Criminal Investigation - Chapter 1 Notes (Overview and Preliminary Investigation)

Overview of Criminal Investigation

• A criminal investigation is usually initiated by personal observation or information from a citizen.
  • Patrol officers may observe suspicious actions or people.
  • Information is received at police HQ by telephone, teletype, radio, or direct report at a complaint desk.
  • A police dispatcher relays information to a patrol officer by radio/teletype; the officer responds.
• Who initiates a criminal investigation?
  • Officers making a personal observation of a criminal act.
  • Citizens: A) giving information to an officer; B) filing an I/O report at the station; C) calling the station to report the act.
• The actual criminal investigation is a reconstructive process based on DEDUCTIVE REASONING: a logical process in which a conclusion follows from specific facts.
  • Based on specific evidence, investigators establish proof that a suspect is guilty (e.g., finding a suspect’s driver’s license on the floor of a house used to unlock a door to commit burglary).

Key Definitions

• Investigate:
  • "To track or trace".
• Investigation:
  • A patient, step-by-step inquiry or observation; careful examination; recording of evidence; or a legal inquiry.
• Criminal:
  • A person who commits a crime.
• Criminal Investigation (combined):
  • The process of discovering, collecting, preparing, identifying and presenting evidence to determine what happened and who is responsible.

Elements of Crime, Statutes, and Intent

• First Determination: Is a crime committed, or not?
• Crime: An act in violation of penal law and an offense against the state; includes misdemeanors and felonies.
• Criminal Statute: A legislative act relating to crimes and penalties at federal and state levels.
• Ordinance: An act of the legislative body of a municipality or county relating to rules governing the municipality/county (including misdemeanors).
• Elements of the crime: Specific conditions that must occur for an act to be called a particular crime; the prosecution must prove ALL elements.
  • Some statutes require proving ALL elements; others use "or" to require proving one or more listed elements to charge a crime. Always read statutes carefully to determine whether ALL elements or only some must be proven.
• Criminal Intent: Purposefully performing an unlawful act or knowing an act is illegal (often a major element to prove).
• Modus Operandi: How criminals usually operate.

Goals of Criminal Investigations

• Determine whether a crime has been committed.
• Legally obtain information and evidence to identify the responsible person.
• Arrest the suspect.
• Recover stolen property.
• Present the best possible case to the prosecutor.
• Note: Slide mentions #4 as applicable to some cases; details covered later in the course.

The Preliminary Investigation and Initial Response

• The initial response is the first priority; the officer who receives the call should get there as soon as possible.
  • Studies suggest the probability of making an arrest at the scene is higher when the response time is ≤ 1 minute. Note: not every call requires high-speed response; depends on the situation.
• The arrival at a scene:
  • The initial officer will encounter chaos and must take charge.
  • People at the scene may be excited, apprehensive, perplexed, cooperative, or uncooperative.
• Quick assessment and priority setting:
  • A. Emergency situation: dangerous suspect or gravely injured person; tend to these first.
  • B. After emergencies, assess the scene and secure it (rope, tape, etc.).
  • 1) Any suspect at the scene should be detained, questioned, then released or arrested per departmental protocol.
  • 2) If a suspect has left, obtain a description of the suspect, any vehicle, direction of travel, and any items taken; inform dispatch promptly.
  • 3) A dead body may become the center of attention; if the victim is obviously dead, leave the body in place but protect it and its surroundings; identifying the body is not an immediate concern; preserving the scene is more important for later victim ID, cause of death, and suspect ID.
• The initial responder’s responsibilities include securing the scene and protecting evidence; non-emergency actions are delayed until the scene is protected.
• Securing the scene:
  • Indoor scene: clear everyone outside, lock doors, position a guard at doors.
  • Outdoor scene: cordon off with crime scene tape; weather can affect evidence (heat, wind, snow, rain, sleet).
  • Bystanders should be told politely to stay outside the scene.
• After securing the scene, follow departmental procedure. If the department requires waiting for an investigator, do so; otherwise begin an investigation without tampering with the scene.
• Six steps of responsibility are noted for deeper coverage in Chapter 2.

Evidence, Statements, and Field Techniques

• Res Gestae statements: spontaneous statements made at the time of the crime; often more truthful than later statements; generally an exception to the hearsay rule; admissible without Miranda warnings.
• Neighborhood canvass: door-to-door inquiries about observations; a crucial, often primary source for solving crimes.
• Field tests: inexpensive tests used during the preliminary investigation to quickly identify potential evidence (e.g., illicit substances, blood stains); can save time by identifying what should be sent to the lab or disregarded.
• Determine whether a crime has occurred by knowing the elements of each major offense, the supporting evidence, and when the event occurred.
• In complex cases (usually homicide), a command center might be established (not used very often).
• Media relations:
  • Police and news media feed off each other; media can help solicit public assistance.
  • Releasing information can harm a case; protect the defendant’s rights (Sixth and Fourteenth Amendments).
  • Ideally, one public relations spokesperson should handle communications to avoid inconsistent officer statements.

Predication, Planning, and Investigation Steps

• Predication: a brief statement justifying the opening of a case (what initial evidence justified the investigation).
• Elements to prove: the specific components detailed in state or federal statutes; jurisdictional issues; vary by crime; refer to the criminal code to know what must be proven.
• Preliminary steps: methods for obtaining basic background information on the complainant, the victim, and the suspect.
• Investigative steps: define the basic parameters required to establish that a crime occurred; identify who to interview and which records to obtain and examine.
• Planning:
  • Develop a plan that seems to work; save it on a computer to reuse as a model for other cases.

The Investigative Function and Department Organization

• Specialized investigative units arose for five main reasons (the transcript notes five factors but does not enumerate them here).
• In departments with specialized units, there can be overlap between investigations and patrol duties, reducing efficiency.
• Regardless of specialization, the end goal is the same: to solve crime; ultimate responsibility lies with all police personnel; it must be a cooperative, coordinated departmental effort.

Trends, Challenges, and Training Needs

• Financial resources:
  • Federal and state money are harder to obtain; departments are under budget pressures.
• Criminal sophistication:
  • Criminals are getting smarter, using equipment to increase payoff and reduce chances of getting caught.
• Modus operandi changes:
  • Criminals may switch MO to deceive law enforcement.
• Withdrawal syndrome:
  • A cultural/psychological tendency for people to refrain from getting involved; increases the need for specialized interviewing training to gain trust and obtain information.

The Investigative Function: Skills and Relationships

• Investigators must develop good relationships and personality skills to communicate effectively with people.
• They need cooperation from victims, witnesses, suspects, and colleagues to advance cases.
• The personnel involved in investigations include a broad network; maintaining positive relationships is crucial to obtain information.

Civil Liability, SOPs, and Continuing Education

• To avoid or minimize civil liability, several guidelines are highlighted:
  • Do not engage in off-duty actions unless the situation is a priority.
  • Adhere to written Standard Operating Procedures (SOPs).
  • Continuing Education Units (CEUs) are required: all law enforcement personnel (except sheriff’s office personnel) must complete a minimum of ${12}$ hours of CEUs per year.

Practical Considerations and Best Practices

• The material emphasizes the importance of:
  • Timely and appropriate initial response to maximize investigative outcomes.
  • Securing and protecting the crime scene to preserve evidence.
  • Clear communication with the public and media to aid investigations while protecting rights.
  • Building plans for investigations that can be replicated and reused.
  • Ongoing training to adapt to evolving criminal techniques and to minimize legal exposure.

Quick Reference Notes

• Initiation sources: officer observation; citizen report.
• Flow of information: field → HQ → dispatch → officer response.
• Key terms: Investigate, Investigation, Criminal, Elements of Crime, Intent, Modus Operandi.
• Core procedural steps: initial response → scene assessment → securing scene → emergency handling → suspect management → preservation of evidence → follow departmental procedure.
• Evidence types: Res Gestae statements, neighborhood canvass, field tests, lab coordination.
• Predication and planning: justify opening; identify elements; background and investigative steps; save model plans.
• Public relations: one spokesperson; careful information sharing; respect for defendants’ rights.
• Liability and training: SOP adherence; CEU requirements; off-duty considerations.

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