Virginia Commonwealth University Police Department

Transcription

1 Virginia Commonwealth University Police Department SUBJECT SECTION NUMBER CHIEF OF POLICE EFFECTIVE REVIEW DATE GENERAL 7 2 6/26/2014 7/1/2017 CRIMINAL INVESTIGATIONS This directive delineates the criminal investigation function of the department performed by both uniformed officers and detectives assigned to the Criminal Investigations Division. It is the policy of the VCUPD to provide 24 hour investigative capability within our jurisdiction. Additional directives relating to these topics are contained in several other directives, including but not limited to, Written Directive 7-1 Preliminary and Follow-up Investigations and 7-3 Evidence Collection and Preservation. ACCOUNTABILITY STATEMENT All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any violations of policy are investigated and appropriate training, counseling and/or disciplinary action is initiated. CRIMINAL INVESTIGATION FUNCTION A. All sworn members are responsible for identifying, apprehending, and arresting perpetrators of crimes; discovering witnesses, and assembling physical evidence capable of sustaining the appropriate charge(s) in court; conviction of the perpetrator by assisting the prosecuting attorney's office and mustering sufficient facts to establish guilt; and recovering stolen property and ensuring its return to the rightful owner. B. Preliminary investigations shall be assigned to the uniformed officers of the Patrol Division. These include the initial reporting of the crime, initial gathering of field information relative to the case, and any other investigation of the crime as performed by the investigating officers assigned to the case. In doing so, officers shall abide by the procedures set forth in Written Directive 7-1 Preliminary and Follow-up Investigations. Investigations Division personnel shall be called in to take over the investigation whenever appropriate. C. Follow-up investigations shall be the primary responsibility of the Investigations Division, except in those cases where the initial effort of the preliminary investigations by uniformed patrol officers may satisfactorily complete the case. Follow-up investigations of a crime includes that investigation of a crime performed VCUPD Written Directives Manual 7-2 Criminal Investigations 1

2 subsequent to the filing of the preliminary investigation report and after the initial reporting officer's tour of duty. These procedures are set forth in Written Directive 7-1 Preliminary and Follow-up Investigations. CRIMINAL INVESTIGATIONS DIVISION A. The Investigations Division is made up of plainclothes detectives and one sergeant who reports to the Support Services Captain. B. The Investigations Sergeant has the responsibility to: 1. Ensure the efficient and effective operation of the division through a system of management control. 2. Provide a program of effective management to ensure efficiency and high morale within the division. 3. Develop and implement procedures, evaluate personnel, equipment performance, coordinate activities and communications, and direct the command of major investigations if necessary. 4. Regularly brief the Support Services Captain on major or noteworthy cases in progress. 5. Conduct meetings with division personnel periodically. 6. Assure that department and division policies and procedures are followed, as directed by the Chief of Police. 7. Maintain a continual review of the organization, procedures, personnel assessments, methodology, performance and effectiveness of the division. 8. Report on a continuing basis to the Support Services Captain concerning the strengths and weaknesses of the division and make recommendations for improving division performance. 9. Identify personnel training needs of assigned subordinates and take necessary action to provide such training whenever possible. 10. Motivate and assist subordinates to achieve identified department and division goals. 11. Coordinate the investigative efforts of the division with particular attention to major case investigations. 12. Ensure that the activities of the division are coordinated with other department divisions and with other agencies where matters of mutual concern are involved. C. All detectives newly assigned to the Investigations Division shall complete relevant training as soon as possible. VCUPD Written Directives Manual 7-2 Criminal Investigations 2

3 CASE ASSIGNMENT A. The Investigations Division sergeant is responsible for case assignment, as well as control of follow-up investigations by detectives. B. Each case shall be assigned to one detective of record for purposes of accountability. This is in no way intended to discourage the team approach to investigations. C. Cases shall always contain an accurate status within RMS. D. The purpose of screening cases is to establish a system based on factors for assigning follow-up investigations to detectives. The following cases are always assigned for follow-up investigations: 1. Any death on campus 2. All felony assaults 3. Burglary 4. Robbery 5. Auto theft E. The following will also be taken into consideration for purposes of case assignment: 1. Domestic vs. non-domestic 2. Victim will prosecute vs. victim will not prosecute 3. Monetary loss F. Cases that do not contain the minimum follow-up factors (i.e. no leads) will be placed in a suspended status. This allows resources to be utilized for those cases offering the greatest potential for closure. The Investigations supervisor is responsible for designating which cases have no leads and will take into consideration the following factors: 1. No witnesses 2. No traceable property 3. No significant physical evidence 4. Absence of further leads VICE AND ORGANIZED CRIME COMPLAINTS A. Complaints and information that are received by department personnel shall be documented directed to the Investigations Division. B. The Investigations sergeant reviews all reports received daily. Those reports related to the organized crime, vice or intelligence functions are forwarded to a detective for investigation. VCUPD Written Directives Manual 7-2 Criminal Investigations 3

4 C. The sergeant shall review all incoming reports to determine the appropriate action to be initiated. Factors to be considered by the sergeant include, but are not limited to: 1. Timeliness, accuracy and creditability of the information received. 2. The criminal nature of the problem. 3. The importance of the problem. 4. Existence of lead information. 5. Potential investigative techniques. 6. Sufficiency of agency resources. 7. The need for inter/intra-agency support. D. Investigations Division detectives are responsible for investigating complaints or violations assigned by the sergeant. E. All reports of organized crime or vice complaints shall be maintained by the Investigations Division. F. Detectives shall notify victims and complainants regarding the status of their complaints without compromising the investigation/operation. G. The nature of vice and/or organized crime offenses and the considerable amount of undercover work involved in enforcement of these offenses contribute to the sensitivity of these records. These electronic records shall be assigned general report number, but the actual records of an active investigation should be under control of the Investigations Division. H. Detectives shall maintain a record of any vice or organized crime complaint made by citizens that are subsequently substantiated by investigation. CASE FILES A. The Investigations Division will maintain case files for their investigations. B. Case files shall contain: 1. Preliminary investigative reports 2. Transcribed statements 3. Laboratory results 4. Examinations of physical evidence 5. Supplemental case reports 6. Property receipts 7. Line-ups and results 8. Any other reports and records necessary for investigative purposes. VCUPD Written Directives Manual 7-2 Criminal Investigations 4

5 C. The cases will be filed numerically and by year and will include: 1. Cases currently being investigated 2. Cases pending prosecution and 3. Closed cases which are under two (2) years old SUPPLEMENTAL REPORTS PROCEDURES A. Cases shall always contain an accurate status within RMS. B. Officers and detectives shall ensure that all case-related activities are chronologically documented within a supplemental report that reflects a precise depiction of the status of the case. C. All follow-up reports that are completed will be approved by the sergeant. D. Case files will accompany follow-up reports that are submitted for approval if the commander is not familiar with the case. E. The report will be sent electronically to the Records Tech for review. MONTHLY ACTIVITY REPORTS Each detective will prepare a monthly activity report. The report will summarize the investigative activities conducted by each detective. The report will be submitted to the sergeant as a means of monitoring the daily performance of investigators. CONTACT WITH VICTIMS A. In all cases that are assigned for follow-up investigations, the detective is responsible for staying in contact with the victim and other important principals. B. The Victim/Witness Coordinator shall contact the victim within 24 hours to check on him/her and offer available resources. C. The purpose of this contact subsequent to the initial contact made during the preliminary investigation is to: 1. Obtain any additional information, 2. Advise the victim of the investigation the status, 3. Assure those affected by the crime that detectives are making a concerted effort to solve the case, 4. Provide victim/witness rights information. NOTE: The investigating officer will utilize the Victim/Witness Coordinator during their investigation as needed for assistance. D. Investigators are required to make subsequent contact with the victims of cases assigned to them within five working days whenever there is a change in case status. VCUPD Written Directives Manual 7-2 Criminal Investigations 5

6 E. This notification may be by phone or in writing; however, it will be documented in the follow-up report or supplement report. F. Investigators shall make every effort to assist the victim/witness with procedural issues related to interviews, line-ups, etc., and returning any seized property that is not being used for evidence in court. STATUS OF CASE INVESTIGATION A. A file system is established which will provide means for controlling case assignments and a record of due dates for follow-up investigative reports. B. The diverse nature of crimes investigated by the Investigations Division necessitates allowances be made for different due dates. Additional consideration to variables such as: court time, vacations, sick time, and complex multi-featured cases, are also provided for. C. Upon determining that a case is to be assigned, the sergeant will indicate the investigator assigned, date assigned, case number, and status due date. D. The status due date will be fifteen (15) days from the date assigned unless otherwise indicated by the sergeant on or before that date. E. The assigned investigator shall enter the status of the case in RMS. F. Investigations personnel shall update RMS with status changes and supplemental reports anytime any activity is conducted regarding the case. G. The Investigations Division sergeant as will assign cases to detectives soon after the original is filed as is expedient. H. All cases will fall under one of the following case status designations for administrative purposes: 1. Unfounded incidents in which the alleged offense did not occur; property recovered by owner, etc. 2. Cleared by Arrest enough probable cause and evidence has been established where a warrant has been obtained for an arrest. 3. Cleared by Exceptional Means an incident in which a certain subject committed the crime, but the subject will never be brought before the court or prosecution of suspect is declined. 4. Cleared by Administrative Means incidents handled through internal mechanisms of the VCUPD or University. 5. Suspended incidents in which there are no further leads or suspects. NOTE: If new leads are discovered, the investigation will resume. CASE ASSIGNMENT RECORD A. VCUPD RMS maintains a case assignment record which will contains the following: VCUPD Written Directives Manual 7-2 Criminal Investigations 6

7 1. Offense number 2. Nature of offense 3. Victim s name 4. Location where crime occurred 5. Detective assigned 6. Date received/assigned 7. Date occurred and 8. Other pertinent information SECURITY OF FILES A. Investigations Division files are primarily for the use of division personnel and as such are to be secured in the division when not in use. B. Since case files provide an immediate source of information for investigators, they shall be accessible to personnel assigned to the division. The investigative case files shall be maintained in the work area of the Investigations Division for purposes of control and easy access. C. Detectives shall not leave notes, suspect information, investigative information or other official information unattended or unsecured where it can be obtained by unauthorized persons. D. Detectives' desks and file cabinets shall remain locked after hours and at other times when detectives are not present to prevent improper disclosure of information. PURGING OF FILES A. After a case has been closed and maintained for two (2) years, it will be purged from Investigations Division files according to the Library of Virginia Records Retention Schedule. B. All photos and rights advisement forms will be removed from the file and placed into evidence. C. Before these files are purged, they shall be checked against original case files in the record section to ensure that the Investigations Division files do not contain any reports or records not filed with the originals. D. All copies of information other than originals will be destroyed by shredding. ON-CALL DUTY ROSTER A. An on-call schedule will be posted for the hours that a detective is not on duty. B. The schedule will be sent via to all divisions monthly. C. Each division shall print out and post the schedule. VCUPD Written Directives Manual 7-2 Criminal Investigations 7

8 D. The on-duty patrol supervisor will respond to the scene of an incident, evaluate the situation, and contact the on-call investigator and advise them thoroughly of the situation that has taken place. E. The on-call investigator will make a determination if their response is necessary based on the information received by the on-duty supervisor. F. When the on-call investigator arrives at the scene of the incident they will be briefed by the patrol supervisor. G. On-call investigators will respond to cases of: 1. Loss of Life 2. Serious injury resulting from a criminal act 3. Major thefts 4. Robbery 5. Sexual Assaults 6. Any other incident determined to be serious enough for an investigator INFORMATION SHARING A. Investigations Division personnel impart information about current crime trends by working with the Records Tech/Crime Analyst on a weekly basis. B. Investigations Division personnel seek information regarding crime on campus through communication with the Patrol Division and Crime Prevention Officers. Status updates are acquired in weekly staff meetings. C. Investigations Division personnel relay pertinent crime and investigatory information to all police personnel through attendance at read-off and roll-call trainings and through the distribution of notifications. D. Investigations Division personnel remain in constant communication with the VCU Safety Case Manager, VCU Title IX Coordinator, and VCUPD Victim/Witness Coordinator regarding matters involving victims and potential of crime. E. Investigations Division personnel work closely with the Richmond Police Department and liaise with their detectives on cases that occur on or nearby campus that are assigned to their detectives. F. Investigations Division personnel attend the Richmond Police Department s biweekly intelligence meetings and COMSTAT meetings. TIPS (TACTICAL INTELLIGENCE PROCESSING SYSTEM) A. The Tactical Intelligence Processing System (TIPS) is designed to collect, correlate, and organize pieces of investigative information as they are developed through the course of an investigation. VCUPD Written Directives Manual 7-2 Criminal Investigations 8

9 B. The Virginia State Police, Data Processing Division and the Bureau of Criminal Investigations developed this system. Presently, TIPS is the only law enforcement system tailored to Virginia Law Enforcement needs with statewide collection, storage and dissemination capabilities. C. To comply with Federal Regulation, 28 CFR, Part 23, the system is designed to allow only entry of information that is related to a criminal suspect. All information entered into the system must be related to one or more individuals or businesses suspected of being involved in criminal activities. D. As additional information on suspects is obtained, the information should be updated in TIPS. E. The TIPS System is located in the Investigations Division. Access can only be gained once an investigator has been properly trained. The only persons allowed to utilize the system must be registered with the Virginia State Police. F. All documentation is stored within the system. The Investigations Division sergeant will monitor all activities regarding the system. G. All training conducted with the use of the TIPS System is in accordance with the mandated training provided by the Virginia State Police. TITLE IX INVESTIGATIONS A. The VCU Title IX Coordinator handles all administrative Title IX investigations. VCUPD handles criminal investigation of sexual violence. 1. These investigations often occur simultaneously. 2. VCUPD shall not cause the delay of a Title IX investigation due to a pending criminal investigation outcome. 3. These investigations shall remain separate and not interfere with one another. NOTE: If a delay due to the collection of evidence occurs, investigators shall communicate this information to the victim and the Title IX Coordinator. B. VCUPD officers and Investigations Division personnel will liaise with the Title IX Coordinator to ensure that he/she has access to all information that is needed to investigate the alleged Title IX violation. NOTE: If the Title IX Coordinator requests access to information that could potentially compromise a criminal investigation, the Chief of Police will work with the Title IX Coordinator to ensure that VCUPD provides as much information as is allowable without such a compromise. C. Agency personnel shall receive Title IX training upon hire and biennially regarding: 1. How to identify sexual assault 2. Title IX reporting and grievance procedures VCUPD Written Directives Manual 7-2 Criminal Investigations 9

10 3. Procedures used to investigate reports of sexual violence VCUPD Written Directives Manual 7-2 Criminal Investigations 10