LAKE CITY POLICE DEPARTMENT GENERAL ORDERS MANUAL

Transcription

1 LAKE CITY POLICE DEPARTMENT GENERAL ORDERS MANUAL SUBJECT CHIEF OF POLICE Traffic Crash Investigations Signature on File NUMBER 119 ISSUE DATE December 30, 2011 REVISION DATE TOTAL PAGES 8 AUTHORITY/RELATED REFERENCES Florida State Statute Chapter General Order 174, Impounding and Controlling of Property and Evidence ACCREDITATION REFERENCES CFA Ver. 4.0; Chapter 23 SUPPORTING FORMS HSMV S; Florida Traffic Crash Report KEY WORD(S) INDEX Policy Crash Scene Responsibilities Crash Reports and Forms Property of Crash Victims Driver Exchange Form Crash Investigation and Follow-Up Crash Report Review Hit and Run Investigations Crash Jurisdiction and Response Expert or Technical Assistance POLICY The responsibility of law enforcement members to investigate and report motor vehicle crashes is well established by both law and custom. Crash investigation is a necessary element of the department's duty to preserve and protect life and property by documenting the nature and causes of vehicle crashes. Data gathered through crash investigations is used as a basis for developing traffic laws and traffic safety programs. 12/11 CHIEF ARGATHA GILMORE 1

2 PROCEDURES I. Crash Reports and Forms A. Each crash investigation shall be reported on the following report form: 1. Lake City Police Department Computer Crash Report (Long and Short Form) HSMV Florida Traffic Crash Report (Update/Continuation) B. Report forms shall be completed as specified in the Florida Department of Highway Safety and Motor Vehicles' publication, "Instructions for Completion of Florida Traffic Crash Report Forms." In addition, all long form crash reports completed by a member must include a diagram. C. The investigating member shall complete a crash report for all reported crashes which meet the criteria in (D) below. Crashes meeting these criteria must be reported by the investigating member in all cases even when reported late and even when the principal states that they do not want to make a report. D. Criteria for Crash Report - The Lake City Police Department Computer Long Form Crash Report and Florida Traffic Crash Report HSMV90010 (Diagram) will comprise the long form crash report. A long form crash report is required when any of the following circumstances exist: 1. The crash results in the death or bodily injury of any person; or, 2. The crash results in either the spill or the potential for a spill of a hazardous material; or, 3. The crash involves a City of Lake City vehicle or other government vehicle or property or, 4. The crash involves a commercial vehicle and meets the requirements for commercial vehicle supplement 5. Any of the following violations occurred: a. Leaving the scene of any attended crash [except as provided in ]. b. Driving while under the influence of alcoholic beverages, chemical substances, and controlled substances or with an unlawful blood alcohol level. c. Leaving the scene of an unattended crash where there is follow-up information available (i.e. witnesses, suspect information, etc.) 12/11 CHIEF ARGATHA GILMORE 2

3 II. "Driver Exchange Form" A. The Driver's Report of Motor Vehicle Crash form (HSMV 90006) is commonly referred to as a "Driver Exchange Form" crash report. This report form is intended to be completed by the principals involved in a crash and mailed by them to DHSMV. Members issuing the Driver Exchange Form to operator(s) involved in a crash will assist them in the preparation of the form when necessary. The "Driver Exchange Form" report shall be provided to the principals in the following circumstances: 1. Parking lot crashes, which do not involve injuries or criminal charges 2. All of the principals have voluntarily left the scene prior to the arrival of the member and the crash does not meet the criteria listed in (D) (also see (C)); B. Criminal charges (e.g. D.U.I., Hit/Run, Possession of Narcotics, etc.) arising from the crash investigation, other than driver s license and tag violations, will be completed on the Lake City Police Department computerized offense reporting system utilizing the same offense number III. Crash Report Review A. All crash reports must be turned in by the investigating member prior to the end of the shift. If the report is unable to be completed in its entirety the member shall complete the minimum amount of information, including a diagram, as described in general order In any event the report must be submitted within 24 hours after completion of the investigation as required by Florida Statute (3)(a). Supervisors will review crash reports through the automated review process. All traffic homicide investigations will follow established computer reporting procedures for approval IV. Crash Jurisdiction and Response A. Within the limits of jurisdiction, a member shall be dispatched to the scene of all traffic crashes and shall take a report when that crash involves death or injury, hit and run to the extent that towing is required, any damage to government owned vehicles or property, involves a commercial vehicle and requires a DHSMV commercial vehicle supplement, or the spill or potential spill of hazardous materials. B. Within the limits of jurisdiction, a member shall be dispatched to the scene of all traffic crashes that involve disturbances between principals or that result in major traffic congestion. In these instances, a report shall be taken if the crash meets the criteria set forth in (D). In all cases, the member shall, at a minimum, assist the involved parties with the driver exchange information. If a criminal act was committed during the dispute or disturbance, the member will conduct the appropriate investigation, documenting the incident in the computerized offense reporting system. 12/11 CHIEF ARGATHA GILMORE 3

4 C. A driver (or drivers) who has already left the scene of a crash and reports the crash to police from a different location (i.e. at the front desk, from his home, etc.) should be instructed to return to the scene of the crash to meet with a member so that a proper report and investigation can be completed. If both parties have voluntarily left the scene, the drivers may report the crash on form HSMV 90006, Driver Exchange Form. D. Private Property Crashes- Within the limits of jurisdiction, a member assigned to investigate a crash occurring on private property, which is open to public vehicular traffic, will assist the principals, when necessary, in completing a Driver Exchange Form crash report, unless one of the conditions in (D) are present V. Crash Scene Responsibilities A. The first arriving member at the scene of a crash shall be responsible for the following: 1. Position the police vehicle in such a manner so as to provide maximum visibility to oncoming traffic, and provide safety for persons, vehicles, the scene, and evidence. 2. Arrange for the care of injured persons. 3. Locate and isolate potential hazards (fire, fuel spills, hazardous materials, downed electrical wires, etc.) 4. Summon additional assistance as needed (additional members for traffic direction and control, rescue units, tow truck, etc.) 5. Place temporary warning devices as needed (e.g. flares, reflectors, barricades, traffic cones, etc.) to protect the scene and for the temporary detour of traffic. 6. Secure and protect the scene and any short-lived evidence as well as other general evidence. 7. Locate, secure and isolate principals and witnesses. 8. Provide traffic control, if needed, and restore the normal traffic flow as soon as possible. 9. In cases of hit and run, follow proper investigation procedures, and broadcast the necessary BOLO's. B. When more than one member of equal rank responds to the scene of an crash, the member assigned to investigate the crash shall be in charge of the crash scene and shall assume or delegate those responsibilities enumerated in and may summon whatever assistance is necessary to fulfill those responsibilities. 12/11 CHIEF ARGATHA GILMORE 4

5 C. When a traffic homicide investigator or team is assigned to the crash, they shall take charge of the investigation. D. Hazardous Materials or Circumstances - In the case of potential fire, explosion, or hazardous material spill, the member in charge of the scene should ascertain the type and amount of the hazard or material involved and its potential effects, notify the on-duty Shift Commander, and request additional law enforcement or fire department assistance as necessary to control the scene. E. In addition, the member in charge should evacuate the scene as necessary and avoid contact with or inhalation of gases, fumes, or smoke. Specialized assistance may be required from the Fire Department Hazardous Materials Team (also see Critical Incident Response checklist; Hazardous Materials ) VI. Property of Crash Victims A. The assigned investigating member at the scene of an crash shall ensure that property belonging to crash victims is protected from theft and is removed to a place of safekeeping if the owner or owner's designee (relative, friend, etc.) at the scene is unable to care for it. The procedures for same shall be as follows: 1. If the owner is still at the scene and able to communicate, the member will inquire as to whether there is any property in the vehicle that must be removed for safekeeping. If so, the member will remove the property from the vehicle and deliver it to the owner or the owner's designee or place same into property as per general order If the owner is not at the scene or is unable to communicate, the member will conduct an inventory of the vehicle's contents. If any personal property of immediate value to the vehicle owner, driver, or occupants (i.e. wallets, purses, cash, etc.) is found, it should be removed from the vehicle and delivered to the owner or the owner's designee or placed into property as per general order VII. Crash Investigation and Follow-Up A. A member assigned to investigate a traffic crash shall be responsible for completing the following investigative steps: 1. Interview all principals and witnesses in the crash and reflect the statements in the crash report. 2. Examine all vehicles for any damage, and record same in the appropriate section of the crash report. 3. Examine and record the effects of the crash on the roadway and surrounding area (oil spills, signs knocked down, etc.). 4. If necessary, obtain measurements using a Roll-A-Tape or other reliable means, and indicate it on the diagram and/or report. 12/11 CHIEF ARGATHA GILMORE 5

6 5. Insure that photographs are taken if they are essential to the investigation or are needed as evidence. Photographs are generally not necessary for most crash investigations, which are completed at the scene or immediately thereafter. 6. Collect, record and preserve all essential evidence, using the services of a Crime Scene Investigator if necessary. 7. Complete the Drivers Exchange form and insure that all drivers involved in the crash are supplied with the following information: a. The name and address of the owner and driver of each vehicle involved. b. The license number of each vehicle involved. c. The name of the liability carrier of each vehicle involved. d. The police departments report number and the name and badge number of the investigating member. e. Members should conduct warrant and driver s license checks on the drivers and the vehicles prior to allowing them to leave the scene. B. Whenever it can be clearly established who is at fault in a crash investigation, and when sufficient evidence exists to satisfy all the elements of the particular violation, the investigating member shall issue a traffic citation(s) or make criminal arrests as applicable, except as otherwise provided in department procedures governing traffic homicides and city vehicles. Non-sworn members may not issue criminal citations in traffic crashes; however, they may continue to investigate the crash and summon a sworn officer to issue the appropriate citation. If a Non-sworn member suspects impairment as the contributing cause of the traffic crash, they should summon a sworn officer to investigate the DUI. A Non-sworn member may investigate a traffic crash where one of the drivers has non-traffic criminal charges, which were not the contributing cause of the crash. Officers will need to take over crash investigations involving DUI and issue any citations and complete the crash and case reports. Non-sworn members will be able to assist in the investigation. The Fellow Officer Rule does not apply to non-sworn personnel [Whiteley v. Warden, 401 U.S. 560 (1971), Johnson v. State, 660 So. 2d 648 (Fla. 1995)]. C. When it is established that the crash will result in criminal charges being filed, the following procedures shall be followed: 1. Complete the standard narrative for the crash investigation. Then start the criminal investigation, using the computerized offense reporting system utilizing the same report number. Under the source heading, the officer shall state that this is a criminal charge arising from a traffic crash investigation. 12/11 CHIEF ARGATHA GILMORE 6

7 D. Follow-up Crash Investigation - Any member who is assigned to investigate a crash will also be responsible for any follow-up investigation that may be required to include the following: 1. Collecting off-scene data - Some crash investigations may require the member to gather data and information at locations other than the crash scene. 2. Obtaining formal statements from witnesses and recording them in the appropriate report. 3. Preparing the appropriate reports to support criminal charges arising from the crash VIII. Hit and Run Investigations A. The investigating member assigned to a hit and run crash shall be responsible for conducting as much follow-up investigation as is possible during the immediate tour of duty. Hit and run investigations should be conducted in the same manner as any other criminal investigation, observing proper investigative procedures concerning evidence, witness interviews, and suspect statements. Whenever possible patrol officers are expected to follow up and close their hit and run investigations. B. If there is insufficient information to identify the vehicle and or driver, and the case does not involve a felony charge, the case may be classified as Pending at that time due to insufficient evidence. C. In hit and run cases which occur in parking lots, involving unattended vehicles with no suspect information the member shall provide the victim with a driver s report of a crash to submit to DHSMV and insurance; create a offense report titled, Accident: Hit and Run, place in the top line of the narrative, Hit and run to unattended vehicle in parking lot, no suspects, case closed. Also a brief narrative describing the facts, time frame and damage shall be included. D. The investigating member should complete the following investigative steps, at a minimum, in the investigation of hit and run crashes: 1. If the suspect's location is believed to be within the city limits of Lake City, attempt to make contact in person; if personal contact is not possible or practical, then contact should be attempted by telephone. 2. If the suspect's location is believed to be in another jurisdiction, attempt to make contact with the assistance of the agency having jurisdiction. If the assisting agency is able to make contact with the suspect and/or vehicle, the member may respond to the location and complete the investigation. If the agency is unable to assist, then contact should be attempted by telephone. If leaving the city limits is required, supervisory approval shall be obtained. E. If the report does not contain complete information of the investigation, the investigating member should document the results of his investigation in the 12/11 CHIEF ARGATHA GILMORE 7

8 computerized case report. This should be completed prior to the end of the tour of duty. The report shall indicate additional follow-up is required to complete the investigation. Hit and Run Investigations with follow-up will require two separate reports. One report completed in the crash reporting system will document the actions of the traffic crash only. The second report will be completed in the offense reporting system and will document the events of the criminal investigation. F. Tracking of Hit and Run Crashes- All hit and run crashes which have not been closed, will be routed to the Criminal Investigations Division. The Division Commander will assign case priorities based on the seriousness of the case and its solvability. G. Criminal Investigations Division Investigator Duties- The Hit and Run investigator shall: 1. The Hit and Run investigator will brief the Criminal Investigations Division Supervisor of the case s progress and the steps taken. 2. Conduct follow up investigations to identify suspects and vehicle 3. Inform the original investigating officer the arrest of suspects identified. 4. If necessary the Criminal Investigations Division Supervisor may assign additional officers to assist in the investigation. 5. The member may coordinate with the Criminal Investigations Division, for assistance in vehicle identification and the preparation of photo packs and search warrants. H. Whenever a hit and run suspect is located, whether by the original investigating officer or the hit and run investigator, that officer will complete the HSMV form (Update/Continuation) and a supplement on the computer offense report system, documenting what steps were taken to close this case, and what charges, if any, were filed IX. Expert or Technical Assistance A. Should the need arise for expert or technical assistance from outside the department in the investigation of a traffic crash involving death, serious injury or unusual circumstances, the required specialist (i.e. mechanic, reconstructionist, or other specialist) may be utilized upon the approval of a Bureau Commander. 12/11 CHIEF ARGATHA GILMORE 8