Part 2: Police Work as a Profession Chapter 6: Police Operations: Criminal Investigation

1. Part 2: Police Work as a ProfessionChapter 6: Police Operations: Criminal Investigation

2. This Chapter will enable you to… • Discuss the role of policeinvestigations. • Understand different resourcesavailable to police investigators. • Understand the ways in which the policeshare the responsibility of investigative function with the patrol. • Identify & explain the goals of criminal investigation. • List & discuss the various responsibilities, and constitutional concerns of the criminal investigator.

3. THE INVESTIGATION FUNCTION • The investigator pursues a narrowly defined role in policing, according to Poland: • “…the detective, by virtue of his or her expertise and lack of responsibility for responding to citizen's calls for assistance, will be able to solve the case. • …Thus the detective is the premier crime fighter among police. Therefore, a position as a detective is often a career aspiration for police officers." • High-quality investigations are important to the performance & accountability of any police department.

4. THE INVESTIGATION FUNCTION • The term criminal investigation can be defined as a method of reconstructing the past, so the facts and circumstances of a crime can be better understood. • Though detectives investigate crimes, modern police departments also delegate this function to members of the patrol division as well • Other police personnel are also included in the task. • Records clerks, crime analysts, and communication personnel often take the initiative to search and to provide information to detectives in investigations.

5. TYPES OF INVESTIGATIONS • Basic types of investigations commonly undertaken: • Violations of the law. • Personnel investigations to determine suitability for employment/promotion or as a result of allegations of wrongdoing. • Organized crime investigations, which if left unchecked would result in an increase of vice-type criminal activity and related violence.

6. TYPES OF INVESTIGATIONS • Criminal investigations are conducted for three basic purposes: • As a reactive measure to follow up on the occurrenceof a crime that has already been committed. • As a proactive measure to monitor crimes as they occur. • As a preventive measure to ensure certain crimes will not be committed. • The basic premise behind criminal investigation is that people are not perfect, and they make mistakes. • Investigators believe all suspects will leave something behind to identify them as the perpetrators.

7. THE GOALS OFCRIMINAL INVESTIGATION • A thorough investigation can accomplish many objectives and produce many results, including: • Ascertain if a crime has been committed. • Determine the jurisdiction of the crime. • Procure evidence in a legal fashion. • Identify & arrest the suspect in the crime. • Recover stolen property. • Identify associates and clients (customers) of large criminal organizations. • Present evidence to prosecutors in an orderly manner. • Support testimony in court proceedings.

8. PATROL INVESTIGATIONS • It is the patrol division that will be the first to respond to the scene of a crime in many cases. • Patrol officers will generally offer initial assistance to victims, and have first opportunity to learn information about the perpetrator, motive, and other details. • The patrol officer will first identify witnesses at the crime scene and may even apprehend the suspect. • In crimes such as burglary & larceny, the patrol officer determines types of evidence to document. • In cases requiring specialized training, like organized crime offenses, a full-time investigator is required.

9. UNDERCOVER INVESTIGATIONS • Criminal investigations can also be proactive in nature, occurring when a crime has not yet been committed, but there is reason to believe it will. • Typically, undercover investigations take place with multiple jurisdictions working together, to pool resources & manpower. • As a rule, undercover investigations focus on illicit drug investigations, sting operations, gambling, prostitution, and the buying of stolen goods. • Decoy operations target robbery, burglary & assault, prostitution, and organized crime.

10. UNDERCOVER INVESTIGATIONS • Federal undercover operations generally attempt to detect & arrest people involved in official or political corruption, insurance fraud, and labor racketeering. • Recent federal investigations have focused on terrorism & identifying sleeper cells where operations are planned. • Because of the covert nature of their assignments, undercover investigators do not wear uniforms. • They dress in a manner that fits in with the persons they are investigating. • They drive vehicles that cannot be identified as police vehicles, and assume fictitious identities.

11. UNDERCOVER INVESTIGATIONS • A deep cover investigator may pose as an employee of the water/light/telephone company for the purpose of access to a suspect’s residence or place of work. • The investigator may spend lengthy periods of time with criminal targets & associates in order to gain their trust. • Deep cover assignments are extremely dangerous,as the officer typically works without supervision or surveillance from other officers. • In Light cover officers associate directly with the criminal targets, but for only short periods of time. • Sometimes even a matter of minutes.

12. UNDERCOVER INVESTIGATIONS • Undercover investigations are fraught with danger and psychological pitfalls for the investigator. • Family & social relationships can suffer because investigators are forbidden from discussing cases. • Long, trying hours can lead to burnout, resulting in complacency, where an investigator loses focus and might misread a potentially dangerous situation. • Investigators who have spent long periods of time undercover often find it difficult to return to their role as a patrol officer.

13. THE ROLE OF THE INVESTIGATOR • Investigators specialize in activities related primarily to law enforcement. • Patrol officers spend much of their time on order-maintenance & provision of general services. • Detectives gather crime information, effect arrests, and prepare cases for prosecution and trial. • They must observe constitutional restraints while conducting their duties, and satisfy the needs of the public and the victim.

14. GATHERING INFORMATION • Important tasks of investigators include rapid response to crime scenes; searching crime scenes; and identifying, collecting & preserving evidence. • The investigator must be familiar with the department's computer & records system. • Interviews are often useful in identifying suspects, which may lead to an arrest. • Success of the interview will often depend on verbal communication skills, and ability to demonstrate sensitivity & perception during the interview process.

15. FIELD OPERATIONS • The investigator is also called upon to conduct field services such as stakeouts or surveillances. • These operations typically require the investigatorto have knowledge of technical equipment. • Concealed microphones & sophisticated photo equipment.

16. CASE PREPARATION • When an offender is not identified promptly, the criminal investigation may take a number of directions. • If a suspect identity is known, victims & witnesses can aid the investigator in apprehension and conviction. • Cases involving an unidentified perpetrator present the greatest challenge. • Interviews with victims regarding may give information indicating the suspect's motive & opportunity. • Field reports by patrol officers, fingerprints and other trace evidence also provide significant leads.

17. CASE PREPARATION • When searching for clues, the investigator should consider four fundamental realms of information about the suspect's incentive to commit the crime: • The victim's background. • The benefits of the crime. • The opportunity to commit the crime. • Knowledge to commit the crime.

18. IDENTIFYING THE METHODOF OPERATION • A suspect's method of operation (MO) should be identified in case it is used again. • In recent years it has become more common for suspects to adopt different methods of operation. • Investigators should at least attempt to identify established methods, as some criminals prefer to stay with techniques that work well for them. • Once the MO is identified, a pattern of victims,locations, and other variables can possibly be recognized.

19. CRIME SCENE RESPONSIBILITIES • The crime scene can be defined as the area in which the suspect(s) and victim(s) maneuver during the commission of the crime. • It typically involves only one location. • It can include several sites, as in the case ofa struggle between victim and assailant. • Law enforcement officers should attempt to define the exact boundaries of the crime scene. • Once accomplished, the scene should be protected from unauthorized persons who might inadvertently destroy or alter evidence.

20. CRIME SCENE RESPONSIBILITIES • The crime scene provides an opportunity for the discovery of evidence it is hoped will identify the person responsible. • Fingerprints; Clothing particles; Bodily fluids, blood,or saliva; Personal items left by the suspect. • In addition to leaving evidence at the scene, a suspect may have taken evidence from the scene • Such as soil samples or blood. • Once the suspect has been identified, an investigator should collect evidence from both the suspect and the crime scene location for comparison.

21. THE PRELIMINARY INVESTIGATION • It is also essential for the first officer on the scene to make notes regarding the general condition of the crime scene. • Was the door ajar or any windows open? • Was any furniture overturned? • Were there any odors? • The identification, collection, and preservation of physical evidence is critical to identification & prosecution of the suspects. • Fingerprints, impressions, weapons, blood, fabricfrom clothing, cigarette butts, etc.

22. LOCATING PHYSICAL EVIDENCE • A search of the crime scene should begin with the most logical locations for the crime in question: • Escape routes that appear most likely for the suspect. • Locations where suspects might be tempted to discarda weapon • The suspect's point of entry • The route followed by the suspect once he/she arrived on the crime scene • Any objects or locations that might have attracted the criminal. (e.g., a safe) • Unusual areas such as the bathroom or the kitchen.

23. LOCATING PHYSICAL EVIDENCE • A walk-through by officers can reveal much of how and where the crime occurred. • Care should be taken, as fingerprints mayneed to be processed and photographs taken. • A search should be thorough and comprehensive. • Locations of evidence location must be recordedby photographs and/or sketches before it is moved. • Once this information is well documented, items can be moved for storage and transportation to the crime lab.

24. COLLECTION AND PREERVATION OF EVIDENCE • The process of evidence collection requires the investigator to be mindful of the roles of both lawyer and scientist. • Evidence must be systematically accumulated, separate from all other evidence, to prevent contamination. • It must be maintained in its original condition & not altered in any fashion or confused with other items of evidence. • For evidence to be admissible in court, it must be readily identifiable by the officer who collected it at the scene.

25. THE CHALLENGE OF ELECTRONIC EVIDENCE • Computers and other electronic devices are used increasingly by criminals to perpetuate crimes against people, organizations, and property. • Electronic evidence is increasingly important, and can be defined as… • “…information and data of investigative value thatis stored or transmitted by an electronic device." • Such evidence is often acquired when computers, CDs, DVDs, flash drives, PDAs & cell phones are identified at a crime scene or seized from a suspect.

26. THE CHALLENGE OF ELECTRONIC EVIDENCE • Special equipment and software are needed to"see" and evaluate electronic evidence. • When presented in court, expert testimony may be required to explain the evidence was acquired, andthe examination process used to interpret it. • In 2004, the government-sponsored Technical Working Group for Examination of Digital Evidence (TWGEDE) recommended digital evidence… • “…should be acquired in a manner that protects and preserves the integrity of the original evidence and that examination should be conducted only on a "copy" ofthe original evidence.”

27. PROFILING • From the earliest beginnings of criminal investigation, detectives have focused on relatively superficial characteristics to identify suspects. • Height, weight, race, gender, age, accent, etc. • Profiling has evolved over the last 30 years with the FBI's increasing understanding of serial murder. • Profilers dig into suspect personalities, psyches, pathologies & resultant behaviors. • Profiling can be reactive or proactive. • Reactive profiling tries to solve previous crimes. • Proactive profiling attempts to interdict & stop crimes.

28. PROFILING • Profiling uses pattern recognition, conclusions in assessing criminal suspicion & data sharing data. • Profilers also use… • Travel patterns; Socioeconomic status. • Clothing; Geographic locations. • Race, sex, and religion. • Among the most controversial elements of profiling. • It is essential to distinguish types of profiling: • Racial, psychological & geographic profilings areviolations of civil rights. • Criminal profilings are accepted tools for investigators.

29. SURVEILLANCE • The term surveillance can be defined as surreptitious observation of persons, places, or things. • Surveillance can be fixed (stationary), moving, or electronic in nature. • Fixed surveillance can either be covert, with undercover or plainclothes officers, or overt, with uniformed officers. • Moving surveillances usually require unobtrusive vehicles, two-way radios & knowledge of the area. • Electronic surveillance includes wiretaps, and electronic audiovisual devices like concealed voice transmitters, bumper beepers, pen registers, and night-view devices.

30. SURVEILLANCE • Because a wiretap is considered as the greatest encroachment on one's privacy, it must be conducted pursuant to law, and with an authorizing court order. • Surveillance might be thought of as an independent investigative technique, but is used most effectively in conjunction with other traditional techniques. • Surveillance can be costly, due to the number of officers, special equipment & overtime needed to maintain long periods of observation.

31. POLICE LINEUPS • Over the years, the Supreme Court has allowed certain forms of non-testimonial evidence for the purpose of identifying suspects in criminal cases. • One of the most common is the police lineup. • In a lineup, a suspect is placed together with several other people, and the victim or a witness is allowed to view them and pick out the suspect. • Constitutional considerations have generally focused on the fairness of this technique and on the suspect's right to counsel during the procedure.

32. THE PHOTO LINEUP • If the suspect is not in custody, the investigator can conduct a photo lineup to determine identification. • If administered correctly, it will not only identify possible suspects, but eliminate innocent persons from suspicion. • Use of only a single photo will taint the identification procedure and jeopardize the case. • To ensure a fair and legal outcome of the photo lineup procedure, a minimum of five photos should be used. • It should be pointed out to the witness that it is not necessary for an identification to be made. • It is a good idea to videotape the lineup process.

33. INFORMANTS • Police rely, to a great extent, on information from citizens in investigation & prosecution of suspects. • The term informant can be defined as anyoneoffering information to law enforcement. • Informants can aid an investigation in many ways: • Prevent crimes devised, but not yet acted out. • Help locate suspects & stolen property in crimes. • Create dissension within criminal groups, by providing information resulting in arrests • The manner in which informants can best be utilized rests with the timely identification of their motivations.

34. INFORMANTS • There are many types of informants… • Those who offer information out of a sense of civic duty. • Those who are money motivated. • Those who harbor other motivations • Fear, revenge, and competition. • The informant may be anonymous, offering his/her information over the telephone or through a "crime stoppers" program, where they are not identified.

35. INFORMANTS • Informants should be assigned to one control officer, with a second officer as a backup. • All contacts should be made with the primary officer. • The backup officer becomes acquainted with the informant by attending occasional meetings. • Dealing with informants can be laden with problems. • A major responsibility is to continually evaluate the reliability of the informant.

36. THE SECRET INFORMANT • In court, informant information is considered as hearsay, and will be evaluated for reliability. • If deemed reliable & credible, it can beaccepted under certain conditions. • If the court is doubtful, the information may be rejected. • Source of the information is the primary question. • Who is the informer? • In many states, as well as the federal government, if identity of the informant cannot be kept secret, the prosecution must either disclose the informant's identity, or dismiss the case.