requests for investigative assistance during the morning watch hours. (APD.SOP.5040 Homicide Unit) 2. The Fugitive Unit shall service the entire department in the tracking and apprehension of persons who have outstanding violent Part I felony warrants as well as assisting other units with the apprehension of persons with outstanding non-violent Part I offense warrants. This unit is also a member of the U. S. Marshalls Office Southeast Regional Fugitive Task Force and the F.B.I. Atlanta Metropolitan Major Offender (AMMO) Task Force. (APD.SOP.5060 Fugitive Operations) 3. The Special Victims Unit (SVU) is responsible for investigating rapes, sexual assaults and all cases involving juvenile offenders and victims that include child abuse, child neglect, missing children in addition to child pornography and prostitution. (APD.SOP.5210 Special Victims Unit) 4. The Metro Atlanta Crime Stoppers is a network made up of the Atlanta Police Department and other area jurisdictions that compile and share information based on citizen tips regarding criminal activity in the metropolitan Atlanta area. (APD.SOP.6142 Crime Stoppers and Crime Tips) 5. The Major Fraud Unit is responsible for the investigation of fraud cases with an estimated loss of $10,000 or more. The Major Fraud Unit will monitor fraud crime patterns and coordinate enforcement efforts with the zone investigations. (APD.SOP.5220 Fraud Investigations) The Special Enforcement Section is composed of the Homeland Security Unit, Narcotics Unit, Targeted Enforcement Unit, Robbery Unit, HIDTA (High Intensity Drug Task Force), License & Permits Unit, Pawn Desk, and Repeat Offender Tracking Unit (ROTU). 1. The Homeland Security Unit consists of the Intelligence / Organized Crime Unit (IOCU), Electronic Surveillance Unit, and Cyber Crimes Unit (APD.SOP.5030 Homeland Security). a. The IOCU is responsible for the gathering, collating, analyzing, and disseminating information relating to criminal activity, which presents a threat to the community. The IOCU is also responsible for the investigation of individuals and groups involved in organized or biased (hate) criminal activity, and providing technical (wiretap) investigation assistance to other components of the department. b. The Electronic Surveillance Unit is responsible for maintaining the department s surveillance equipment, authorizing employees to use the equipment, and maintaining reports on surveillance activity. c. The Cyber Crimes Unit is responsible for investigating computer related crime, such as internet child pornography. They shall also assist in the collection and preservation of electronic criminal evidence, provide support, and assistance to other components of the department. (APD.SOP.5050 Cyber Crimes) Page 2 of 20

3 2. The Narcotics Unit is responsible for responding to complaints and conducting proactive investigations involving all forms of drug activity. The unit is also responsible for gathering intelligence and the enforcement of VGCSA (Violation of the Georgia Controlled Substance Act) associated to narcotics activity of an organized nature. The Narcotics Unit deals primarily with the proactive investigation of upper level manufacturing and distribution of illegal narcotics. (APD.SOP.5110 Undercover Operations) a. Within the Narcotics Unit is the Financial Investigations Squad. This squad is responsible for preparing forfeiture actions at both the State and Federal level for seizing assets and property belonging to criminals involved in illegal narcotics activity, gambling, prostitution, and all incidents that fall under the Racketeer Influenced and Corrupt Organization (RICO) Act 18USC96. (APD.SOP.5080 Financial Investigations Squad) 3. The Robbery Unit is responsible for investigating all robberies within the City of Atlanta to include commercial robberies, robberies of banking institutions, motor vehicle hijackings, pedestrian robberies and home invasions. The Robbery Unit works in conjunction with the Federal Bureau of Investigations where incidents involve interstate commerce. 4. The Targeted Enforcement Unit is responsible for identifying, verifying, monitoring, tracking, and supporting the growth and spread of street gang activity. (APD.SOP.5070 Targeted Enforcement Unit) 5. High Intensity Drug Trafficking Area (HIDTA) is a task force of local, state, and federal officers responsible for investigating narcotics trafficking. 6. The License and Permits Unit is responsible for the background investigation of persons applying for certain city issued permits and licenses, the issuance of certain permits and licenses, and the investigation of violations of regulatory laws involving licenses and permits. (APD.SOP.5130 License and Permits) 7. The Pawn Desk is a network with city pawn shops to alert investigators of stolen property attempting to be sold. (APD.SOP.5100 Pawn Desk) 8. The Repeat Offender Tracking Unit (ROTU) shall identify those offenders who are considered habitual or serious offenders and to notify and work together with the appropriate District Attorney s offices, probation offices, parole offices, law enforcement agencies and other justice partners on habitual cases. (APD.SOP.3033 Repeat Offenders Tracking Unit) The Vehicles for Hire Section is responsible for the inspection and enforcement of animal-drawn vehicles, taxicabs, and other vehicles for hire with the intent of ensuring safe and reliable transportation for hire in the City of Atlanta. (APD.SOP.3210 Vehicles for Hire) The Executive Protection Unit (EPU) is responsible for providing security for the Office of the Mayor, City Hall, visiting dignitaries, and VIPs when directed by the Mayor or the Chief of Police. (APD.SOP.5200 Executive Protection Unit) Page 3 of 20

4 3.2 Responsibilities of Sworn Employees Division Commander 1. The CID Commander is responsible for the overall operation of the division. He/she shall ensure that division personnel comply with established policies, procedures, and rules of the division and department. 2. The CID Commander shall be responsible for reporting monthly to the Chief of Police on the activities of the division during the previous month; to include the type and number of arrests, seizures, major case status, and fiscal accounting of departmental funds within the division Section Commander 1. Section commanders or his/her designee shall plan, organize, direct, and monitor the operations of their sections. They shall establish goals, provide appropriate policy and guidelines for operations, allocate and monitor manpower resources among their units, and prepare annual budget requests. 2. Section commanders shall coordinate and monitor investigative strategies within their unit. He/she shall respond to and direct investigative activities of serious crimes or allegations and matters involving public officials. He/she shall notify the division commander on progress and changes in the status of important cases by providing periodic updates. 3. Section commanders shall maintain liaison with assistant district attorneys, FOD section commanders, and other law enforcement agencies to stay abreast of mutual concerns Unit Commander 1. Unit commanders are responsible for the efficient and effective operation of their respective units. They shall direct the watch supervisors in their responsibilities and allocate personnel among watches. They shall be responsible for the maintenance and accuracy of unit files and reports including time books, master payroll records, daily sign-in logs, personnel files, and monthly unit performance reports. 2. Unit commanders or his/her designee shall develop and coordinate investigative strategies as necessary. They shall respond to, and oversee the investigative activities concerning serious crimes or allegations of serious crimes and matters involving public officials, unless relieved by a higher authority. 3. Unit commanders shall provide their section commanders with progress reports and changes in status of significant investigations. They shall ensure that cases are properly screened and that workloads are managed properly and efficiently. 4. Unit commanders shall ensure that vital information is communicated between watches and units by maintaining close liaison with other divisions and CID units. He/she shall ensure that all appropriate information be forwarded to the Intelligence/Organized Crime Unit. 5. Unit commanders shall be responsible for the direct supervision over major case investigations, communication between the various investigative units, watch assignments, off-day assignments, on-call assignments and weekend duty assignments. Page 4 of 20

5 3.2.4 Unit Supervisor Investigator 1. Unit supervisors shall direct and instruct subordinates in their duties, provide and recommend training for investigators, ensure required court appearances by subordinates, and visit courts to observe subordinate conduct and performance. 2. Unit supervisors shall ensure that calls for service are answered. If the call is outside the normal area of responsibility of available investigators, service shall be provided and responsibility transferred to the appropriate investigative unit as soon as practicable. 3. Unit supervisors shall review Case Management on ICIS, assign incident reports, approve requested time off, and certify the daily sign-in log. 4. Unit supervisors shall develop, or assist investigators in developing, investigative strategies. They shall personally respond to and assist with investigations of serious or complex crimes and shall closely monitor those investigations to ensure that appropriate resources are available and proper investigative action is taken. 5. Unit supervisors are responsible for overseeing and monitoring the overall quality of the case. 6. Unit supervisors shall advise their unit commander of matters of importance, unusual arrests or occurrences, or other conditions which may require their action. They shall brief the supervisor of the next watch about significant events occurring during their watch and of incidents requiring further action. 1. Investigators are responsible for properly conducting and completing investigations assigned to them. Investigators shall plan, conduct, report on investigations, appear and testify in all required court hearings, and assist prosecutors in prosecuting cases assigned to them. 2. Investigators shall assist employees in other divisions, sections, and units with the investigation of cases when such assistance is requested. 3. Investigators shall share information with other members of their unit that could aid in the investigation of other cases. 4. All information gathered by investigators shall be obtained legally and used for official purposes only Patrol Officers Assigned to CID. (CALEA 6 th ed. Standard ) 1. The assignment of patrol personnel to CID affords the opportunity not only to strengthen the investigative process but also to enhance career development of the individual officer, create a pool of patrol officers who possess investigative experience, and provide improved preliminary investigations by patrol officers. 2. The assignment to CID is a lateral transfer and shall not be considered a promotion. a. Patrol officers assigned to CID shall retain the same rank as in FOD. (CALEA 6 th ed. Standard a) Page 5 of 20

6 4. ACTION b. Rate of pay for re-assigned officers shall remain the same as uniformed officers. (CALEA 6 th ed. Standard b) c. Patrol officers assigned to CID shall report in plainclothes according to the dress code established for plainclothes sworn personnel. d. Patrol officers shall receive adequate training by the assigned unit s Commander or his/her designee before being assigned cases. e. Patrol officers shall abide by policies and procedures established by CID and the department. 4.1 Operating Hours/On-Call Schedule (CALEA 6 th ed. Standard ) Section commanders may alter the hours of operation of units within their section according to operational needs and personnel allocation The CID commander shall maintain an on-call schedule for each investigative unit that does not have 24 hour per day coverage and shall ensure a copy is sent to the Communication Section Commander, the FOD Commander, the Night Commander, and the Chief of Police. 4.2 Roll Call Briefings (CALEA 6 th ed. Standard ) Investigators assigned to CID shall conduct periodic briefings at FOD roll calls. These joint roll call briefings shall ensure cooperation between the two divisions and enhance the exchange of information. These briefings should include materials on B.O.L.O. s, crime patterns, and criminal activity. Each investigator shall make a notation of the date, time, and subject of the roll call briefing. It shall be recorded in the unit file. Each unit commander shall be responsible for monitoring these roll call briefings to insure adherence to this policy. 4.3 Developing Information (CALEA 6 th ed. Standard a) The development of pertinent case information begins when a call is received and continues until the case is cleared or designated inactive. Obtaining and recording even minor information is often crucial to the successful conclusion of a case Supervisors shall review incident reports received in their unit to discover valuable criminal intelligence, emerging crime patterns, or significant modus operandi (MO s.) The investigator should be mindful that there are many resources for developing information through witnesses, victims and confidential sources. Some examples of resources are: 1. The incident report (the basic source of information); 2. Crime intelligence bulletins; 3. Field interviews; 4. Interviews with the public (neighborhood canvass for witnesses, etc.); Page 6 of 20

7 5. Seminars and meetings including but not limited to the ACIN, Metro Gang, or Inter-agency law enforcement groups; 6. Information received by crime stoppers; 7. The media; 8. Traffic and accident reports; 9. Identification Unit photo and fingerprint records; 10. Pawn records; 11. Juvenile records; 12. Criss-cross directory; 13. Confidential source files; 14. Arrest records; and 15. Social Media Outside agency information can be invaluable in an investigation and should be utilized when appropriate. Such information includes: 1. GCIC/NCIC Criminal history; 2. Department of Motor Vehicle (DMV) and Department of Revenue records; 3. Probation and parole records; 4. Court records; 5. Tax records; 6. Licensing department records; 7. Welfare and social service agency records; 8. Board of education records; 9. Real estate records; 10. Post Office records; and 11. GCIC off-line searches Private organizations and agencies can also provide information valuable to investigations. Court orders may be necessary to obtain certain records. Such sources of information include: 1. Utility companies; Page 7 of 20

8 2. Telephone companies; 3. Banks and credit agencies; 4. Unions and professional agencies; 5. Insurance companies; 6. Neighbors, social contacts, and business associates; and 7. Medical records Criminal investigators shall maintain communications with zones, specialized units and other local, state, and federal agencies. Specific requests for information can be made via intelligence bulletins, BOLO broadcasts, roll-call briefings, direct contact with law enforcement officials, community leaders, or private individuals. 4.4 Conducting Interviews and Interrogations (CALEA 6 th ed. Standard b/d) Investigators must keep their objectivity and should be careful not to ask leading questions or suggest answers. However, uncooperative or unresponsive interviewees may be guided. In interviews, witnesses should be appreciated, victims treated with compassion, and suspects shall be treated fairly and afforded their constitutional rights Conducting an interview and interrogating a suspect is one of the most important phases of the investigation. The purpose of conducting interviews and interrogations is to gain information critical to the investigation and subsequent prosecution. Investigators assigned to CID shall use the following procedures when conducting interviews and interrogations: 1. In an interrogation, the investigator shall inform the suspect of his/her constitutional rights according to Miranda, regardless of whether another investigator or uniform officer has previously informed the suspect of his or her rights. These rights should be read from the standard Miranda Warning card (DPS 347). In addition, if the suspect chooses to make a written or taped statement, the Miranda warning shall be included at the beginning of the written or taped statement and a Form APD 905 Waiver of Counsel by Defendant in Custody shall be signed when possible by the suspect indicating that he/she voluntarily and intelligently waived their constitutional rights. Each page of the suspect s statement should contain their signature. 2. Investigators shall attempt to record by audio or video any statement, confession, or admission (except for juveniles, unless authorized by a Juvenile Court Judge; see APD.SOP.3190 Juvenile Procedures for further). When used, the audio and video recording shall be designated as evidence and shall be handled in the following manner: a. The original audio and video recording shall be duplicated; b. The original audio and video recording shall be handled, labeled, and stored in accordance with the agency's evidence handling and processing procedures (APD.SOP.6030 Property and Evidence Control); and c. The copy of the audio and video recording shall be used for future investigative activities and for clerical transcription. The copy shall be stored with the case master file. Page 8 of 20

9 3. If a suspect cannot read, write, or speak English an interpreter shall be located and provided prior to any questioning. When possible, bilingual police officers, who have shown proficiency in a foreign language, should be utilized for this purpose. If necessary, the department subscribes to the AT&T Language Line ( ), an interpreter service that can be conducted by telephone. 4. If there is more than one suspect in a crime, the suspects should be separated and interrogated individually. 5. When interrogating suspects, a second person should be present to witness the suspect s waiver of rights and statement, except when the suspect is being recorded by either audio or video. 6. Under no circumstances shall an investigator use any false promises and/or illegal tactics to coerce or induce an involuntary statement from a suspect or witness. 7. In the event that a suspect requests counsel all accusatory questioning must stop. The investigator may allow the suspect to contact his/her attorney by phone, if the investigator desires to continue his/her interrogation or interview. If the suspect does not have an attorney, the suspect may be given the opportunity to use the telephone and telephone directory to obtain counsel. If the suspect is indigent, the proper course of action shall be followed through the Fulton County, Dekalb County, or Clayton County Public Defender s Office. 8. No investigator shall make any pretrial statements to the media that may be prejudicial and/or may jeopardize the possibility of a fair trial (APD.SOP.1060 Public Affairs, Section ) 9. An interview is less intrusive than an interrogation and shall be conducted to obtain information when persons are not under arrest. The Miranda warning is unnecessary. a. Victim and witness interviews require detailed notes or audio and video recordings. Written statements should be made for future reference giving date, time, location, officers present, etc. b. The trauma/stress to which the victim or witness has been subjected to should be considered and the interview conducted in such a manner as to reduce stress and minimize further problems. c. The age, physical limitations, and credibility of a witness should also be taken into consideration. 10. When possible, interview rooms should be used to interview or interrogate all perpetrators (in custody) and all suspects. Investigators will search the interview room and all arrestees/prisoners prior to being brought into the interview room. (CALEA 6 th ed. Standard b) 11 Investigators shall not wear weapons into an interview room. (CALEA 6 th ed. Standard a) 12. Investigators will inform another person of their use of the interview room and be in possession of their portable radio to call for immediate help should the need arise. (CALEA 6 th ed. Standard d) Page 9 of 20

10 13 No more than two investigators should conduct an interview with a victim, witness, or suspect at the same time. (CALEA 6 th ed. Standard c) 14. Interview rooms will be maintained in a clean and orderly condition with only necessary items maintained in the room, i.e. table chair. (CALEA 6 th ed. Standard e) 15. Investigators will make all reasonable attempts to address any health or comfort issues that may arise during the interviewing process such as providing access to restrooms, water, and allowing reasonable breaks. (CALEA 6 th ed. Standard f) 4.5 Collection of Evidence (CALEA 6 th ed. Standard c) The lead investigator in coordination with the crime scene technician assigned to the case shall have a shared responsibility for the collection and preservation of evidence at crime scenes The crime scene technician s primary responsibility is to locate, recover, and preserve any items of evidentiary value. They shall also prepare sketches, and photograph crime scenes and motor vehicle collision scenes using both still photography and/or videotape. This process on the incident scene shall be directed by the lead investigator or supervisor. The crime scene technician shall also be involved in every aspect of processing the crime scene The Crime Scene Unit shall maintain a 24- hour, 7-day a week operation. When called, technicians shall proceed promptly to the crime scene and arrive as soon as possible with all equipment needed to photograph and process the scene adequately and efficiently The uniform officer shall be responsible for maintaining and preserving the crime scene prior to the investigator. Upon their arrival, the uniform officer shall brief the investigator and crime scene technician regarding the incident. He/she shall also inform the investigator and crime scene technician of critical evidence that could deteriorate or require special care. (APD.SOP.3081 Crime Scene Investigation) 4.6 Preliminary and Follow-up Investigations (CALEA 6 th ed. Standard ) Most investigations begin with the preliminary investigation being conducted by a field officer. Depending on the nature and severity of the crime and complexity of the crime scene, an investigator from CID or FOD may conduct the investigation. Investigators shall be notified if there is a need for an immediate investigation at the crime scene via a request from the field watch commander or a field supervisor When responding to a crime scene, the investigator should assume responsibility for determining what the investigator s role should be, for example, whether the investigator should handle the full preliminary investigation or serve as an advisor to the responding field officer The CID Commander shall assume responsibility for oversight and completion of all major crime scenes and investigations assigned to investigators under his/her command. The primary investigator has authority to establish priorities and make decisions regarding witnesses, suspects, recording of statements, collection of physical evidence, making on-site arrests, applying for warrants, and all other activities pertinent to a comprehensive investigation of the incident The field watch commander shall assign field officers to assist in the investigation. In such instances, these officers are directed by the on-scene primary investigator. Page 10 of 20

11 4.6.5 If the investigator assumes full responsibility for handling the preliminary investigation, the investigator shall: 1. Determine if the victim(s), suspect(s), or others at the crime scene need medical attention; 2. Immediately broadcast detailed and complete suspect lookouts; 3. Establish safeguards to preserve the crime scene to include: taping or roping off, posting officers or other action as determined by the crime and crime scene. Request the assistance of additional officers or a supervisor, if needed; 4. Determine investigative steps already taken; 5. Direct the search for and collect evidence at the crime scene and, if appropriate, arrange for photographs to be taken. Evidence should be collected whenever possible. Collection should be supervised in a cooperative effort directed by the primary investigator and crime scene technician assigned to the case. The chain of custody should always be kept as short as possible. 6. Sketch the crime scene if appropriate. Basic elements to be included in a crime scene sketch are: a. Dimensions; b. Relations of crime scene to other buildings, geographical features, or roads; c. Address, floor, or room number; d. Location of significant features of the scene, including the victim; e. Date and time of preparation; f. Names of persons preparing the sketch; g. Direction of north; and h. The location of items of physical evidence recovered. 7. Ensure proper marking, packaging, and transporting of evidence and photographs. If photographs are not taken and/or physical evidence is not recovered from the scene of a serious crime, the initial report shall include the reason for the action; and 8. After completion of the preliminary investigation, the investigator shall be responsible for conducting a thorough follow-up investigation. 4.7 Follow-Up Investigations (CALEA 6 th ed. Standard ) The primary investigator shall continue his/her preliminary investigation or shall review the preliminary investigation done by the field officer and make a determination of additional investigative activities that are required. These activities may include but are not limited to any or all of the following in the order deemed appropriate: Page 11 of 20

12 1. Review and analyze incident and supplemental reports prepared in the preliminary phase; (CALEA 6 th ed. Standard a) 2. Canvass crime scene areas if there is the possibility of discovering any type of useful information; 3. Interview victims, witnesses, and/or complainants without delay. Conduct initial interviews with suspects when available; 4. Search for additional witnesses; 5. When witnesses or victims are unable to furnish complete information during the initial interview, additional contacts shall be made after a lapse of several days, to obtain additional information. All additional contacts shall be documented; 6. Complete background checks on witnesses, victims, and suspects as appropriate; 7. Identify and apprehend suspects; (CALEA 6 th ed. Standard e) 8. Interrogate suspects as soon as appropriate. The interrogation shall include an attempt to determine if the suspect is involved in other crimes; (CALEA 6 th ed. Standard f) 9. Conduct additional interrogations to obtain further information; (CALEA 6 th ed. Standard b) 10. Check suspect s criminal history. (CALEA 6 th ed. Standard g) The use of criminal histories and photos shall be in compliance with GCIC and departmental regulations; 11. Attempt to determine if the suspect is involved in other reported crimes through fingerprints, modus operandi comparisons, confidential sources, crime analysis, and pawn information for other types of crime; (CALEA 6 th ed. Standard f) 12. Arrange for suspect composites to be prepared if appropriate; 13. Advise the supervisor when surveillance, polygraph or CVSA examinations (APD.SOP.3120 Polygraph and CVSA) wiretap, or other technical investigative assistance is needed; 14. Plan, organize, conduct searches, and collect physical evidence; (CALEA 6 th ed. Standard d) 15. Check evidence into the Property Control Unit. This process should be a cooperative effort between the lead investigator and the assigned crime scene technician. When necessary, evidence should be sent to the GBI Crime Lab or other laboratory for examination and a report of the examination results shall be requested. Review results from laboratory examinations; (CALEA 6 th ed. Standard a) 16. Prepare and execute search or arrest warrants (unless the arrest warrant is handled by the Fugitive unit); 17. When possible, be present at autopsies; 18. Seek additional information from other officers and investigators, contacts in community, confidential sources, and other agencies when possible. Confidential sources shall be Page 12 of 20

13 handled in accordance with APD.SOP.5160 Confidential Sources; (CALEA 6 th ed. Standard ) 19. Identify persons recently released from correctional facilities into the community from the repeat offender officers in each zone (APD.SOP.3031 Repeat Offenders); 20. Seek additional information from Central Records or the Tactical Crime Analysis Unit regarding suspects, witnesses, or past incidents at or near the location of the crime; 21. Seek additional information from records including motor vehicle registration, driver s licenses, social security numbers, occupational licenses, records from other law enforcement agencies, newspapers, employee records, and credit files. Creative use of non-criminal information records can often assist in the solving of crimes; 22. Evidentiary firearms should be entered into the National Crime Information Center (NCIC) database and the proper paperwork shall be filed to the Bureau of Alcohol, Tobacco, and Firearms (ATF) for a firearms trace; 23. Coordinate with departmental and regional intelligence databases (See APD.SOP.5160 Confidential Sources); 24. Fully utilize all departmental records such as the pawn desk, computer databases, criminal history, ACIN, crime analysis services, confidential sources, and other information that is available; 25. Enter wanted persons, stolen vehicles, and serial numbered stolen property into NCIC (APD.SOP.3110 GCIC and NCIC Information); 26. Arrange for the dissemination of appropriate information within the ACIN bulletin or other source of providing information throughout the department and outside agencies; 27. Make notifications and coordinate with other law enforcement agencies. In major cases potentially involving multiple jurisdictions, activate lead tracking protocols (e.g., FBI s Rapid Start); 28. Prepare summary reports. In cases where no photographs were taken or evidence collected, the reason(s) for the action shall be documented in the summary report; 29. When practical, notify victims and witnesses when their presence is required in court; and 30. Assist the prosecutor s office in case preparation and strategy by presenting evidence and statements; developing exhibits for presentation in court including latent fingerprint charts, crime scene sketches, photographs and preparing the case for court presentation (CALEA 6 th ed. Standard h) Documenting the Investigation (CALEA 6 th ed. Standard ) 1. The investigator shall use ICIS Case Management as a means of documenting his/her daily activities regarding the investigation. Investigators shall keep their immediate supervisor advised of their progress. Form APD 334 Investigator s Assignment Records is available if needed. Page 13 of 20

14 2. Original copies of statements, photographs, crime scene sketches, and all other case related documents shall be included in the master file (Form APD 308 Summary of Investigation). 3. Narcotics files shall be kept according to APD.SOP.5030 Homeland Security. 4. Homicide files shall be kept according to APD.SOP.5040 Homicide Unit. 4.8 Investigative Aids Polygraph and Computer Voice Stress Analyzer shall be used in accordance with APD.SOP.3120 Polygraph and CVSA. 1. In cases where an investigator desires to have an incarcerated subject examined, he or she shall make arrangements with the courts and/or corrections authority to secure the release of that person and to accompany the prisoner for the examination or have the examination conducted at the jail Audio and Video Recordings 1. State law permits covert or overt audio and video recordings of conversations without court order under certain conditions (O.C.G.A ). Generally, this is when at least one party to the conversation consents to the recording. Audio and video recordings may be used either as evidence or as a means of note taking. Recordings shall only be taken with city owned equipment. Any recording with any personal recording device is strictly prohibited (APD.SOP.2011 General Conduct) 2. Written consent should be obtained from the person (e.g. confidential source) who makes an overt or covert audio or video recording of any conversation at the direction or request of an officer (APD.SOP.5160 Confidential Sources.) Wiretaps, etc. 1. The SES shall provide assistance with investigations that can be aided through the use of wiretaps, pen registers (dialed number recorders), subpoena required recordings, or other technical means. 2. The SES Surveillance unit shall conduct technical surveillances, when a court order is applicable or required Surveillance (CALEA 6 th ed. Standard a) 1. Brief surveillances may be conducted as required during a routine investigation. 2. Surveillances that are lengthy or involve multiple officers must have supervisory approval. They should be planned using APD.SOP.5030 Homeland Security Background Investigations (CALEA 6 th ed. Standard d) 1. Generally, SES investigators conduct background investigations on suspects. If background investigations are conducted by non-ses investigators, the investigation shall follow applicable provisions in APD.SOP.5030 Homeland Security. Page 14 of 20

15 5. Employees of the Criminal Investigation Division shall on occasion conduct background investigations of persons and organizations during the course of their duties. Investigations may be conducted to gain intelligence information, establish known associates, develop M.O. s, etc. These investigations should be conducted as discreetly and as confidentially as possible in order to protect innocent persons. Background investigations may warrant judicial assistance in the form of a subpoena, wiretap, or court order. In these situations it shall be necessary to request assistance from SES in order to aid the investigator in following the proper procedure in securing the subpoena or court order. 6. Potential sources for background information are public utilities records, past employee records, credit information, criminal history records, license applications, driver s license information, other police agencies, electronic and visual surveillance, and confidential sources. 4. Once the information is collected, it shall then be evaluated as to criminal activity and its potential for use during any prosecution of the suspect. Background information collected should become a permanent part of the investigative file and be preserved by the investigator Search and Arrest Warrants (APD.SOP.5060 Fugitive Unit Operations) 1. Search warrants should be obtained whenever evidence may be found or there is the possibility of recovering property related to a crime. Search warrants can be of great value in clearing additional crimes and recovering the property of other victims. 2. When probable cause for an arrest is developed, the investigator should secure a warrant and make the arrest. Arrest warrants shall be handled in accordance with department procedures. The investigator should make at least two attempts to serve an arrest warrant before forwarding a complete fugitive package to the Fugitive Unit. The package must include the following items, if available: a. Completed and signed arrest warrants; b. Signed flag notice; c. Suspects driver s license information; d. Suspects criminal history; e. Offense report and any supplements; f. Photograph of suspect; (current if possible) g. Enter case in Pending File at complaint room; h. Investigators contact information; i. The date, time, and locations searched and the results at each location; and j. Case file notes. Page 15 of 20

16 3. If these items are not included in the fugitive package, include a brief explanation as to why they were omitted on Form APD 677 Internal Memorandum. 4. All Part 1 warrants should be forwarded to the Fugitive Unit within two days of being flagged at the Identification Unit. Unless otherwise approved by the Section Commander, the following units are required to send packages directly to the Fugitive Unit without making pick-up attempts: a. Homicide; b. Robbery; and c. Special Victims. 5. Out of the state extraditions: When investigators are notified that persons they initiated arrest warrants for are in custody outside of the state, they should immediately attempt to get that suspect indicted for the pending charges and notify the Fugitive Unit. 6. When investigators are notified that persons they initiated arrest warrants for are arrested and in custody within the state, the Fugitive Unit shall be notified. 4.9 Case Screening System (CALEA 6 th ed. Standard ) Reports assigned to CID shall first be sorted by Central Records and assigned to the appropriate investigative unit. Each investigative unit is specialized and contains investigators with specialized skills to perform specific types of investigations. After reports are sent to the appropriate unit, the supervisor shall then evaluate the report for investigative merit The watch supervisor shall assign all serious crimes to an investigator for investigation based on case screening. These include all homicides, rapes, robberies, aggravated assaults/battery, kidnappings, molestations, some missing persons, forgeries, and major frauds Cases that may not receive immediate follow-up investigation include simple batteries, some larcenies, some missing persons, criminal trespass, and other miscellaneous cases based on the unit commander s discretion Criteria for changing a cases status to inactive may include lack of further leads or solvability factors, unavailability of investigative resources, and/or the victim s refusal to cooperate The supervisor shall evaluate those cases not normally assigned due to their seriousness and apply the above evaluation criteria to determine whether those cases should also be assigned to an investigator for a follow-up investigation or if they should be inactivated Master File The master file should contain all preliminary investigative reports (originals shall be maintained in Central Records) and records of statements, results of examinations of physical evidence, case status reports, and other reports and records necessary for the prosecution of the case. If an item is unavailable, include a statement in its place describing the reason for its absence and when the item is expected. 1. The contents of the master file should be in a logical, intelligible, and chronological order. The following order shall be used as a general guide: (CALEA 6 th ed. Standard c) Page 16 of 20

17 a. Master file index (this index is required only if the master file is over 15 pages long. The index can be typed on blank paper and must identify each document in the master file); b. Incident report, case status reports, and any supplements needed for investigative purposes; c. Statements of other officers, the victim, witnesses, the suspect; d. All documentation written on ICIS Case Management for the case by the investigator; e. The arrest warrant, arrest report if different from the incident report; arrest tickets, waiver of rights, and lineup waiver; f. Report on lineup; g. Search warrant; h. Property/evidence documentation; i. Report on fingerprints, and other physical evidence; j. GBI, APD, private venders, medical examiners and outside jurisdictions crime lab reports of evidence; k. Change of status reports; l. Crime scene sketch; and m. Any photographs related to the case The supervisor shall review the master file and ensure that it is in accordance with the standards set by the prosecutors Access to the master file shall be limited to the investigator having responsibility for the case, his/her supervisor and to all others on a need-to-know basis regardless of rank. (CALEA 6 th ed. Standard d) Each unit shall keep the master file until the final court case disposition. In a case with multiple defendants, a cross-reference folder shall be made for each additional defendant; these folders shall be filed by the individual unit s procedures The master file shall be consolidated and stored in the Central Records Unit when the case is inactivated or closed. (CALEA 6 th ed. Standard e) 4.11 Court Subpoenas Investigators are responsible for checking PowerDMS (document management service) daily. The employee must acknowledge receipt by providing an electronic signature through PowerDMS and he/she must appear in the required court as specified. If the employee is unable to attend, he/she shall immediately notify their supervisor and the court. Page 17 of 20

18 If notification is made by phone, the person making the notification shall sign in the column for the investigator s signature If the investigator cannot be contacted in time to respond to the subpoena, it is the immediate supervisor s responsibility to notify the court. Enter the date, time, and person notified in the column for the investigator s signature Subpoenas for civil cases, character witnesses, and as a witness for the defense should immediately be brought to the attention of a supervisor The subpoena log shall be maintained in a loose-leaf binder. It may be removed and destroyed after 12 months Refer to departmental policy APD.SOP.3160 Court Responsibilities Preparing for Testifying in Court Investigators shall maintain an accurate record of their daily investigative activities on ICIS Case Management to assist them in preparation of the case for prosecution Prior to court appearance, the investigator shall review the case folder. Facts relative to the investigation shall be organized so that logical conclusions can be drawn. Since investigators notes may be entered into evidence, any such notes that are taken to court should be limited to those concerning the case at hand Employees appearing in court shall dress in conformity to APD.SOP.2010 Work Rules, APD.SOP.2130 Dress Code and the requirements of the court appearance policy. Employees shall always testify with honesty and in good faith Time Keeping In addition to Kronos, each unit shall maintain daily sign-in sheets or a daily activity sheet. Each member of the unit shall write the times at which the tour of duty began and ended each day. The sign-in sheet shall be submitted to the unit commander on the following day. The unit commander shall maintain these in accordance with the department s timekeeping procedures (APD.SOP.2050 Timekeeping). 5. DEFINITIONS 5.1 The following three definitions are related: Arrest: A person against whom charges are booked. A single arrest may involve multiple charges Case: A single reported criminal event receiving a single incident number. More than one case may be recorded on one incident report. Each victim of a crime of violence (e.g., homicide, robbery, rape, assault) and each stolen automobile are counted as one case; in crimes against property (e.g., burglary, larceny), each distinct operation is counted as one case. A case may involve more than one chargeable incident Charge: Each violation booked against an individual. (For example, an officer arrests two suspects for burglarizing a business. He/she books the first only for burglary, but books the second suspect for burglary, possession of burglary tools, and Page 18 of 20

19 possession of marijuana. In this example, there is one case, the burglary; there are two arrests and four charges.) 5.2 The following four case status terms are related: Closed Case: A case which has been cleared Inactivated Case: An inactive case; a classification given to a case when all leads are exhausted or the investigation is terminated prior to resolution. The case is not closed, and the investigation may be reactivated if further information is developed Open Case: A case being actively investigated Reopened Case: A case, which is changed from Inactivated to Open status; a reactivated case. 5.3 The following four investigation terms are related: Background Investigation: An investigation, the primary purpose of which is to verify or develop non-criminal information pertaining to the identification, status, history, surroundings, or condition of persons, organizations, or events Criminal Investigation: The collection of facts and information intended to identify an offender and to organize facts and information in a way that presents evidence sufficient for criminal charges Preliminary Investigation: The preliminary crime scene investigation and recording of information. It is generally the responsibility of first responding uniformed field officers, although in some instances investigative personnel may be assigned to or included in this function Special Investigation: An investigation of persons and/or events, which is not performed for the purpose of the immediate resolution of a specific criminal complaint (case). Special investigations include background investigations, intelligence gathering activities, regulatory investigations (e.g. licensing and permit investigations), and certain vice, narcotics, and organized crime investigations. 5.4 Primary Investigator: The officer assigned primary responsibility and accountability for an investigation, the investigator in charge. 5.5 Miranda Warning: Miranda warning advises people of their constitutional right not to answer questions and to have an attorney present before answering any questions. 5.6 Modus Operandi: A person s methods of operating or functioning. (MO) 5.7 Interrogation: Once a person being questioned is in custody, he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process. 5.8 Interview: A conversation with a person to elicit facts or statements for informational purposes. 6. CANCELLATIONS Criminal Investigation Division, revised October 1, 2012 Page 19 of 20

20 7. REFERENCES Commission on Accreditation for Law Enforcement Agencies, Inc., 6 th ed. Standards: 42.1 & 42.2 Form APD-300 Investigative Case Log Form APD-334 Investigator s Assignment Record Form APD-308 Summary of Investigation Form APD-615 Subpoena Log Form APD-677 Internal Memorandum Form APD-905 Waiver of Counsel by Defendant in Custody Page 20 of 20

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