Notes, Reports, & Legal Issues

1. Notes, Reports, & Legal Issues Why is it important that investigators write clear, concise, and complete police reports?

2. Group Activity • You will be divided into two groups • You will toss an object around the group being sure no person is repeated and all are included • You will continue to toss the object in the same order • A Recorder will watch the group • You will have special instructions

3. Group Activity Part II • You stay in your group • You will toss a different object around the group following the previous rules but the order will change • The Recorder will observe

4. Group Activity Part III • You stay in your group • You will toss yet another object around the group following the previous rules but the order will change another time • The Recorder will observe

5. Group Activity Part IV Sit down in your assigned seat Time to testify!

6. Call to the Stand • First - the 4th person in Group 1 • Second - the 6th person in Group 2 • Third - the Recorder for Group 1 • Fourth - the Recorder for Group 2 • You will come to the front of the room, be sworn in, and testify

7. Cross-Examination • Who threw second in the first round? • Who did the fifth person throw to in the third round? • What colors were the items in the first round? • In what order were those colored items thrown? • Who gave the instructor the items thrown in the last round at the end of the activity?

8. Group Activity Debrief • How much did you remember of what you threw to whom? • How much did you remember others doing? • What % do officers have to be correct for evidence to be admitted? • Why did the Recorders have no problem recalling the events?

9. Chain of Custody • Documents evidence • Who collected it • Who received it • Who processed it • Who stored it • Any break in the chain – the evidence can be excluded • Example

10. Chain of Custody • Fill out form as much as possible before you place evidence inside • Document in your narrative the “whos” even though it is on the form • Too much info is never too much! • Keep records in your field notes as well

11. Reports Activity How to write detailed narratives

12. Narrative Writing • Think of an event from the last few weeks • Personal • Conversation involved • Places you went • Not a “big” thing • Not trying to impress • Something to share, comfortable with all hearing about it • Review the event in your mind completely

13. Narrative Writing • I will select a partner for you • You will conduct a “field interview” • Don’t worry about kinesics • Make sure you use proper interviewing protocol – take field notes! • You will write a narrative on their recent event once done • 2 Steps – interviewing and interviewee

14. Narrative Writing • Step 1: person on left of table interview the person who sits on the right • 5 minutes • Step 2: Person on left swap with person from same row. Now person on right interviews new person on left • 5 minutes

15. Narrative Writing • Now – write narrative from field notes • Remember: • A narrative tells a story • Who, what, when, where, why • Who before what • They may have told you things out of chronological order so make sure events are in a linear time sequence • You have 15 minutes

16. Narrative Writing • Step 1 – sit with original partner • Review narrative together • How much was right/wrong? • Step 2 – sit with 2nd partner • Review narrative together • How much was right/wrong? • Back to seats – what % were you right? • What % correct must cops be?

17. Narrative Writing • Scenario! • One student will act role of police • Four students will act the parts • Each student will write a narrative from the perspective of the responding officer • Take field notes • Group suggestions for actions of officer

18. Narrative Writing • You are on patrol • You get a disturbance call from a neighbor at 123 Main Street Apartment 107 • Complainant states loud argument, breaking of glass • Nothing further • You arrive and knock on the door…

19. Narrative Writing • Facts you’ll need • 123 Main Street • Apartment 107 • Roswell, Ga 30076 • Dispatch time – current time but PM • Arrival – add 5 minutes • Write the PERFECT narrative – 25 minutes

20. Narrative Writing • You think yours is PERFECT? Groups of 3 • Read each others narrative and make corrections on page: 3 minutes each report • Group discuss/critique the narratives • Did someone do it better? • Were facts right? • Did they use a different way to phrase things?

21. Narrative Writing • Final narrative • Remember what you have learned • Remember a POLICE narrative tells “who can testify to what” while telling the story • Language must make sense to a jury • Due at beginning of class tomorrow • Future narratives are far more complicated • Major assessment!

22. Paperwork Annoying but necessary

23. Paperwork • Each department has its own paperwork • Basics • Incident Reports • Narrative • Supplemental • Waivers - documents waiving of rights • Field Interview cards • Activity logs

24. Paperwork • Basics: Continued • Chain of Custody • Various arrest records • Property/evidence forms • Warrants: arrest, search • Use of force documentation • Electronic formats are expanding • Laptops in most cars

25. Legal Issues Every word you write will be reviewed by many!

26. Legal Issues • Reports are the basis of all future legal actions • Reports most not only answer who, what, when, etc. but also explain your actions • Semantics is everything – “shoot to kill” and similar are big no-no's

27. Legal Issues • Well written documentation protects you like legal Kevlar • Many times your reports will be used in civil court as well as criminal court • Traffic accidents are most common • Reports support decisions such as probable cause to arrest or search

28. Legal Issues • Reports document protection of accused’s rights – reading Miranda, waive rights for searches, etc. • Officers reports are assumed accurate and truthful by the courts • Burden to prove otherwise falls on defense • Finally – Police reports carry your name with them forever, they are public record, and you can’t take anything back after you submit them. Be sure you tell the truth recording only facts.

29. Notes, Reports, & Legal Issues Why is it important that investigators write clear, concise, and complete police reports?