1
Q
What are, under INV – 02, confidential informants used for?
A
Department shall develop and use confidential informants as well as other sources as a means to detect, and investigate violators of state and federal law.
2
Q
What is the definition of a confidential informant?
A
-A person who provides specific information to a Department investigator - and wishes their identity to remain confidential.
3
Q
What are special circumstances for confidential informants?
A
Certain persons should not be used as informants except in special circumstances approved by unit Commander’s. Search persons include:
- Juveniles
- Person wanted on warrants
- Persons with a criminal record for perjury
- Persons with a history of mental disorder or defect
4
Q
How do you protect informants and the investigators?
A
Precaution should be taken to protect the reputations and safety of informants investigators.
5
Q
Some informants may require additional precautions, what are they?
A
- Addicts should be careful carefully supervised and controlled
Parolees-Should be avoided whenever possible. Parolees are prohibited from associating with felons - approval from the informants parole officer is required.
6
Q
When meeting with informants of the opposite sex what shall happen?
A
Shall make sure that at least 2 members are present.
7
Q
What happens if a person comes forward with a willingness to cooperate and provide information?
A
Unit commander or designee shall interview the person as soon as practical
- investigate the background and suitability of potential informant and
- forward the name and biographical data to the appropriate Detective Captain or Major for entry into the Confidential Informant Database.
8
Q
What’s the responsibility of the Detective Captain/Major?
A
Responsible for checking the CIs name against the undesirable informant list
-Notify the Unit Commander if the CI is currently cooperating and or assigned to another section/unit.
9
Q
What’s the responsibility of the recruiting investigator?
A
- Fill out a SP405 informant information report when the person is approved to be a CI
- Keep a copy of the SP 405 within the unit
- Debrief the CI regarding their knowledge of other crimes.
10
Q
What do you need to know about the protecting of informants identity?
A
The law recognizes the government’s privilege not to reveal the identity of the CI. Protecting the identity of all CI’s from disclosure is an important factor for two reasons:
1) Provides safety from retaliation on the part of the criminals they helped to indicate
2) Disclosure of identity will prevent the informant from assisting on future investigations.
11
Q
Who shall have access to the informants information?
A
Units using informants shall maintain a file for CI, keep it locked and secured location accessible only to the unit commander or the designate.
12
Q
What shall be in the confidential informants file?
A
- Codename and code number designations
- Biological and background information.
- Criminal history record
- SP 404 standard agreement statement
- Other information deem necessary by the Unit Commander
13
Q
What are unit commanders responsibilities for confidential informants?
A
Periodically review and evaluate all informants work performance, usefulness, reliability, desirability and records of payment.
- Meet on a semi-annual basis with all registered informants and officers
- Submit status of informant in writing to DIS commander or DHS commander by January 15 and June 15 of every year.
- Upon termination of informant, summit in writing to DIS commander or DHS Commander the reason for termination
14
Q
What are expenditures for confidential informants?
A
Unit commander shall ensure all expenditures related to a CI be recorded on:
- SP 406 confidential expenditure fund voucher and
- SP-407 confidential expenditure fund log as outlined in INV-02A confidential funds.
15
Q
What are unit commanders responsibilities for expenditures?
A
-Unit commanders don’t have to record the funds on a SP407 if assigned to the attorney generals office, a district attorneys office, or federal task force where there is an internal mechanism for tracking such confidential funds.
16
Q
What Is the responsibility of the primary handler when you have an undesirable informants?
A
The primary handler shall submit a report detailing the CIs undesirable conduct to their unit Commander whenever a CI does the following:
- Endangers officer safety
- Deliberately gives false or misleading information
- Or is otherwise determined to be undesirable as an informant.
17
Q
What’s the responsibility of the unit commander for undesirable informants?
A
Unit Commander shall submit to the appropriate detective captain/Major the following:
- Documentation when a CI is terminated for being undesirable
- A copy of the applicable SP 405
- Copy of the primary handler’s report
18
Q
What’s the detective captain/Major’s responsibility for undesirable informants?
A
Place a CI on the undesirable informant list maintain by DIS and DHS
19
Q
What does the member do when the CI provides information for an investigation?
A
- Members will inform the DA or other agencies of the information provided by the CI and the investigation results
- They then may make recommendations to the DAs office, probation officer or other criminal distance agency for disposition on behalf of the CI
- You should never make any promises to a CI concerning the outcome of a pending court case.
20
Q
What precautions should you use with confidential informants?
A
For any interactions with CI should be kept on minimum. Whenever possible and practical meetings with CI shall be attended by two members and with prior notification of the union commander or a supervisor or as soon as possible after the meet
21
Q
When should a member interact with a confidential informant?
A
Remember interacts with a confidential informant while not on duty or not during the course of an investigation they shall notify the supervisor as soon as possible and document the reason for such interaction in the CI’s file with a written report.
22
Q
Whenever practical where you should you meet with a CI?
A
Whenever practical see I should never report to the units off in order to protect their identity and the identity of other undercover members. CI‘s should not be introduced to more than a minimum of undercover members to ensure that informant’s gain as little information as possible concerning undercover operations in the units activity.
23
Q
What happens of a member find information that informant has engaged in criminal activity?
A
That member shall immediately notify the unit commander or designee. The unit commander or designation shall conduct an immediate evaluation of the informant and make every effort to prosecute the CI involved in any unauthorized criminal activity
24
Q
What do you need to know about search warrants and confidential informants?
A
Search warrant applications and their accompanying affidavits containing information from a CI shall be reviewed and approved by supervisor before filing the application with the court.
25
What happens when a member from field services wants to use an individual as a CI?
They shall advise their station commander/LT. The station commander shall contact their Division Commander through channels for authorization to manage and register the CI Or -contact the appropriate DIS Unit Commandr or DHS Unit Commander
26
What does INV – 03 have to do with?
Prescription monitoring program
27
What does the prescription monitoring program have to deal with?
-Laws governing prescription drugs.
-The purpose is to assist healthcare providers and investigative agencies in addressing drug diversion and misuse and abuse of pharmaceutical controlled substances. -The Prescription Monitoring Program is a computer-based system that collects prescription data submitted by pharmacies on most prescriptions for controlled substances in schedules II through V.
28
When was the prescription monitoring program Established?
Massachusetts general Law Ch 94 C s 24A established the prescription monitoring program within the department of public health January 1, 2011. The DPH shall, upon request provide data to local, state and federal law-enforcement or prosecutorial officials working with EOPSS in the administration, investigation or enforcement of laws governing prescription drugs.
29
INV-03 Who has access to the prescription monitoring program?
The department authorizes sworn members assign to DIS or DHS to access and use information obtained by the PMP.
30
What do members who have access to the prescription monitoring program have to do?
-must successfully complete all required training and
-they must not share their passwords or codes with any other person.
31
What may the data ascertained from the prescription monitoring program be used for?
- May only be used in an official investigations for which it was requested.
- May only be shared with authorized personnel from other law-enforcement agencies or state and federal prosecutors working on a specific investigation
- Shall never be disseminated to others
32
INV-03 When are designated members allowed to use the data from the prescription monitoring program?
Allowed to use the information only connection with a bona fide specific for controlled substance related Criminal investigation.
33
What shall members not use the data for?
- For furtherance of any illegal act, violation of any criminal or civil laws or regulations
- For any political or commercial purpose
- To libel or otherwise defame any persons
34
INV-03 Prior to accessing data what Do members have to do?
- Notify your supervisor
- Open an investigation
- Obtain a department case number
- Write a short narrative that includes information to believe that prescription drugs are being diverted for legal purposes
35
INV-03 What are supervisor responsibilities for the prescription monitoring program?
- Ensure that members under the command comply with provisions of this policy
- Monitor members to ensure compliance
- **Notify prescription monitoring program administrator when it doesn’t mean member transfers from the unit*
36
What does INV – 05 have to do with?
Special protection for juveniles.
37
What’s the policy for special protections for juveniles?
-The courts recognize the vulnerability of children.
-The department shall ensure that juveniles are afforded special protections during non- custodial interviews and custodial interrogations
38
What is a juvenile?
A child was not yet attend his or her 18th birthday
39
What’s an interested adult?
An adult in position where they are an advocate and has the best interest at heart for the juvenile.
-The adult shall be 18 or older and preferably a parent or legal guardian or an adult sibling, relative, friend, or attorney
40
While interrogating a juvenile what is important to know?
-For the duration of the questioning and the number of members present should be as minimal as possible. -This is to prevent a coercive atmosphere and to protect the juveniles rights
41
What should happen before proceeding with a custodial interrogation of a juvenile?
Before proceeding Miranda Warning shall be given in the presence of the juvenile and their parent, guardian or interested adult.
The juvenile shall then be allowed to have a meaningful consultation with the interested adult
-** written waivers are preferred
42
What do you need to know about the juvenile was under the age of 12?
No criminal charges can be filed. They should not be question unless a parent or interested adult is present.
43
INV-05 What is the juvenile is Between the ages of 12 and before the 14th birthday ( basically a 13 year old)
- Criminal charges can be filed
- Juvenile shall not be questioned unless a parent or interested adult is present
- Must be given an ACTUAL opportunity to discuss their rights in private
-** police must honor any request by juvenile or adult to meet privately**
- Questioning can only commence when the juvenile in the adult indicate they understand the rights and consequences waving them and when the juvenile expressively waives their rights
44
INV-05 What do you need to know for juvenile from the age of 14 but not yet 18 and a parent or interested adult is not available after reasonable efforts are made to contact them?
- Charges can be filed
- Give juvenile The opportunity To have a meaningful consultation with the interest adult before they can wave Miranda rights.
- ***Best practice dictates interested adult in the juvenile give opportunity to confer in private
-**police must honor any request by the juvenile or adult to meet privately
- A statement may be taken if the juvenile demonstrates a high degree intelligence experience, knowledge, or sophistication and understanding Miranda warnings and the consequences of waving their rights.
45
INV-05 What are special considerations for juveniles given their rights?
- Members may have to take **extra steps** to ensure juveniles understand the rights.
- This may include explaining a repeating Miranda Wrights or explaining department procedures or juvenile court procedures to the juvenile.
46
What does INV – 10 have to deal with?
Evidence collection in preservation.
47
What’s the policy of evidence collection in preservation?
The departments in sure that evidence is properly recognized, documented, collected, package, and stored as well as ensure a chain of custody is established for the evidence recovered at every crime scene.
- All Evidence shall be entered into the evidence property control by prior end of the shift unless special circumstances then the most practical time.
- A descriptive inventory of the evidence or property show made verbally and documented in the DAJ by the Troop Duty Officer who shall be the approving authority for any documented delay.
48
What’s the definition of chain of custody?
The record documenting the location and person in control of the evidence from the time of its collection to final disposition.
49
What’s the definition of evidence from?
Facilities used by the department store in preserve Evidence.
50
What kind of services does the Massachusetts state police crime laboratory provide?
The MSPCL provides forensic services.
- They are divided into several different units or sections
- Trained and equipped to recognize, document, collect, preserve, and proper process many types of evidence.
51
What is the crime scene response unit?
The CSRU is a unit comprised of Forensic Scientists available to respond to crime scenes. There’s so services include but are not limited to:
- DNA, blood, semen and saliva documentation collection and preservation as Evidence
- Documentation collection in preservation of gunshot residue, trace evidence such as hairs, fibers, and paint
- Documentation, collection, preservation, and analysis of blood stain patterns.
52
What is crime scene services section?
CSSS assist with the recognition collection, processing, preservation, and documentation of many types of physical evidence. Services rendered shall be documented. Services include but are not limited to:
- Documentation of crime scenes to photographs, videos, diagrams and sketches
- Collection in processing a footwear, tire track impression Evidence, and latent print Evidence and
- Collection in preservation of other types of physical evidence.
53
What is a fire arms identification section?
FIS is available to respond to crime scenes were services are rendered shall be documented. Services include but are not limited to:
-Documentation, collection, in preservation of fire arms and related evidence.
54
What Is cyber crime unit?
A unit assigned to DHS and assist with the recognition, collection, preservation and examination of computers and other digital evidence devices for example cell phones, cameras, and digital storage media. This unit can provide field assistance by drafting search warrants for digital evidence crime scenes and digital evidence seizures.
55
What is the Collision analysis and reconstruction section?
CARS assist with technical analysis of crash scenes Including but not limited to:
- Documentation of crash it seems to diagrams and sketches
- Documentation, collection, and preservation of crash belated Evidence including vehicle components such as airbags, lamps, tires, and bumpers
- Vehicle inspections, including the documentation, collection, and preservation of airbag control modules, power train control modules, and vehicle media systems and
- Forensic mapping in diagramming of crime scenes through the use of unmanned aircraft systems or (UAS).
56
When a member first arrives at a crime scene what must happen?
Consider the nature of the incident or crime, jurisdiction, and investigative authority in contacts of recovering evidence of a crime.
57
What shall members arriving at the scene do?
- Attempt to identify and control any dangerous situation’s or persons well bearing in mind safety of the public in the officer
- Ensure medical attention is provided to Injured parties
- Take care when removing the injured or rendered scene safe and secure
- Be mindful that any action taken may affect or alter potential crime scenes and should be documented
- Establish boundaries beyond initial scope of the crime scene perimeter with the understanding that boundaries can be reduced but not easily expanded
58
When a scene requires special investigative and forensic units what shall responding members do?
- Secure the scene
- Evaluate the nature of the event or crime
- Preserve the same with the goal of preventing contamination and disturbance of potential evidence
59
What shell members do at crime scenes?
- Notify desk officer of crime scene
- Request assistance to Desk officer from other patrols, supervisors, investigative, or forensic unit as necessary
- Document relay appropriate Supervisory investigative or specialize personal relevant activities and observations and
60
What shall desk officers do for crime scenes?
Notify Troop Duty Officer Of crime scenes that require special assistance
61
What shall Troop Duty Officers do for crime scenes?
Request assistance on specialized units when the scenes requires scale or equipment beyond those of initial responding members
62
What do you need to know about crime scene command-and-control?
Responding members shall remain in charge of the scene until command is transferred to the supervisor or responding specialize units
- Continue to provide assistance until released
- Document activities while at the scene
63
INV-10 What do members have to do for crime scene perimeter in control?
- Establish a crime scene perimeter
- Establish boundaries beyond the initial scope the crime scene
- Control access to authorized personnel only
- Document the names of all persons who accessed the scene
64
What has to happen for the recovery of evidence?
- All crime scenes shall be documented prior to processing in searching. Documentation may include following:
- Written descriptions
- Photographs and videos
- Sketches and diagrams
- Three dimensional high definition serving
65
Who may collect evidence?
Any member may collect evidence. Member shall take steps to minimize handling of evidence. Member shall do the following:
- Wear gloves
- Understand that handling of evidence may destroy or damage latent fingerprints and DNA evidence
- Properly package evidence in a manager preserve and prevent spoilage or contamination.
66
What does all evidence need?
- All Evidence shall include a detailed description and recovery location. Items labeled shall be recorded on the outside of each packaged item and include the following:
- Case identifier/number
- The seizing members name and ID number
- Date, location of seizure, and description of items
- Initiation or continuation of documented chain of custody on all evidence.
- When multiple items are recovered from a single locations member shall sequentially number the items for identification purposes. -When personal from specialized units collectivization adhere to their respective policies and directives
67
What do you need to know about collecting in certain biological matter or chemical substances that may pose serious health us is handled properly or unprotected?
-Evidence requiring refrigeration shall be transferred to locked refrigeration unit located in Troop headquarters of jurisdiction. This transfer shall be documented utilizing the appropriate chain of custody forms, notations in the DAJ a notification to the evidence officer.
68
What do you have to do a DNA evidence?
MSPCL CSRU Should be contacted to assist at scenes with biological evidence
- Properly train members employee practices to prevent contamination of DNA
- Use of personal protective equipment and collecting packages of evidence should be by using materials appropriate for the preservation storage of biological material.
69
What do you need to know about photography and video recording of crime scenes?
Most crime scenes or type a document to buy CSSS and MSPCL. If they are not there:
- Take over all pictures depicting location of street signs, addresses, or other geographical information when possible
- Take overall photographs of the exterior of the crime scene and interior
- Assign unique identifier’s two items of evidence. Take additional photographs of those markers and the evidence
- Take mid range in close-up photos of items of interest For close-up photographs for comparative quality should include a scale, and be taken with the film plane of the camera parallel to the evidence.
- Any photo or video documentation Shelby noted in the report
- Photo or video documentation shall be processed in accordance to Policy, Section or unit SOP and applicable statutory/case law.
70
What do you need to know about fingerprinting of crime scenes?
-Services of CSSS should be utilized. In many instances Evidence may be documented, collected, and submitted to the MSPCL for processing according to this policy.
71
What do you need to know about DNA collection of known sources?
- Materials and substances should be considered for collection from unknown source for the submission of the crime lab.
- Collection of known sore standards for DNA shall be done in accordance with the crime lab procedures. Office is performing collection Shelby train by the crime lab personnel prior to performing these collections.
72
What do you need to know about storing maintaining releasing Evidence?
Station/Section/Unit commander shall be responsible for receiving storing maintaining releasing an accounting for all Evidence. Commander shall ensure that:
- Evidence’s place in the Evidence room or authorized location prior to the end of the shift
- A written report detailing full accounting for the Evidence shall be completed
- When analysis is required Evidence is promptly submitted to the appropriate facility
- Evidence of value is too large to be stored in temporary evidence locker should be photographed to Memorialize its original evidentiary state and be stored in the area that is secure and maintains integrity of the evidence prior to processing.
- Evidence is packaged and label accordingly
- Efforts are undertaken to identify notify owner of custodian of property in the agencies custody
- Establish procedures for temporary and final release of property
73
What does INV – 11 have to deal with?
Controlled substances intake and storage
74
What’s a policy for controlled substance intake and storage?
Department shall establish rigid protocols for controlled substances held within the custody to preserve the integrity of the department and personnel. All evidence that comes in shall be entered into the evidence/property control function prior to the end of the shift. If there’s a delay it should be done the next practical time and shall be documented in the DAJ as well by the troop duty officer who approved the delay. A written report detailing a full account of the evidence by which the controlled substance came into the departments possession shall be completed on the appropriate forms.
75
What’s the definition of a controlled substance?
All narcotics, drugs, and substances listed in MGL chapter 94C.
76
What’s the definition of a department in Evidence Officer?
A member appointed by the Colonel to act as a custodian of all controlled substances used in the course of any arrest or investigation by department.
77
What is the narcotics central evidence locker?
CEL Is a secure location located within the state police troop of jurisdiction. The CEL is staffed by the narcotics inspection unit personnel. The NIU personnel assigned to the CEL shall have direct control and responsibility for handling, storage, insecurity of controlled substances seas by members located within their Troop jurisdiction.
78
What’s the definition of the narcotics inspection unit?
The NIU It’s a unit shall exercise administrative control and supervision of procedures concerning the markings, recording, storage, handling, disposal, and distraction of all controlled substances obtained or seized by members of the department.
79
What’s the definition of the NIU bunker?
The narcotics locker located in the state police general headquarters used to Store controlled substances that have been transported from the station/Section/unit or central evidence locker and are awaiting trial, distraction, or disposal.
80
What is the temporary controlled substance evidence locker?
Temporary limited access storage area/locker within department facilities for controlled substances that come into the possession of the department.
81
What’s the responsibilities of the narcotics inspection unit Commander?
- Assume responsibility and duties as specified in 94 C-section 47 a Azzie “Evidence officer” for the department
- Shall Have Commad and control of the NIU bunker located at general headquarters
82
What is a Troop/Section Commanders responsibilities For controlled substance intake and storage?
Ensure the security and safeguarding of all controlled substances held at all Section/station/units under their command
83
What are the station/Section/unit Commander’s responsibilities for controlled substance and take storage?
- Has the responsibility as a “Evidence officer” of the station section or unit.
- Has direct control and responsibility for the handling, storage, and security of controlled substances seized
- Retain responsibility of all controlled substances in a chair adherence to policy and procedure
- Ensure that members under their Commander trained in familiar with the appropriate handling and storage of controlled substances and
- Notify the NIU or CEL fourth with to make arrangements for transportation of controlled substances according to the NIU procedures.
84
What me the station/Section/unit commander do as an evidence Officer?
They may delegate the duties of the evidence officer to any member under their command
-That member will be serving as the “assistant Evidence officer” for that station/Section/unit.
85
Upon arrival at the station the investigating officer who has controlled substances as evidence shall do what??
Log the substance in the DAJ and temp locker journal
- Tagged items
- Put an evidence bags for the required info to include the following:
- Name
- DOB
- Case number
- Date seized
- Location where it was seized
- Reef description of item, listing quantities on evidence packaging in chain of custody form
- Indicate whether substance has been transferred directly to the evidence officer or placed into the temporary controlled substance evidence locker.
- Ensure that the SP295 drug submission form is completed.
86
What’s the responsibility of the station/Section/unit evidence Officer?
- Maintain The temp locker journal
- Ensure journal is kept near the locker, check the journal and locker during shift for items that may have been put in
- Contact NIU and or the CEL when substances have been seized and are in the temp evidence locker
- Ensure the controlled substances are properly labeled and packaged by the investigating officer and they have completed the SP295
87
What do you need to know about the permanent storage of a controlled substance?
Permanent storage of controlled substances shall bw:
- Stored at the CEL of jurisdiction and the NIU bunker
- They should not be stored in vehicles or personal storage areas
- With proper approval controlled substances may be stored at the Troop Headquarters K-9 aid storage lockers for training purposes.
88
What do you need to know about the temporary storage of a controlled substance?
- Each station/Section/unit shall:
- Be provided with a temporary controlled substance evidence locker with a 24 hour access to all authorized personnel
- Allow for the temp secure storage of controlled substances
- Have the temp evidence locker journal to enter all information.
89
What’s the responsibility of the evidence Officer?
- Ensure the temp evidence locker remain secure at all times
| - Prevent access to an authorized personnel
90
If you need guidance for unusual value or size of controlled substances what are you do?
-Call the CEL or NIU immediately if the amount seized is too big for the temporary locker or if marijuana plants are seized.
91
What shall the evidence officer do for Significant value or unusual size of Controlled Substance storage?
- For 50 pounds or more of marijuana
-280 g or more of cocaine
-28 g or more of heroin
-1000 ir more of class a, B or C
-28 g more of fentanyl
-28 g or more of methamphetamine
The evidence officer shall make arrangements with the NIU and or the CEL of jurisdiction for the storage of these items.
92
What are the rules for controlled substances storage That are too large or high value to be held in a temp locker?
- Shall not be held more than 72 hours in a temp locker or CEL unless authorized by NIU commander
- Document it on forms as undetermined amount pending official crime lab testing
- Store at NIU
- If possible prior to storing at NIU bring it to the lab for analysis
93
What is the evidence officer or investigating officer have to do for large quantities of narcotics?
Notify the NIU or CEL fourth with to make arrangements for transportation of the controlled substance according to NIU procedures
94
What do you have to do if there’s a change in the chain of custody?
Investigating officer shall:
- Complete the SP 295
- And sure it is attached to the controlled substances that are involved in a temporary change of position outside the custody of the Evidence officer.
95
What do you have to do for any change in the chain of custody for a controlled substance?
Have entries made on the SP 295 and the temp control locker journal if applicable. In the event that there’s no more room on the SP to 95 use a second form and record it as page 1 of 12 of 2 etc. require copies of the SP 295 be retained in distributed as indicated on the form.
96
What do you need to do if you’re handling or transporting controlled substances?
Ensure the presence and condition of the controlled substance by examining it without opening the containers or breaking any seals
- Obtain the signature of the receiving party
- Document the date and location on the SP 295
97
What are the inspection of controlled substances packaging?
- All members involved in the movement of a controlled substance shell inspect the packaging for signs of tampering
- And immediately notify the station/Section/unit Commander in NIU Commander if the packaging appears to have been tampered with.
- That commander shell notified through the channels to DST and requested an investigation be conducted.
98
What happens when the controlled substance packages opened?
If a controlled substance is ordered to be open during corporate procedures ASP 655 form Shelby generated and kept with the open evidence. SP six 655 shall include the name of the judge requested it to be opened, Shelby saw signed by the judge that ordered the opening or by ADA or the clerk magistrate for that court.
-Ravenous officer make complete the SP 655 however it should only be signed by a judge, ADA, clerk magistrate.
99
What are the Troop or Section Commanders responsibilities for inspections?
-Conduct monthly line inspections of temporary controlled substance storage areas under their control to ensure compliance
100
What do you need to know about NIU inspections?
- Annually or as directed by Colonel’s office conduct official, unannounced, and random inspections of all storage lockers to ensure compliance
- Will issue a written report with its findings and observations
- Send a copy of the report to the station in Commander, Supervisor of the CEL inspected, and the NIU Commander.
101
Who made check controlled substance and take storage areas at any time?
The office of professional integrity and accountability(OPIA) May conduct periodic checks of all department controlled substance lockers to ensure integrity of the system.
102
What do evidence officers, CEL and NIU personnel have to do?
- May be required to attend specified training conducted by the NIU commander and
- Include classroom and or online academy training
103
What do you need to know about audits of controlled substances or storage areas?
-Whenever a new evidence officer or assistant evidence officer is designated, an audit of the controlled substances held in the temporary or permanent storage areas shall be conducted jointly with the outgoing and incoming Evidence officers. The results shall be documented in the DAJ. In the event that no controlled substances are present do to chain of custody transfer to the NIU the audit shall document same
104
What does INV – 01 have to do with?
Criminal investigations
105
INV-01 What do you need to know about criminal investigations?
The SP124 the Miranda rights and warning waiver for custodial purposes only. Need it read for for interviews in interrogations of someone in custody
-6 hour safe Harbor rule. As it relates to the right of an arrangement without delay in custodial
interrogations.
106
What is the six 6 hour safe Harbor rule?
Statements of a person being questioning should be taken within six hours of arrest.
-Safe Harbor starts with arrest and ends at six hours.
-If drunk then whenever or when sober then start.
107
In INV – 01 criminal investigations what is the McNulty rule?
Immediately inform the suspect, if the attorney calls and gives them their message.
-You must enter, who took the call, the attorneys BBO, (or board of bar overseer‘s) number,
-name of SP member giving the message and put it all in the DAJ. Record, interviews, or interrogations, and with interpreters where practical.
108
When do you give the suspect a copy of the warrant? And when do you give it to them?
Give them a copy of the true warrant within six hours if they request it.
109
When do you give the suspect a copy of the warrant? And when do you give it to them?
Give them a copy of the true warrant within six hours if they request it.
110
INV-01 For members conducting an arrest without a warrant, what shall they ensure?
You probably cause for a rest established prior to custody
Advised the prisoner of the charges
Notify the barracks
-put in the DAJ/AIS
-Transport
-process
-Report
111
INV-01 For members conducting an arrest without a warrant, what shall they ensure?
You probably cause for a rest established prior to custody
Advised the prisoner of the charges
Notify the barracks
-put in the DAJ/AIS
-Transport
-process
-Report
112
And INV – 01 what are the circumstances were alternates to arrest may be appropriate?
-And arrest my aggravate, the community conflict or participate serious disorder
-urgent, public emergency or more series crime necessitating immediate resource allocations/
-minor offenses were lesser discretionary method may provide enforcement and documentation of incident and
-medical emergencies
113
INV-01 When would the DA control and investigation?
Upon notification of a death the DA would direct and control the criminal investigation in conjunction with law-enforcement agencies of jurisdiction.
114
INV-01 for members assigned to DFS, when they need to initiate a criminal investigation or criminal activity is occurring hat should they do?
In cases where DFS members encounter a situation that’s necessary for some sort of investigation members shall immediately notify DIS or DHS when circumstances require -specialized investigation techniques
-and/or when demands upon the responding member clearly exceeds the scope of their investigation, authority or abilities.
115
And INV – 01 what shall preliminary investigation steps include?
-determine if a crime has been comm
-Maintain and protect the crime
-Observing and recording all conditions, events in remark
-Arrange arrange for collection of evidence
-Do not touch or physically move Evidence unless
-If physical evidence has moved, a notation shall be made of its exact location position at the
-Identify an interview the complaint and witnesses as soon as possible in a quiet environment and separately
116
And INV – year one for criminal investigation the first member arriving at a crime scene shall do what?
*Makes scene safety the first priority*
117
INV-01 What should field members do at a crime scene to make sure all information is recorded?
Members she make field notes of all pertinent information and not solely rely on their memory.
118
And INV – 01 what is part of the follow up investigative steps?
Review and analyze all previous reports
-Conduct additional interviews and interrogate
-Search warrants
-planning in organizing conducting searches and collecting physical evidence
-Identifying an apprehending suspects
-Determining involvement of suspects and other crimes
-Check criminal
-Preparing a written report, documenting investigative steps under
-Preparing cases to include all required reports for court presentations
119
INV – 01 as a part of the criminal investigation what do you have to do for victim/witness assistance?
Victim, witness rights guided by state, federal laws, and common wealth spill of rights. The department shall provide assistance to the victim/witnesses when threatened or in fear.
120
INV – 01 what do you need to remember when conducting interviews and interrogations?
-Don’t wear your firearm in ECW during interview and interrogations
-The interrogation room should be free of items or hazardous materials that may be utilized to escape
-Have the minimum number of Law enforcement person personnel allowed in the interview
-should audio/video record interviews in accordance with federal state statues and regulations current case law in department policy
-Should have your portable radio on or another means of direct communication with the Desk officer or another law-enforcement member outside the room
-Prior to room should be searched and cleared any items that could be used as a we
-The individual being interviewed should be provided access to restroom, water, and breaks as circumstances dictate
121
INV-01A what does INV – 01 a have to do with?
Case management
122
INV-01A what does INV – 01 a have to do with?
Case management
123
And INV – 01 A 4 complaint information what is needed at a minimum?
Name
Address
Phone
Date of birth
Complaint information
124
What is the policy of INV–01A?
Case management is it an ongoing process involving all members. Proper case management facilitates the scope and direction of the investigation
commanders shall screen cases for investigation to include :
-Preliminary information and determine the need for a follow. Follow
-Solvability factors to determine continuation or suspension of an investigation effort
-Assigned personnel and resources to each individual case
125
What is case management and INV –01A?
Case management isn’t ongoing process involving all members, used to maintain records, preliminary investigation, ports, records of statements, records of arrest, results of examination of physical evidence, and case status.
126
And INV – 01A for the division of field services what shall every case assigned or initiated be entered into?
The daily and administrative journal or the DAJ.
127
What is the minimum amount of complaint information that is needed to be entered into the DJ?
Incident number
-Date of entry
-Investigating member
-Complaints, name and address
-Nature of a complaint
-Date department section to which the investigative report was forwarded to
128
And INV – 01A for the division of investigative services or Homeland, security and preparedness, what should every case assigned be entered into?
Should be entered into ACISS case management.
129
For the division of investigative services or department of homeland security what is the minimum complaint information that should be entered into ACISS?
-date initiated
-case Officer
-Case type
-Case description
-Case status
-case synopsis
130
For the division of investigative services or department of homeland security what is the minimum complaint information that should be entered into ACISS?
-date initiated
-case Officer
-Case type
-Case description
-Case status
-case synopsis
131
Under case status what are the four options?
Opened
Closed
Pending
Suspended
132
For DFS barracks, utilizing rams all case numbers shall be generated by who?
Generated by RAMS
133
For stations/section/units utilizing ACISS who generates the case numbers?
The case is generated by ACISS.
134
For stations/section/units utilizing ACISS who generates the case numbers?
The case is generated by ACISS.
135
For case responsibility, who shall be assigned?
A single member shall be in charge of each case.
-They will be responsible for reports.
-Accounts for Evidence
-Coordinate the investigative activity and information.
Although there may be other members assigned to the case, only a single member is in charge of all the case information
136
For case responsibility, who shall be assigned?
A single member shall be in charge of each case.
-They will be responsible for reports.
-Accounts for Evidence
-Coordinate the investigative activity and information.
Although there may be other members assigned to the case, only a single member is in charge of all the case information
137
And INV – 01A how shall cases be filed?
The primary filing system should be filed by case number.
138
What is the difference between ACISS and RAMS?
Everyone can access case files in rams.
ACISS there are three categories of access to cases.
139
What is three kinds of access to ACISS cases?
-System wide
-Chain of command
-Hidden
140
Under case dissemination what is system wide access?
Everybody in ACISS can see the assignment or the record
141
Under case dissemination what is system wide access?
Everybody in ACISS can see the assignment or the record
142
Under case dissemination for ACISS cases, what is the chain of command access?
The record will be secured according to the assignment within the security model. The only operators who can view the case are the case lead officers, operators listed in the additional authorized user screen, and anyone who has the appropriate security clearance for the case.
143
Under case dissemination for ACISS cases, what is the hidden access to cases?
The record will be treated as a hidden entity and following existing access rules for that. Hiding a case, also hides a report within the case. However, it does not hide court entities related to the case.
144
And INV – 01A how long are aces cases maintained electronically?
Cases will be perpetually maintained electronically unless a court order directs the purge of all particular cases. Meaning you’ll be able to have access it to it forever.
145
How should the purging of any other records or case files not in the ACISS be maintained?
Case files or record Shelby in compliance with the retention schedule. Questions on file retention and paging shall be directed to the departments legal section.
146
How should the purging of any other records or case files not in the ACISS be maintained?
Case files or record Shelby in compliance with the retention schedule. Questions on file retention and paging shall be directed to the departments legal section.
147
How should hardcopies of case files be maintained?
Hardcopies of case files shall be maintained and secured areas with access to limited to authorize personnel. The central records facility of Ghq Shelby secured in accessible to only authorized personnel. After hours access shall be authorized and facility, facilitated by the OIC of each facility and limited to members with lawful authority to access these records.
148
What do you need to know about case file retention or purging procedures?
The release and or access to record shall be limited to department members within identified investigator reason for accessing that record. Access outside should be limited to only for a lawful reason with the approval of the station OIC.
149
What do you need to know about case file retention or purging procedures?
The release and or access to record shall be limited to department members within identified investigator reason for accessing that record. Access outside should be limited to only for a lawful reason with the approval of the station OIC.
150
Are you allowed to release records to requesting law-enforcement agencies
The release of record Shelby at the discretion of the OIC of the departments facility of jurisdiction.
151
Under INV – 01A When shall the release of records be made to the public?
Through a formal public records request filed with the legal section. Exceptions to this requirement are provided in SUP – 03 media relations.
152
INV – 01A What is the review and approval process for reports?
Reports SHALL be reviewed by the members for completeness and accuracy prior to submission
-reviewed by supervisor after submission for complete list and accuracy prior to approval
-Return to the member for further investigation if necessary
153
What are the rules for case suspension?
A case may be suspended if it is approved by station commander at the recommendation of a member when:
-Every reasonable Avenue of investigation has been pursued in ex
-there is a lack of further leads or solvability fact
-investigative resources are unavailable due to current workload and
-The seriousness of the crime is insufficient to justify continued investigative efforts.
154
What are the rules for case suspension?
A case may be suspended if it is approved by station commander at the recommendation of a member when:
-Every reasonable Avenue of investigation has been pursued in ex
-there is a lack of further leads or solvability fact
-investigative resources are unavailable due to current workload and
-The seriousness of the crime is insufficient to justify continued investigative efforts.
155
If an investigation is closed or suspended, what do you need to ensure?
Ensure that the suspension does not make it so that the case case may be reopened at any time
156
What are the certain cases that a investigation cannot be suspended or closed?
Certain cases due to the series, nature are not eligible for suspension status for example murder, rape, armed robbery.
157
Who can authorize case termination and why?
Only the station commander shall approve request to close a case, and should consider, at a minimum the following following, and determining, if the case, merits termination:
-Seriousness of offense
-Availability of resources
-Unfounded complaint
-Refusal for complainant to cooperate
-Declaration by prosecutor
-adjudication completed
-And administrative closing
-
158
What does INV – 02A have to do with?
Confidential funds
159
INV-02A what is a policy for confidential funds?
Confidential funds may be used to further investigations, and Shelby carefully monitored and supervised.
160
INV-02A Where do confidential funds come from?
AG‘s office, district attorneys office, grant money, forfeiture funds, and funds from state and federal government agencies.
161
INV –02A who may have a confidential expenditure fund account?
A unit commander may maintain a confidential expenditure fund account. Access to this account shall be restricted to the unit commander and supervisors assigned to the unit.
162
INV –02A who may have a confidential expenditure fund account?
A unit commander may maintain a confidential expenditure fund account. Access to this account shall be restricted to the unit commander and supervisors assigned to the unit.
163
What may a commander spend confidential expenditure fund monies on?
For the following investigative purposes:
-The procurement of Evidence
-Payment to register a confidential informant
-Investigative expenses
-The purchase of consumable supplies and other equipment and further of an investigation
164
What may a commander spend confidential expenditure fund monies on?
For the following investigative purposes:
-The procurement of Evidence
-Payment to register a confidential informant
-Investigative expenses
-The purchase of consumable supplies and other equipment and further of an investigation
165
INV-02A When members use confidential monies, what do they need to do?
They shall record the expenditures on a SP 406 confidential expenditure fund voucher. On the voucher shall include the following information.:
-Date of expenditure
-amount spent
-Supervisors signature
Also recorded on the SP 406 were applicable the signature of a member, a witnessing member and the CI confirming receipt of funds. The CI may use a real or assumed name when signing the receipt.
166
INV-02A Unit Commander needs to maintain what when spending confidential funds?
-SP407 confidential expenditure fund log reflecting the following:
-Transaction number
-amount of expenditure deposit and
-The balance of the account
167
INV-02A What happens when there’s a transfer of a unit commander?
Prior to the transfer of a unit commander there shall be a reconciliation of accounting records and money on hand with the incoming commander
168
INV-02A What happens when there’s a transfer of a unit commander?
Prior to the transfer of a unit commander there shall be a reconciliation of accounting records and money on hand with the incoming commander
169
INV-02A When are audits conducted for confidential funds?
-Unit commander audits quarterly
-Division commander audits annually
170
What shall happen with the documented audit of confidential files?
The documented audit of confidential fund files may be conducted as directed by the appropriate division commander or the colonel
171
When does the unit commander not have to maintain SP 407 confidential expended your fund log?
-members were assigned to the AG office or a federal task force and
-An internal mechanism exists already for tracking of confidential funds through those agencies
172
When does the unit commander not have to maintain SP 407 confidential expended your fund log?
-members were assigned to the AG office or a federal task force and
-An internal mechanism exists already for tracking of confidential funds through those agencies
173
INV – 05 how should non-custodial interviews be conducted?
Should be conducted in the least coercive environment available in accordance with the guidelines of this policy
174
INV – 05 how should non-custodial interviews be conducted?
Should be conducted in the least coercive environment available in accordance with the guidelines of this policy
175
INV – 05 what are the general considerations in determining whether a confession is voluntary?
The courts look at the totality of the circumstances which includes a review of factors related to the juvenile defendant. An example of these factors are.:
-Prior experience in the criminal system
-If room size was sufficient size and supplied with appropriate furniture
-whether a youth officer was present during the interview
-whether the parents were notified
-whether the juvenile asked for a parent to be present
-***whether the police prevented a concerned adult from speaking with a juvenile, which is a significant factor**
176
What does INV – 07 have to do with?
Nonpublished telephone numbers
177
What does INV – 07 have to do with?
Nonpublished telephone numbers
178
INV-07What is the policy of non-published telephone numbers?
Telephone company records shall only be attained when necessary for a criminal investigation or an emergency
179
INV-07What is the policy of non-published telephone numbers?
Telephone company records shall only be attained when necessary for a criminal investigation or an emergency
180
INV – 07 what is in an administrative subpoena?
Demand letter for telephone company records
-May only be authorized by the AG or DA of jurisdiction according to Mass general law chapter 271 section 17 B
181
INV – 07 what is the electronics communication privacy act?
Limits access to certain records maintained and stored by a common care carrier such as a telephone company. The act sets forth requirements needed to obtain such records.
182
What is the process in obtaining telephone records?
-Authority only granted by administrative subpoena authorized by the office of the AG or district attorney of jurisdiction
-State or federal grand jury or trial subpoena
-state or federal warrant
-state or federal court order
-Consent of the customer or subscriber to such disclosure
183
iNV-07 when can a members request records from a non-published number?
When a member has reasonable suspicion to believe the service of a common carrier is being or maybe use for unlawful purpose they may request through the AG or DAs office of jurisdiction and administrative subpoena of release of records from the carrier. This request must contain the following.:
-Listing of the nonpublished telephone number
-Listing of all optional services
-Telephone to records and optional services
-telephone services non-published numbers and
-a copy of the contract, listing, and monthly bills for a cellular phone and electronic paging.
184
INV-07 what is the procedure for requesting information from a nonpublished telephone telephone number?
-Member shall request through proper channels to the AG or DA requesting a subpoena for required information
-Request shall include:
-Detail the ground for the members believe that the telephone is being used for unlawful purposes
-Include the case number and **signature of the members commanding officer**
185
INV – 07 what happens if a member is not assigned to the AG or DAs office?
The member shall contact through proper channels, the state police Detective unit commanding officer for assistance in determining the policy of respective jurisdictions
186
INV – 07 what may happen in emergency situations for a non-published telephone number?
-troop duty officers or unit commanders may authorize members to contact the DA in emergency situation such as a serious motor vehicle accident or threat of imminent harm.
-The member shall request:
the operator contact the nonpublished customer and
- inform the customer to call them back as soon as possible.
**this alternative shall not be used to facilitate investigative inquiries, such as attempting to locate a witness.**
187
INV – 07 what do you need to know about nonpublished telephone numbers obtaining a criminal investigation in reports?
-non-published numbers obtained pursuant to criminal investigations shall be properly documented in the record of investigations. This is an order to provide information to the criminal information and intelligence section and.
-Eliminate duplicate request to a carrier
** it is important to remember when a nonpublished number is included in a report. It shall be clearly noted as such so that is not released to the public by the record of the investigation.
188
What does INV – 08 have to do with?
Criminal intelligence
189
What does INV – 08 have to do with?
Criminal intelligence
190
INV – 08 what is the policy of criminal intelligence?
The department shall share criminal intelligence among criminal justice community in an effort to prevent in control crime while protecting the privacy and constitutional rights of individuals.
191
INV-08 what is the definition of Content Validity?
Refers to the accuracy or truth of the information
192
What is the definition of criminal information?
Raw data gathered by law enforcement during their duties.
*Criminal information does not become intelligence until it has been evaluated. *
193
What is the definition Criminal intelligence information?
Evaluated information and determined to be of value to criminal investigations
194
What is the definition Criminal intelligence information?
Evaluated information and determined to be of value to criminal investigations
195
What is the definition of the criminal intelligence system?
The equipment, facilities, and procedures used for the receipt, storage, exchange, dissemination, and analysis of criminal intelligence information. **Basically facilities used to store criminal intelligence.
196
What is the definition of the criminal intelligence system?
The equipment, facilities, and procedures used for the receipt, storage, exchange, dissemination, and analysis of criminal intelligence information. **Basically facilities used to store criminal intelligence.
197
What’s the definition of need to know?
Necessary to perform law-enforcement duties.
198
What is the definition of reasonable suspicion for criminal intelligence?
Sufficient facts to believe that a person or group is involved in criminal activity
199
What is the definition of right to know?
-Legally authorized
-to obtain a receive criminal intelligence information
200
What is the definition of source reliability?
Is there a source of the information reliable?
201
Where is criminal intelligence information stored?
Shall be stored in a criminal intelligence database that prevents unauthorized access
202
INV-08 For security purposes, what shall the criminal intelligence database provide?
Shall provide an audit trail that tracks:
-what intelligence was accessed
-Who accessed it
-The date and time when it was accessed
203
INV-08 For security purposes, what shall the criminal intelligence database provide?
Shall provide an audit trail that tracks:
-what intelligence was accessed
-Who accessed it
-The date and time when it was accessed
204
INV-08 When shall criminal intelligence information be collected and maintained?
Criminal intelligence information shall only be collected and maintained if :
-there is reasonable suspicion to believe that an individual, group or organization is involved in criminal activity and the information is relevant to criminal contact or activity.
205
INV-08 When may you use electronic surveillance?
Only in accordance with state and federal regulations
206
INV-08 When may you use electronic surveillance?
Only in accordance with state and federal regulations
207
INV-08 What three reasons may you use photographic surveillance?
Photographic surveillance should only be conducted in an effort to identify individuals or groups were believed in the (past present or future) participated, to be planning, or currently engaged in criminal activity
208
INV-08 what shall each criminal intelligence submission be a attributed to?
A credible source. All criminal intelligence information shall be forwarded to the criminal information and intelligence section as soon as possible.
209
INV-08 what shall each criminal intelligence submission be a attributed to?
A credible source. All criminal intelligence information shall be forwarded to the criminal information and intelligence section as soon as possible.
210
INV-08 What does CIIS stand for?
Criminal information and intelligence section
211
What are the two ways that intelligent information shall be forwarded to the CIIS?
By direct entry or indirect entry.
212
What are the two ways that intelligent information shall be forwarded to the CIIS?
By direct entry or indirect entry.
213
What is the definition of direct entry for information forwarded to the CIIS?
Direct entry is information entered by an authorized member into the criminal intelligence database directly from an authorized department computer.
214
What is the definition of direct entry for information forwarded to the CIIS?
Direct entry is information entered by an authorized member into the criminal intelligence database directly from an authorized department computer.
215
What is the definition of indirect entry into the criminal information intelligence section database?
Information is entered by CIIS on behalf of a member who does not have authorized access to the criminal intelligence database.
216
When shall criminal intelligence be forwarded to the criminal information and intelligence section?
As soon as possible
217
For collection of information members who submit information for entry into the criminal intelligence database shall classify the source by what four classifications?
-completely reliable/or unquestioned
-Usually reliable /Meaning in the past, they were approved to be reliable
-unreliable/meeting unreliable in the past
-Reliability, unknown/meaning information has not yet been determined trustworthy from this individual
218
Members who submit information for entry into the criminal intelligence database what are the four classifications of validity of the information?
- Confirmed has been corroborated by a reliable source
-Probable/is consistent with past accounts
-doubtful/is inconsistent with past accounts
-Cannot be judged/meaning authenticity has not yet been determined
219
Members who submit information for entry into the criminal intelligence database what are the four classifications of validity of the information?
- Confirmed has been corroborated by a reliable source
-Probable/is consistent with past accounts
-doubtful/is inconsistent with past accounts
-Cannot be judged/meaning authenticity has not yet been determined
220
INV-08 In what situation would not meet the burden a reasonable suspicion for inclusion of information into the criminal intelligence database?
A source classified as reliability unknown, combined with a content validity rating of cannot be judged, would not meet the burden.
221
INV-08 and what situation would not meet the burden a reasonable suspicion for inclusion of information into the criminal intelligence database?
A source classified as reliability unknown, combined with a content validity rating of cannot be judged, would not meet the burden.
222
INV-08 What should intelligence not be collected or developed solely on the basis of?
Of an individuals or groups:
-Support of a particular cause
-Race
-Color
-Religion
-Gender
-national national origin or an ancestry
-political affiliation
223
INV-08 What should intelligence not be collected or developed solely on the basis of?
Of an individuals or groups:
-Support of a particular cause
-Race
-Color
-Religion
-Gender
-national national origin or an ancestry
-political affiliation
224
INV – 08 what are submitting department entities responsible for?
Review and evaluation of data entered into the criminal intelligence, database and establishing dissemination levels.
225
INV – 08 what are submitting department entities responsible for?
Review and evaluation of data entered into the criminal intelligence, database and establishing dissemination levels.
226
INV-08 When shall the criminal intelligence information be disseminated?
In the further end of authorized law-enforcement activity
-to authorize law-enforcement or criminal justice personnel, and
-On a need to know and right to no basis.
227
When do you need to purge intelligence information?
Criminal intelligence database shall be purged of information:
-if Reviewed on a continual basis
-purged when found to be obsolete or inaccurate
-purge when information has not been updated or verified for five years from date of entry
228
When do you need to purge intelligence information?
Criminal intelligence database shall be purged of information:
-if Reviewed on a continual basis
-purged when found to be obsolete or inaccurate
-purge when information has not been updated or verified for five years from date of entry
229
INV-08 when determining whether or not to purge intelligence information from the database what shall the commanding officer of CIIS do?
-when feasible contact the member agency that contributed the information to determine if any additional Intel may be added to update the record
-purge record from the system there is no additional intelligence
-Ensure only administrative record of the purge is maintain
-And there’s no record of the original criminal intelligence information within the system maintained.
230
INV-08 when determining whether or not to purge intelligence information from the database what shall the commanding officer of CIIS do?
-when feasible contact the member agency that contributed the information to determine if any additional Intel may be added to update the record
-purge record from the system there is no additional intelligence
-Ensure only administrative record of the purge is maintain
-And there’s no record of the original criminal intelligence information within the system maintained.
231
What does INV – 09 have to do with?
Polygraph examinations
232
What is the policy for polygraph examinations?
The department shall use a polygraph with great selectivity and only as an investigative tool.
233
What is the policy for polygraph examinations?
The department shall use a polygraph with great selectivity and only as an investigative tool.
234
INV-09 What do you need to know about polygraph examiners?
They shall be designated by the Colonel
-Must be graduates of institutions, providing certified training for this purpose
235
INV-09 What do you need to know about polygraph examiners?
They shall be designated by the Colonel
-Must be graduates of institutions, providing certified training for this purpose
236
INV – 09 what are the restrictions on polygraphs?
-polygraph examinations may not be used for employment purposes
-It is unlawful and Massachusetts to require or in minister a lie detector test as a condition of employment
-Polygraph evidence is inadmissible in criminal trials and may not be used in criminal trial for any purpose
237
INV-09 when are law-enforcement agencies permitted to administer a polygraph examination?
When it’s requested as a part of a criminal investigation
238
INV-09 when are law-enforcement agencies permitted to administer a polygraph examination?
When it’s requested as a part of a criminal investigation
239
What do you need to know about the submission to a polygraph examination?
-submission must be a voluntary act from suspect
-Suspect shall sign a statement of voluntary and a witness waiver of any rights against the polygraph examiner and department
240
What do you need to know about the submission to a polygraph examination?
-submission must be a voluntary act from suspect
-Suspect shall sign a statement of voluntary and a witness waiver of any rights against the polygraph examiner and department
241
INV – 09 during each case a polygraph is given what is the examiner have to do?
Examiners should include a copy of their certificate/qualifications in each case file, and if technical tools are used, they should be used in accordance with the examiners training.
242
INV – 09 during each case a polygraph is given what is the examiner have to do?
Examiners should include a copy of their certificate/qualifications in each case file, and if technical tools are used, they should be used in accordance with the examiners training.
243
When may a request for a polygraph be requested and who may request it?
To request an examination, member shall contact the polygraph unit through appropriate channels
-State, local or federal agency shall be referred to to the polygraph unit for any requests
-it’s a responsibility of the requesting agency to provide a background of the case and transportation of the exam to place of examination.
244
When may a request for a polygraph be requested and who may request it?
To request an examination, member shall contact the polygraph unit through appropriate channels
-State, local or federal agency shall be referred to to the polygraph unit for any requests
-it’s a responsibility of the requesting agency to provide a background of the case and transportation of the exam to place of examination.
245
What is needed in preparation of a polygraph examination?
-Member requesting examination is responsible for providing permanent information to the polygraph examiner to include:
-information that supports and justifies the use of a polygraph
-Investigative reports
-evidence available and withheld from the subject
-Background information on the subject
-statements made by the suspect, completions, and witnesses, including alibis, and/or
-Newspaper articles or other general information concerning the case
246
What shall members not do while preparing for an examination of the polygraph?
Member shall not interrogate a subject immediately before the test
-Shall not attempt to explain procedures used in the examination
247
What shall members not do while preparing for an examination of the polygraph?
Member shall not interrogate a subject immediately before the test
-Shall not attempt to explain procedures used in the examination
248
INV-09 What do you need to know about a polygraph in internal investigations?
-no member of the department Shelby subjected to a polygraph examination for a violation of written directives, except in cases of alleged criminal conduct
-Department polygraph examiners shall not be required to conduct examinations on department members
-commander the polygraph unit shall establish reciprocal agreements with other state police agencies for examinations approved by the
-department members may assist other state and local law enforcement agencies with internal investigations that involve alleged allegations of criminal wrongdoing.
- and these request shall be in writing and
-contain a statement that the polygraph is for a criminal investigation
249
INV-09 What do you need to know about a polygraph in internal investigations?
-no member of the department Shelby subjected to a polygraph examination for a violation of written directives, except in cases of alleged criminal conduct
-Department polygraph examiners shall not be required to conduct examinations on department members
-commander the polygraph unit shall establish reciprocal agreements with other state police agencies for examinations approved by the
-department members may assist other state and local law enforcement agencies with internal investigations that involve alleged allegations of criminal wrongdoing.
- and these request shall be in writing and
-contain a statement that the polygraph is for a criminal investigation
250
INV-11A what does ECP stand for?
Evidence contraband property
251
What does INV–11A have to do with?
Evidence contraband property intake storage
252
What does INV–11A have to do with?
Evidence contraband property intake storage
253
What is the departments policy for ECP and how it came into the departments possession?
A written incident report shall document the circumstances by which the ECP or Evidence contraband and property came into the department possession and detail each item including the submission of affiliated Evidence/property forms.
254
What is the departments policy for ECP and how it came into the departments possession?
A written incident report shall document the circumstances by which the ECP or Evidence contraband and property came into the department possession and detail each item including the submission of affiliated Evidence/property forms.
255
When shall any or all ECP be entered into the control function?
All ECP that comes into the possession of a member shall be entered prior to the end of the member shift, unless exit documented circumstances prevent the return, or entering of said ECP.
256
INV-11A what level of supervision shall ensure compliance with ECP procedures in this policy storage requirements and audits/inspections?
****All levels of supervision shall, and share compliance***
257
INV-11A what level of supervision shall ensure compliance with ECP procedures in this policy storage requirements and audits/inspections?
****All levels of supervision shall, and share compliance***
258
What happens when there is a delay in entry of ECP?
A descriptive inventory of the ECP shall be made verbally to and documented in the DAJ by the **Troop duty** officer who shall also be the approving authority for any document delay.
259
INV-11A what is the definition of found property?
Non-evidentiary property in the custody of the department, which has been determined to be lost or abandoned, and is not known or suspected to be connected with any criminal offense.
260
What is the definition of unclaimed/banded property?
Any property with no known owner in the custody of the department.
261
What are the Troop/Section commanders responsibilities for ECP?
They insured the security and safeguarding of all ECP in stations under their command.
262
What are the Troop/Section commanders responsibilities for ECP?
They insured the security and safeguarding of all ECP in stations under their command.
263
What are the responsibilities of the station/Section unit commander for ECP?
They shall be designated the ECP custodian of their station/section unit unit
-Be responsible for receiving, storing, maintaining, releasing, and accounting of all ECP
-may delegate duties of ECP custodian to any member under their command and assign them as the assistant ECP custodian for the station
-applicable arrangements with the appropriate facility
-ECP testing or
-fire arms to be tested by FIS
-shall transport or designate the assistant ECP to to transport any item requiring analysis or testing
-Ensure members are trained and familiar with handling and storage of all ECP
-***document in the DAJ/ACISS log all attempts to notify the owner of property in the custody of the department if the property was not seized from the property owner**
264
What is the investigating members responsibility for ECP upon arrival of the station?
Upon arrival,
-give Desk officer inventory
-Log ECP in temp. ECP journal
-fire arms entered into beast, ACISS
-blog and firearms journal
265
What’s investigating members responsibility prior to the end of their shift?
-place each item into department evidence bag and or tag items individually that do not fit in department Evidence bags
-Completely fill out all required information on department evidence, bags, or tags
-secure ECP in the temporary ECP locker attaching a copy of the incident report to the ECP
-that property that comes into the possession of the department that is of exceptional value and or sensitive nature shall require additional security measures based on the value by notifying a supervisor
-if an ECP is a seized vehicle shall be documented the same, and reported the same as other evidence
-ECP that is too large to fit in the temporary ECP storage locker may be given directly to the primary or assistant ECP custodian with transfer documented in the DAJ as a chain of custody
266
INV – 11A what do you need to know about ECP storage area provisions for permanent storage?
-ECP storage locker shall be locked and alarmed with limited access
-Provide extra security measures for items of exceptional value
-Be maintained to prevent damage to the ECP that may occur due to moisture or extreme room temperature fluctuations
267
INV-11A How shall Evidence/contraband be stored?
-Be stored within a secured area in the state police facility of jurisdiction
-Not be stored in vehicles or personal storage areas
-perishable items requiring refrigerator, including blood and bodily fluid should be stored within the facilities identified refrigerator. vehicle seized shall be stored to pervert preserve evidence in an offsite state police facility and a secure
-secured facility shall include fenced in area, video monitoring and or limited access secure area in a state police facility. State police shall have full access to any vehicles held in a non-state police secured facility.
-bicycle seized shall be stored within the ECP storage locker or a secured area preventing unauthorized access.
268
What do you need to know about the Troop storage area?
-troop section commanders Chal maintain an ECP storage area within their Troop/Section headquarters
-storage area shall be under control of the cases and report supervisor
-storage area shall be used to store ECP that has been forwarded in awaiting destruction or disposal
269
What do you need to know about the station/section/unit ECP storage area?
-each station that stores ECP shall be provided with a temporary ECP locker with 24 access to all personnel authorized also providing limited access to temporary storage areas, including firearms
-any station without a temporary ECP secure Evidence at the barracks or Troop headquarters of juris
-there must be a temporary EP journal and firearms journal tracking system
-secured firearms/weapons during the firearm is safe and empty
-transfer evidence requiring refrigerator to outside MSP CL crime lab. If outside operating hours store in refrigerator located in Troop headquarters of jurisdiction.
-transfer of any evidence shall be documented utilizing appropriate chain of command custody forms with notations in the DHA of both the sending and receiving locations as well as notification to the evidence officer of sending location
-The event is in the temporary locker the investigating member
-Consult with the primary assistant
-Notify ECP of alternate storage location
-
270
What kind of entries will be made for Evidence that is stored in the temporary ECP locker?
-investigating members name
-ID
-Defendants name
-Defendants state of birth
-Case
-Date seized
-location seized
-description of the item, including the number of items
271
Whenever there is change in the custody of ECP, what do members have to do?
-The transfer of evidence shall be considered a change of possession within the chain of custody. Both ECP custodian or assistant and investigating member shall.
-share appropriate entries are made in the ECP ledger or firearms tracking system
-entry in DAJ/ACISS log
-Ensure all appropriate department forms are completed, indicating the change in possession
272
What do you need to know about documentation of chain of custody
-make sure appropriate chain of custody forms are complete
-make sure, appropriate chain, custody forms, accompanies evidence or contraband whenever it is involved in a change of possession outside of the custody of ECP or assistant or member
Make sure the record is made into the stations ECP ledger or firearms tracking system and
-*** entry in the DAJ Identifying the new custodian**
-make sure the record identifies the ECP accordingly
273
What do you need to know about documentation of chain of custody
-make sure appropriate chain of custody forms are complete
-make sure, appropriate chain, custody forms, accompanies evidence or contraband whenever it is involved in a change of possession outside of the custody of ECP or assistant or member
Make sure the record is made into the stations ECP ledger or firearms tracking system and
-*** entry in the DAJ Identifying the new custodian**
-make sure the record identifies the ECP accordingly
274
What do all members involved in moving Evidence have to do?
-Inspect the packaging for tampering
-immediately notify commander if packaging appears to be tampered with
275
What do all members involved in moving Evidence have to do?
-Inspect the packaging for tampering
-immediately notify commander if packaging appears to be tampered with
276
INV – 11A What are the chain of custody forms you need to know?
-SP 145 chain of custody evidence/contraband/property form used for all evidence except controlled substance substances to include contraband found, or unclaimed or recovered property
-MSP crime lab forms are evidence, submission form, or ESF
-SP 295 drug submission form for controlled substances requiring analysis
277
What is the job of the Troop/Section cases in report supervisor?
-they shall sign and date ECP ledger as the final receiver of property
-Draw a redline diagonally through ledger entry indicate final disposition in case closed
-Destroy ECP in the presence of another commissioned officer
-submit a written report to the appropriate commanding officer listing the final disposition of all ECP and
-adhere to 19 – SM – 03 procedures for disposition of evidence, contraband, and or controlled substances.
278
What do you need to know about property to be auctioned?
-According to Mass General law chapter 22 section 45 through 46 the department may:
-After six months with no one claiming the property
-May sell held properties at public auction
-Destroy held property
you may find the information in instructions regarding auction, vendor, and procedures and Power DMS under Bulletins – public auction vendor
-prior to the auction media relations shall put out a notice under Mass general law 22C section 45 to the media news, outlets and newspapers, advising the time and place of auction and description of property to be auctioned
279
What do you have to do when returning property to the owner?
-Fill out the SP145
-attached original form to the report and retain at the station
-Forward a copy to the ECP custodian or assistant for filing
-for a copy to the Troop/Section supervisor of cases and reports to file
280
INV – 11A what do you need to know about audits and inspections?
-OPIA shall conduct periodic audits of all ECP lockers
-when there is a supervisor change of ECP audit is done between old and new ECP custodians as well as a **station commander or designee** present
-during the joint audit with custodian transfer, a sampling of the ECP needing extra security must be done.
For example:
-if there is 100 pieces of evidence the sampling should be 92 pieces audited
-If there’s over 2500 pieces of evidence it required to audit 30% of evidence held.
- the rest of the sample sizes are in a chart
-for all other evidence, a random audit should be a sufficient amount to ensure the integrity of the property
281
What does the person assuming custody of property and Evidence during a custodian change ensure?
That records are current and properly annotated. All discrepancies should be documented and reported according to reporting guidelines before assuming the property and evidence accountability by your newly appointed custodian.
282
INV-11A What does the person assuming custody of property and Evidence during a custodian change ensure?
That records are current and properly annotated. All discrepancies should be documented and reported according to reporting guidelines before assuming the property and evidence accountability by your newly appointed custodian.
283
What do you need to know if there’s an error rate of more than 5% discovered when conducting extra security ECP audits?
5% or more found in error a complete inventory of the extra security ECP must be performed.
-The documented audit shall be maintained by the ECP custodian of the station/section/unit and provided to the station/Section/unit commander. 
284
What do you need to know about annual audits?
Annual audits, the Troop commander shallow sign is supervisor, not routinely connected to the control of ECP to conduct and document audit of ECP held by each station under their command. They must ensure records are current, properly annotated, and including the random sampling of ECP for verification. Same amount of sampling listed.
285
What do you need to know about annual audits?
Annual audits, the Troop commander shallow sign is supervisor, not routinely connected to the control of ECP to conduct and document audit of ECP held by each station under their command. They must ensure records are current, properly annotated, and including the random sampling of ECP for verification. Same amount of sampling listed.
286
Explain semi annual inspections of ECP.
-inspections are done by supervisor or assistant assigned the ECP locker every six months by your regular ECP.
- need to do a Report -and remediation explained if needed.
287
Explain semi annual inspections of ECP.
-inspections are done by supervisor or assistant assigned the ECP locker every six months by your regular ECP.
- need to do a Report -and remediation explained if needed.
288
Explain unannounced inspections of ECP
-ECP shall inspected unannounced by a designee, not routinely connected to the ECP. -It’s not intended to be a full inspection, but inspect for cleanliness, orderliness, and trace a few pieces of evidence to verify there in the proper location and in the logs properly.
-The documented inspection shall be provided to station cc ECP custodian and unit commander
289
INV – 11A what do you need to know about ECP record Maintance?
Records of all audits, inspections shall be maintained in a central location
290
What do you need to know about reporting audits?
-Audits or inspections that reveal missing ECP shall be reported through channels to the division commander of DST immediately upon receipt of the information
291
What does INV – 13 have to do with?
Asset forfeiture
292
What is a policy of asset forfeiture?
The department shall adhere to state and federal forfeiture involving a legal activities.
293
INV-13 what is an AFO?
Asset Forfeiture Officer
294
INV-13 What does the AFO do?
-provides assistance to members regarding investigations
-Oversee forfeiture proceedings and manage seized assets until forfeited
-Maintain a database and files of all seizures and forfeitures
-If you’re acting as a liaison for AGO or the US attorneys office, they can follow their own policy. You don’t have to worry about it.
295
INV-13 What does the AFO do?
-provides assistance to members regarding investigations
-Oversee forfeiture proceedings and manage seized assets until forfeited
-Maintain a database and files of all seizures and forfeitures
-If you’re acting as a liaison for AGO or the US attorneys office, they can follow their own policy. You don’t have to worry about it.
296
What has to happen if A Troop commander request to deviate from this policy of asset forfeiture?
They will forward a written request through channels to the deputy superintendent the Lieutenant colonel
297
What do you need in order to make a seizure?
Probable cause that the vehicle, currency, or other property is connected to the sale or distribution of a controlled substance. This authority is allowed by mass general law 94C Section, 47.
298
What do you need in order to make a seizure?
Probable cause that the vehicle, currency, or other property is connected to the sale or distribution of a controlled substance. This authority is allowed by mass general law 94C Section, 47.
299
When may member seize money?
When there is
-probably because to believe that the currency is connected to illegal activity such as :
-proceeds of sales of controlled substance
-$ is used in the procurement of, processing, delivery or distribution of controlled substances. -Or involved in the furtherance of a criminal enterprise.
300
Currency seized shall be processed according with what?
INV – 14 seized currency general order
301
Who is the authority for accepting a rejecting seized vehicles?
The fleet administrator has this authority.
-If the Fleet administrator accepts a vehicle, the vehicle shall be delivered to the Fleet section for inspection according to ADM – 19
302
INV-13 When may a vehicle be seized?
-if an operator, owner or operate of the vehicle is arrested for possession with intent to distribute or traffic
-10+. Pounds of marijuana.
-any amount of hero
-any amount of cocaine?
-other controlled substances outlined a mass general law 94C section 32 A thru G or 32 I.
-Also the owner knew or should have known it was being used for this purpose
303
INV-13 When may a vehicle be seized?
-if an operator, owner or operate of the vehicle is arrested for possession with intent to distribute or traffic
-10+. Pounds of marijuana.
-any amount of hero
-any amount of cocaine?
-other controlled substances outlined a mass general law 94C section 32 A thru G or 32 I.
-Also the owner knew or should have known it was being used for this purpose
304
When should a vehicle not be seized?
-If it is a rented or leased vehicle
-If owner had no knowledge of it being used for illegal purposes
NOTE: the Troop AFO shall consult with the DAs office of jurisdiction to to determine if there is a lien on the vehicle that an entity is willing to assume
305
Where does all seized assets go?
To the Special Law Enforcement Trust Fund
306
Where does all seized assets go?
To the Special Law Enforcement Trust Fund
307
What is the special law-enforcement trust fund used for and who allows it?
The colonel may expend funds and proceeds to do the following:
-cost of extended invest
-Provide matching funds for grants
-Accomplish other law enforcement purposes
308
What should the special law-enforcement trust fund money not be used for?
Should not be unused as operational expenses for the MSP.
309
INV-13 What are the eight steps of the asset forfeiture process?
1) determination is made to seize assets
2) all assets are to be secured according to policy
3) the seizing member shall notify the troop Duty Officer of seizure
4) troop duty officer shall notify Troop AFO may authorize callouts if after hours of the AFO
-financial evidence officer of all currency seizures in accordance with INV – 14
5) seizing member shall be assigned and incident/case number, complete a written report of circumstances and assets seized and prepare necessary, reports and forms
6) the Troop AFO shall confirm assets are secured conduct investigation to determine ownership and liens
-assist the financial evidence officer
7) if determine the asset fort for preceding shall not continue, the assets shall be returned as soon as possible to the owner
8) motor vehicles seized Shelby secured as directed by the Troop commander
310
What is INV – 14 about?
Seized currency
311
What is the policy of seized currency?
Establish rigid controls and strict accountability for all seized currency. A non-interest-bearing cashless system shall be utilized to ensure all seas currency is properly accounted for, secured, stored, and readily retrievable. Any changes in the custody of money Shelby documented
312
How much money does it have to be in order to seize currency?
Nothing less than $300 should be taken, unless the currency is seized as evidence.
313
How much money does it have to be in order to seize currency?
Nothing less than $300 should be taken, unless the currency is seized as evidence.
314
What shall seized currency not include?
-Currency used for control purchases of contraband
-Currency that has independent forensic value for example stain with blood, bodily fluids, or other evidentiary material
-non-evidence currency received during custodial processing
315
Where shall seized currency be processed for evidence?
In the troop of jurisdiction substation
316
Where shall seized currency be processed for evidence?
In the troop of jurisdiction substation
317
What do you have to do if any sees currency are contaminated with biological hazard, dangerous, drugs, or chemicals?
It shall be clearly labeled warning of threat, and what the threat might be. Utilize proper protective equipment to minimize risk of exposure.
318
What are the desk officers responsibilities for? Seized currency?
Visually observe the safe
-Make a DAG entry or aces entry, saying that the visual of the drop safe has been observed
-When money is sees, make appropriate entries in de Ajay, upon seizure in retrieval
-Assign a case number two investigating member
-Notify Troop duty officer of seizure and provide case number, investigating members name, ID number, and current duty assignment
319
What are the investigating members responsibilities for seized currency?
If practical one member locate’s currency to be see if they will immediately request another member to act as a witness
-With no witnesses available contact appropriate duty officer, requesting a DAJ entry to be made
-Return directly to barracks to process seized currency
-Photocopy, money, if feasible
-Currency will not be counted at the time of seizure
-Package and seal money in Evan’s bag and share both member sign bag with ID numbers and write undetermined amount of currency on the bag
-SP 418 seized custody receipt with annotation undetermined amount of currency pending an official count
-Prepare SP 417 currency custody form with notation undetermined amount of currency pending official count
-Deposit department Evidence bag with attach 417 and 418 into the currency drop safe with a witnessing member present
-File copies of SP 417 and SP 418 with station commander and ensure copies are attached in the appropriate case file
-Complete incident report detailing circumstances of seizure
320
What is the Troop duty officers responsibilities for seized currency?
-Notify financial evidence officer by email of the seizure
-Make appropriate DAJ entry
-Ensure electronic copy of Ghq, financial section, Banks Sweep Account deposit slip is included in the case file
321
What is the financial evidence officers responsibility for seized Currency?
-In the presence of a commissioned officer, retrieves his money from currency drop safe no later than next banking business day
-Document any change in custody on SP 417
-The seas currency shall be photographed at this time using the department issued Camera and each Barricks
-Ensure appropriate DAJ/ACISS entries are made
-In the presence of another commissioned officer transport, the seized currency to a local banking institution, designated by Ghq finance section
-Both commissioned officers will be present when the department evidence bag is unsealed and will witness official count at the financial institution. The Evidence bag should be cut open at the bottom to remove the currency while preserving the bag, seals, initials, and signatures in tact. Financial evidence Officer will maintain the original Evidence bags in his or her files.
-Deposit currency into a cashless system on the same banking business day as retrieved
-Enter the amount of seized currency into the approved accounting program
-Notify the troop commander, Troop, duty officer, and investigating member of the official count and ensure appropriate DAJ/ACISS entries are made
-Provide a copy of the deposit slip into the investigating members case file
-Send copies of SP 12 Incident Report to the chief financial officer of the DAs office of jurisdiction
-Maintain copies of SP 12, SP 417 and SP 418 in a dedicated folder, filed alphabetically by year
-Copies of SP 417, SP 418, deposit slip/receipt should be provided electronically to the finance section MSP forfeiture@pol.state.mass @us and
322
What’s the station commanders responsibility for seized currency?
Maintain copies of SP 417 and SP 418 for inspections
323
What is a troop, commanders responsibility for seized currency?
Maintain a book of deposit slips and duplicate for Ghq financial section Banks sweep account. A two or three weeks advance order time is needed for new deposit slips, but she would get from the finance section.
-Assign a commissioned officer as a financial Evidence officer
-Maintain historical records of members provided with combination access
-Change combinations as required
-Conduct quarterly audits
-Conduct investigations as appropriate
-Notify division commander of any discrepancies
-Ford a to from to the financial section requesting a return of seizure funds
324
What happens if a person request the return of seized currency?
Request the The return in writing to the Troop, financial evidence officer, and provide a copy of the court order, if applicable
-The respective troop commander shall forward the two from to the financial section requesting a refund.
325
What happens to the currency if no one claims it?
-No one makes a valid claim within six months of the currency the funds will be forwarded to the State, treasurer Through the department finance section
-Prior to forwarding the funds to state treasurer of the department may deduct all reasonable charges and expenses and connection with the currency. Such deduction shall be made by the departments finance Director. Any claim for return of found, unclaimed, or abandon currency after the funds have been forwarded to the state, treasurer shall be made to the state treasurers office.
326
What is the finance Evidence officer, maintain for accounting and audit?
-Copies of all documents relative to seize currency
-A department approved software accounting system will be maintained by them
-SP 12s, SP for 17s, and SP 4018s for currency received, and records, documentation, or invoices of currency disbursements, including financial institutions were seized funds were deposited
-Prior to change of command, there shall be a documented, reconciliation or audit of the
-A documented internal audit of all seized currency shall be annually done by the division commander
-An audit of seas currency may be conducted as directed by the appropriate division commander or the colonel
327
What do you need to know about reports For seized currency?
-The Troop/Section/Unit commander shall submit quarterly report from the approval accounting program to the division commander by January 10, April 10, July 10, and October 10 and
-Submit a copy of the quarterly summary to the chief financial officer of the DAs office and Finance section
328
What do you need to know about reports For seized currency?
-The Troop/Section/Unit commander shall submit quarterly report from the approval accounting program to the division commander by January 10, April 10, July 10, and October 10 and
-Submit a copy of the quarterly summary to the chief financial officer of the DAs office and Finance section
329
What does INV-15 have to do with?
Field interview and observation reports
330
What does INV-15 have to do with?
Field interview and observation reports
331
What’s the policy of field interview and observation reports?
-Establish guidelines for collection, security, and dissemination of information gathered through field, interviews and observations
332
What’s the policy of field interview and observation reports?
-Establish guidelines for collection, security, and dissemination of information gathered through field, interviews and observations
333
What is the SP 73 form?
Field interview and observation report (F IO)
334
What is the definition of an FIO or SP 73 field interview and observation report?
-An internal department report the documents information about a person, place, vehicle, event, occurrence, or any other known activity, observed by a department member that may be linked to suspicious or criminal activity, or may be of interest to the law enforcement community.
335
What is the definition of an FIO or SP 73 field interview and observation report?
-An internal department report the documents information about a person, place, vehicle, event, occurrence, or any other known activity, observed by a department member that may be linked to suspicious or criminal activity, or may be of interest to the law enforcement community.
336
What do you need to know about collection of information on the SP 73?
Information may be recorded on the SP 73 or other format that’s approved by criminal information section or CIS.
337
What is the purpose of the FIO reports?
They are an important crime prevention and information gathering resources. Analysis of these reports are invaluable aids to investigators and uncovering leads that may result in solving crimes and apprehension of criminals or suspects.
338
What shall FYI, all reports not be solely based on?
On the individuals or groups:
-Support of particular cause
-Race
-Color
-Religion
-Gender
-National origin or ancestry
-Political affiliation
339
What does shall members not do while collecting information for FIO reports?
Conduct random stops of a person or vehicles to gather information
-Employee or direct, an individual to engage in any illegal activities
340
What does shall members not do while collecting information for FIO reports?
Conduct random stops of a person or vehicles to gather information
-Employee or direct, an individual to engage in any illegal activities
341
What are members encourage to do while collecting information?
-Collect as much information based upon their own observations
-Gather as much information provided to them on a voluntary basis
- Members may do the following:
-Detain a person or vehicle briefly when there is reasonable suspicion of criminal activity
- Stop and frisk a subjects, outer garments for weapons, when articulable facts, or circumstances, warrant such action, For the safety of the public in the member.
-However, a person stopped by a member who refuses to cooperate or answer questions, shall not be further detained without reasonable suspicion or probable cars.
342
What do you need to know about the SP 73 form for a members?
- The form shall be accessible by every member while on duty
-Members should complete a report, whenever a non-criminal is observed, or a place, person, vehicle, event, occurrence, or any activity observed, observed, that would indicate criminal activity or potential criminal activity
-A separate FIL report shall be completed for each member of a group for each observation made, and
- Information she’ll be typed or printed in black ink and the content Should be complete as possible
343
What are the procedures for completed FIO reports?
-Provide a copy of the FIL to the Troop/Section/unit of jurisdiction
-Ford original hardcopy of FIO reports to CIS
-If information within the A 5 report is related to a terrorism or homeland, security contact CIS during business hours or communication section OIC other than normal business hours.
344
How long are reports retained ?
FIO report, shall be secured at all times by CIS. Dissemination log shall be maintained for a request for review and dissemination of information.
345
How long are reports retained ?
FIO report, shall be secured at all times by CIS. Dissemination log shall be maintained for a request for review and dissemination of information.
346
Who is responsible for dissemination of information from the FIO database?
CIS shall only disseminate if I owe information:
-To further authorized law enforcement activity
- To authorize law-enforcement or criminal justice personnel
-And on a need to know in right to know basis per INV Dash zero, a criminal intelligence
347
Who is responsible for dissemination of information from the FIO database?
CIS shall only disseminate if I owe information:
-To further authorized law enforcement activity
- To authorize law-enforcement or criminal justice personnel
-And on a need to know in right to know basis per INV Dash zero, a criminal intelligence
348
What happens to the information after the CIS or communications section commander, reviews, information?
Information information contained within the FIO report, determined to be critical, time, sensitive, or pertaining to public or officer Safety shall be disseminated to law-enforcement agencies as appropriate.
349
What shall Request for dissemination include?
- Date and time of request
-Requesting Officer’s name, Rick, identification ID, number, and agency
- Case number or reason for request
-Name of person or incident and information they are looking for
350
What shall Request for dissemination include?
- Date and time of request
-Requesting Officer’s name, Rick, identification ID, number, and agency
- Case number or reason for request
-Name of person or incident and information they are looking for
351
What shall the CIS do when request for dissemination comes in?
- Respond to request for information from FIO reports
-Document request and dissemination of information
352
What does INV-16 have to do with?
Electronic recording of interrogations
353
What does INV-16 have to do with?
Electronic recording of interrogations
354
What is the policy of the electronic recording of interrogations?
-Members whenever it’s practical, shall electronically record, all custodial, interrogations of suspects, or interrogations, or suspects conducted in places of detention.
-Members will comply with all state and federal protections outlined an INV-01 criminal investigations when conducting electronic recordings of interrogations
-Members shall review INV Dash 05 special protections for juveniles prior to contacting interrogations of juveniles
-The electronic recording of the interrogation shall be duly noted on any investigative report prepared for the related cases.
355
What is the policy of the electronic recording of interrogations?
-Members whenever it’s practical, shall electronically record, all custodial, interrogations of suspects, or interrogations, or suspects conducted in places of detention.
-Members will comply with all state and federal protections outlined an INV-01 criminal investigations when conducting electronic recordings of interrogations
-Members shall review INV Dash 05 special protections for juveniles prior to contacting interrogations of juveniles
-The electronic recording of the interrogation shall be duly noted on any investigative report prepared for the related cases.
356
What do you need to know about Commonwealth versus DiGiambattista?
The supreme judicial Court held it. If the prosecution introduces a confession or statement that the police obtained during interrogation of a defendant was either in custody, or a place a detention, and the police did not electronically record the statement, the defendant is entitled to a cautionary jury instruction.
-Upon the defendant’s request, the judge must instruct the jury that the states highest court has expressed “a preference that such interrogations be recorded, whenever practical, and that in the light of the absence of any recording of the interrogation, they should wait evidence of the defendants, alleged statement with great caution and care”.
-This instruction is required, regardless of the reason that the police did not record the interrogations.
357
What’s the definition of custody?
-Circumstances in which a reasonable person would believe that their freedom of action has been curtailed such as they are not free to leave
358
What’s the definition of custody?
-Circumstances in which a reasonable person would believe that their freedom of action has been curtailed such as they are not free to leave
359
What is the definition of electronic recording?
Preservation of an interview/interrogation through the use of audio or audio video recording equipment.
360
What is the definition of an interrogation?
Occurs when officers, questions, actions, or words, other than those normally attendant to arrest in custody, are designed to elicit an incriminating response from a suspect.
361
What is the definition of an interrogation?
Occurs when officers, questions, actions, or words, other than those normally attendant to arrest in custody, are designed to elicit an incriminating response from a suspect.
362
What is the definition of place of detention?
Facility where persons may be held in detention in relation to criminal charges, jail or police department
363
What is the definition of place of detention?
Facility where persons may be held in detention in relation to criminal charges, jail or police department
364
What is the definition of a suspect?
A person who has either been charged with a crime or a person for him, whom there is a reasonable basis to believe that they may in the future be charged with a crime.
365
What is the definition of a suspect?
A person who has either been charged with a crime or a person for him, whom there is a reasonable basis to believe that they may in the future be charged with a crime.
366
When would you apply INV-16 in electronic recording of interrogations?
There are two guidelines required of members to record whenever practical. The following are the two guidelines:
1) Custodial, interrogations of suspects, and
2) Interrogations of suspects occurring at the place of detention
367
When would you apply INV-16 in electronic recording of interrogations?
There are two guidelines required of members to record whenever practical. The following are the two guidelines:
1) Custodial, interrogations of suspects, and
2) Interrogations of suspects occurring at the place of detention
368
Describe a wiretap violation.
The Massachusetts wiretap statute, chapter 272 section 99, generally prohibits anyone from Secretly recording another persons, oral statements. The member must either :
-notify a suspect that their statements are being recorded or
-conduct the interrogation in such a way it is obvious to the suspect that their statements are being recorded.
-When he suspect knows or reasonable, he should know that they are being recorded the member may record interrogation without explicit consent to do so.
369
Describe a wiretap violation.
The Massachusetts wiretap statute, chapter 272 section 99, generally prohibits anyone from Secretly recording another persons, oral statements. The member must either :
-notify a suspect that their statements are being recorded or
-conduct the interrogation in such a way it is obvious to the suspect that their statements are being recorded.
370
How are members supposed to create a clear and complete record by electronically record interrogations of a suspects?
To do this member should do the following:
-Share the recording device is functioning properly
- Start the recording device
-Inform the suspect they are being recorded unless it’s obvious
-State the date, time, location, and names of persons present. If a video recording devices used which imprints of time on the tape or disc verify, that the correct time is being displayed
-State the full name of the suspect
-Execute appropriate department forms, including Miranda, warning and waiver, and waiver of prompt arraignment, if applicable
-If a member must suspend the recording, for any reason, they shall make a record of it by explaining the reason for stopping, time and recording device is shut off, time it is turned back down on, and what transpired, while the recording device was off.
-And to conclude the recording you state the date and time the interrogation is completed
371
How are members supposed to create a clear and complete record by electronically record interrogations of a suspects?
To do this member should do the following:
-Share the recording device is functioning properly
- Start the recording device
-Inform the suspect they are being recorded unless it’s obvious
-State the date, time, location, and names of persons present. If a video recording devices used which imprints of time on the tape or disc verify, that the correct time is being displayed
-State the full name of the suspect
-Execute appropriate department forms, including Miranda, warning and waiver, and waiver of prompt arraignment, if applicable
-If a member must suspend the recording, for any reason, they shall make a record of it by explaining the reason for stopping, time and recording device is shut off, time it is turned back down on, and what transpired, while the recording device was off.
-And to conclude the recording you state the date and time the interrogation is completed
372
What happens if the suspect refuses to be recorded?
If practical, turn on recording device to record the refusal
- As suspect on record, if they are willing to make an electronically recorded statement
-Advisor. Suspect if at any time, they change their mind and decide they want to be recorded. They should let the member know and they shall turn on the recording device, and
-If a suspect, still refuses, turn off the device, execute, a signed refusal form, SP609 refusal form, and proceed with the interview
373
What happens if the suspect refuses to be recorded?
If practical, turn on recording device to record the refusal
- As suspect on record, if they are willing to make an electronically recorded statement
-Advisor. Suspect if at any time, they change their mind and decide they want to be recorded. They should let the member know and they shall turn on the recording device, and
-If a suspect, still refuses, turn off the device, execute, a signed refusal form, SP609 refusal form, and proceed with the interview
374
If, after the refusal to be recorded is explained, and the suspect refuses to have their refusal recorded, what do you need to know?
- Advance advisor suspect the benefits of electronically recording any communication
-If suspect object to having a refusal electronically recorded, the member shall execute a SP609 and
- The member may proceed without recording the refusal or interrogation
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375
If, after the refusal to be recorded is explained, and the suspect refuses to have their refusal recorded, what do you need to know?
- Advance advisor suspect the benefits of electronically recording any communication
-If suspect object to having a refusal electronically recorded, the member shall execute a SP609 and
- The member may proceed without recording the refusal or interrogation
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376
What happens if the suspect refuses after the recording device is activated?
If, during the course of the recorded interrogation, suspect decides that you’re no longer want to answer required questions unless a recording device is turned off, the member shall again advisor. Suspect of benefits are recording the interrogation and
-If suspect, still refuses, the member shall turn off the recording and execute ASAP 609, and proceed with the interview
377
What happens if the suspect refuses after the recording device is activated?
If, during the course of the recorded interrogation, suspect decides that you’re no longer want to answer required questions unless a recording device is turned off, the member shall again advisor. Suspect of benefits are recording the interrogation and
-If suspect, still refuses, the member shall turn off the recording and execute ASAP 609, and proceed with the interview
Policy And Procedure
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