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Instructional Training Guide: Code Enforcement Module #11 Evidence: Gathering, Processing and Preserving

Your City Code Enforcement Division. Instructional Training Guide: Code Enforcement Module #11 Evidence: Gathering, Processing and Preserving. PURPOSE.

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Instructional Training Guide: Code Enforcement Module #11 Evidence: Gathering, Processing and Preserving

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  1. Your CityCode Enforcement Division Instructional Training Guide: Code Enforcement Module #11 Evidence: Gathering, Processing and Preserving

  2. PURPOSE The purpose of this training is to provide our officers with the very best information and resources available. This guide is designed to be part of a consistent method of policies and procedures protocol. Each officer will be required to adhere to the spirit and letter of these training guides when discerning a course of action to be taken.

  3. Code Enforcement Training CURTILAGE WORD OF THE DAY Curtilage: The land and outbuildings immediately adjacent to a home and regularly used by its occupants.

  4. Objective Code Enforcement Training The objective of this training is to enhance your ability and knowledge in the area of evidence gathering. Evidence is one of the keys to your success in gaining voluntary or forced compliance within the parameters of the law. Without proof that a particular violation exists, your chances of a conviction within a court of law are minimized, the chance of conducting a flawed abatement action and opening yourself, and the city, to legal liability are greatly increased and your credibility as well as the credibility of the division may be questioned.

  5. Objective Code Enforcement Training Proper evidence gathering and preservation is essential to a true and complete documentation of your case for prosecution, possible abatement action and cost recovery. As an officer you must be proficient as it relates to evidence procedures and definitions and how they play a part in the success of your cases. In this training we will define what evidence is, explain the purpose of such evidence, touch on the various types of evidence that complete a case file, discuss what each type of evidence consists of, and cover all of the aspects of gathering and processing evidence.

  6. Code Enforcement Training 1 a: an outward sign : INDICATIONb: something that furnishes proof : TESTIMONY; specifically: something legally submitted to a tribunal to ascertain the truth of a matter Evidence: Can be document, physical, audio, video or photographic proof substantiating the city’s position that conditions constituting a violation of an ordinance, code or law exist upon private property or public right-of-way. Evidence Defined:

  7. Code Enforcement Training As part of testimony within a court of law, ad judicial hearing, or council meeting. To complete your case file As proof of existence To protect you against false allegations To obtain necessary legal documents such as warrants or temporary injunctions and to substantiate any punitive actions Purpose Of Such Evidence :

  8. Code Enforcement Training Being that Code Enforcement is responsible for the enforcement of laws that may impose penalties, restrictions, abatements or other legal actions upon property owners, real or otherwise, it is imperative that all created case files include any and all evidence related to that assignment. The reality of your chosen profession is this, at some point, you will be in a position to forcibly remove real or personal property from an owner and then charge that owner with a crime related to that abatement and as a parting gesture, force the owner to pay monetary punitive fines and associated cost for the removal of his or her property, so needless to say, you will find that your top priority will be to prove and maintain your case.

  9. Document Evidence Code Enforcement Training Evidence Types includes; Document Evidence Research Evidence, Photo, Audio or Video Evidence and; Physical Evidence Research Evidence Photo, Audio or Video Evidence Physical Evidence

  10. Document Evidence Code Enforcement Training Document evidence consists of any documents created or obtained for the purpose of substantiating and strengthening your case against an owner or responsible party. Such document evidence will consist of some or all of the following; standard (time sensitive) notices, obtained inspection or abatement warrants, citations, Notice of Pendency, bid information, substandard structure inspection reports, court, parking or administrative citations, and summary forms. In tying the rest of this information together, you will find that the most important document evidence you will need is an up–to-date chronologically correct Investigative Report. The Investigative Report will create a picture that will describe the “who” “what” “when” “where” “why” and “how” of the conditions existing on the property and will tie together the conditions and the violation(s). The rest of the evidence will substantiate and corroborate your report

  11. Research Evidence Code Enforcement Training Research Evidence consists of information you will find that ties the problem property or violation(s) to a particular person, company or organization. Such evidence includes, but is not limited to; property profiles, Litigation Guarantees, tax information, business records, financial records, legal property records, and vehicle registration information. You will need to obtain as much information necessary to accomplish the intended task of identifying the right owners to the problem property. A poorly researched property will result in having to duplicate your efforts and will mean lost time in reaching your objective of gaining compliance.

  12. Photo, Video or Audio Evidence Code Enforcement Training Photo or Video Evidence is pretty much explanatory in context. This evidence, in its initial form, depicts the conditions of the property at the time of discovery and must be updated to provide a chronology of changes, or lack thereof, throughout the course of the investigation. It is recommended that such updates be taken from the same visual perspective, (angle or direction), as the initial photos or video so as to show compliance, any improvements or the continuation of the violations. Audio Evidence is a voice recording of events or conversations taken by the officer either in a controlled environment or spontaneously within the field. It must be noted that audio recordings taken without the permission of a subject may or may not be admissible in a court of law, however such recordings may be used for recollection purposes and is discoverable.

  13. Physical Evidence Code Enforcement Training Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact or issue based on its demonstrable physical characteristics. Physical evidence can conceivably include all or part of any object. Physical evidence, such as utility bills, mail, personal records or other papers found at a dumping site are considered to be physical evidence to be used in an illegal dumping case. Deteriorating materials that have broken off a structure, such as dry rot wood, water damaged stucco or similar materials can be used as proof that a building is substandard to a specific degree and is not being maintained.

  14. Evidence Gathering and Processing Procedures Code Enforcement Training The following procedures will be applicable for the gathering of the various types of evidence; Photo and Video Evidence; The following is a diagram of a typical property layout. As you notice this diagram outlines the various areas of a property surrounding a main structure. These areas include a rear yard, side yard, front yard etc. When taking photos or video of the existing violations, Choose a perspective that best depicts the violations that you are documenting. Settle for the least amount of photos necessary to achieve your goal NOTE *When taking follow-up photos or video, take them from the same perspectives you used for the initial photos or video

  15. Evidence Gathering and Processing Procedures Code Enforcement Training (continued) Document Evidence; Once your evidence has been discovered and obtained, you will need to gather and process your evidence and keep it in one place. This process is called “Chain of Custody” Definition Chain of custody - is technically defined as the movement and location of real evidence from the time it is obtained to the time it is presented in court. In practical terms, a chain of custody is the documentation and testimony that proves that the evidence has not been altered or tampered with in any way since it was obtained. This is necessary both to assure its admissibility in a judicial proceeding and its probative value in any preceding investigation. “Chain of custody” and “chain of evidence” are often used interchangeably.

  16. Evidence Gathering and Processing Procedures Code Enforcement Training (continued) Document Evidence; Document evidence will be collected as you create and continue to build your case file. All your documents will need to be placed within your case file as follows; (utilizing a Pendaflex #1157RR file) Pg 1, Insert property profile, notes to clerical support, original complaint, billing history and DMV printouts. Pg 2, All photos with older pictures on the bottom and succeeding pictures on top Pg 3, Investigative report on top and cost recovery info on bottom. Pg 4, All letter to and from responsible parties.

  17. Evidence Gathering and Processing Procedures Code Enforcement Training (continued) Document Evidence; As the case continues, you will need to replace the pages of the Investigative Report with updated versions. In addition to the paper case file, this division utilizes an E-FILE. This will be discussed within the Module entitled Preparing E-Files

  18. Evidence Gathering and Processing Procedures Code Enforcement Training WHEN TAKING PHOTOS OR VIDEO, EXCEPT WHEN TAKING PHOTOS OR VIDEO IN CONJUCTION WITH A WARRANT, OR TAKING PHOTOS OR VIDEO FROM THE PUBLIC RIGHT OF WAY, BE CERTAIN THAT YOU ARE LEGALLY ALLOWED TO BE ON THE PROPERTY FROM WHERE THE PHOTOS OR VIDEO ARE BEING TAKEN FROM. IMPORTANT INFORMATION

  19. Overview Code Enforcement Training The gathering of evidence is what you do once you have visited the property and have started conducting your investigation. There is no magic formula for building your case, documenting your evidence or for maintaining the life of your case. It starts off with the original complaint and continues until the case is closed. Where the case goes and how much evidence is necessary depends mainly upon what kind of cooperation you receive from the owner or responsible parties. The rule of thumb is that too much information may clutter your case, however not enough information will diminish your chances for a successful prosecution.

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