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

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

Transcript of 1 Notes, Reports, & Legal Issues Why is it important that investigators write clear, concise, and...

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

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Notes, Reports, & Legal Issues

Notes, Reports, & Legal IssuesWhy is it important that

investigators write clear, concise, and complete police reports?

Why is it important that investigators write clear, concise,

and complete police reports?

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EQ: Why is it important that investigators write clear, concise, and complete police reports? 2

Group ActivityGroup ActivityGroup ActivityGroup Activity• You will be divided into two groupsYou will be divided into two groups• You will toss an object around the You will toss an object around the

group being sure no person is repeated group being sure no person is repeated and all are includedand all are included

• You will continue to toss the object in You will continue to toss the object in the same orderthe same order

• A Recorder will watch the groupA Recorder will watch the group– You will have special instructionsYou will have special instructions

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Group Activity Part IIGroup Activity Part IIGroup Activity Part IIGroup Activity Part II

• You stay in your groupYou stay in your group

• You will toss a different object around You will toss a different object around the group following the previous rules the group following the previous rules but the order will changebut the order will change

• The Recorder will observeThe Recorder will observe

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Group Activity Part IIIGroup Activity Part IIIGroup Activity Part IIIGroup Activity Part III

• You stay in your groupYou stay in your group

• You will toss yet another object around You will toss yet another object around the group following the previous rules the group following the previous rules but the order will change another timebut the order will change another time

• The Recorder will observeThe Recorder will observe

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Group Activity Part IVGroup Activity Part IV

Sit down in your assigned seat

Time to testify!

Sit down in your assigned seat

Time to testify!

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Call to the StandCall to the StandCall to the StandCall to the Stand

• First - the 4First - the 4thth person in Group 1 person in Group 1

• Second - the 6Second - the 6thth person in Group 2 person in Group 2

• Third - the Recorder for Group 1Third - the Recorder for Group 1

• Fourth - the Recorder for Group 2Fourth - the Recorder for Group 2

• You will come to the front of the room, You will come to the front of the room, be sworn in, and testifybe sworn in, and testify

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Cross-Examination Cross-Examination Cross-Examination Cross-Examination

• Who threw second in the first round?Who threw second in the first round?

• Who did the fifth person throw to in the third Who did the fifth person throw to in the third round?round?

• What colors were the items in the first round?What colors were the items in the first round?

• In what order were those colored items In what order were those colored items thrown?thrown?

• Who gave the instructor the items thrown in Who gave the instructor the items thrown in the last round at the end of the activity? the last round at the end of the activity?

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Group Activity DebriefGroup Activity DebriefGroup Activity DebriefGroup Activity Debrief

• How much did you remember of what How much did you remember of what you threw to whom?you threw to whom?

• How much did you remember others How much did you remember others doing?doing?

• What % do officers have to be correct What % do officers have to be correct for evidence to be admitted?for evidence to be admitted?

• Why did the Recorders have no Why did the Recorders have no problem recalling the events?problem recalling the events?

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Chain of CustodyChain of CustodyChain of CustodyChain of Custody

• Documents evidenceDocuments evidence– Who collected itWho collected it– Who received itWho received it– Who processed itWho processed it– Who stored itWho stored it

• Any break in the chain – the evidence Any break in the chain – the evidence can be excluded can be excluded

• ExampleExample

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Chain of CustodyChain of CustodyChain of CustodyChain of Custody

• Fill out form as much as possible before Fill out form as much as possible before you place evidence insideyou place evidence inside

• Document in your narrative the “whos” Document in your narrative the “whos” even though it is on the form even though it is on the form – Too much info is never too much!Too much info is never too much!

• Keep records in your field notes as wellKeep records in your field notes as well

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Reports ActivityReports Activity

How to write detailed narratives

How to write detailed narratives

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Think of an event from the last few weeksThink of an event from the last few weeks– Personal Personal – Conversation involved Conversation involved – Places you wentPlaces you went– Not a “big” thingNot a “big” thing

• Not trying to impress Not trying to impress

– Something to share, comfortable with all hearing Something to share, comfortable with all hearing about itabout it

• Review the event in your mind completely Review the event in your mind completely

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• I will select a partner for you I will select a partner for you • You will conduct a “field interview”You will conduct a “field interview”

– Don’t worry about kinesics Don’t worry about kinesics

• Make sure you use proper interviewing Make sure you use proper interviewing protocol – take field notes!protocol – take field notes!

• You will write a narrative on their recent You will write a narrative on their recent event once doneevent once done

• 2 Steps – interviewing and interviewee 2 Steps – interviewing and interviewee

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Step 1: person on left of table interview Step 1: person on left of table interview the person who sits on the rightthe person who sits on the right– 5 minutes 5 minutes

• Step 2: Person on left swap with person Step 2: Person on left swap with person from same row. Now person on right from same row. Now person on right interviews new person on leftinterviews new person on left– 5 minutes 5 minutes

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Now – write narrative from field notesNow – write narrative from field notes

• Remember:Remember:– A narrative tells a storyA narrative tells a story– Who, what, when, where, whyWho, what, when, where, why– Who before whatWho before what– They may have told you things out of They may have told you things out of

chronological order so make sure events are in a chronological order so make sure events are in a linear time sequence linear time sequence

• You have 15 minutes You have 15 minutes

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Step 1 – sit with original partnerStep 1 – sit with original partner– Review narrative togetherReview narrative together– How much was right/wrong?How much was right/wrong?

• Step 2 – sit with 2Step 2 – sit with 2ndnd partner partner– Review narrative togetherReview narrative together– How much was right/wrong? How much was right/wrong?

• Back to seats – what % were you right?Back to seats – what % were you right?• What % correct must cops be?What % correct must cops be?

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Scenario! Scenario!

• One student will act role of policeOne student will act role of police

• Four students will act the partsFour students will act the parts

• Each student will write a narrative from Each student will write a narrative from the perspective of the responding officerthe perspective of the responding officer

• Take field notesTake field notes

• Group suggestions for actions of officerGroup suggestions for actions of officer

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• You are on patrolYou are on patrol• You get a disturbance call from a You get a disturbance call from a

neighbor at 123 Main Street Apartment neighbor at 123 Main Street Apartment 107107

• Complainant states loud argument, Complainant states loud argument, breaking of glassbreaking of glass

• Nothing furtherNothing further• You arrive and knock on the door…You arrive and knock on the door…

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Facts you’ll needFacts you’ll need• 123 Main Street123 Main Street• Apartment 107Apartment 107• Roswell, Ga 30076Roswell, Ga 30076• Dispatch time – current time but PMDispatch time – current time but PM• Arrival – add 5 minutes Arrival – add 5 minutes • Write the PERFECT narrative – 25 Write the PERFECT narrative – 25

minutes minutes

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• You think yours is PERFECT?You think yours is PERFECT?

Groups of 3Groups of 3

• Read each others narrative and make Read each others narrative and make corrections on page: 3 minutes each reportcorrections on page: 3 minutes each report

• Group discuss/critique the narratives Group discuss/critique the narratives – Did someone do it better?Did someone do it better?– Were facts right?Were facts right?– Did they use a different way to phrase things?Did they use a different way to phrase things?

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Narrative WritingNarrative WritingNarrative WritingNarrative Writing

• Final narrativeFinal narrative

• Remember what you have learnedRemember what you have learned

• Remember a POLICE narrative tells “who Remember a POLICE narrative tells “who can testify to what” while telling the storycan testify to what” while telling the story

• Language must make sense to a juryLanguage must make sense to a jury

• Due at beginning of class tomorrow Due at beginning of class tomorrow

• Future narratives are far more complicatedFuture narratives are far more complicated

• Major assessment!Major assessment!

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PaperworkPaperwork

Annoying but necessary Annoying but necessary

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PaperworkPaperworkPaperworkPaperwork

• Each department has its own paperworkEach department has its own paperwork• BasicsBasics

– Incident ReportsIncident Reports– NarrativeNarrative– Supplemental Supplemental – Waivers - documents waiving of rightsWaivers - documents waiving of rights– Field Interview cardsField Interview cards– Activity logs Activity logs

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PaperworkPaperworkPaperworkPaperwork

• Basics: Continued Basics: Continued – Chain of Custody Chain of Custody – Various arrest recordsVarious arrest records– Property/evidence forms Property/evidence forms – Warrants: arrest, searchWarrants: arrest, search– Use of force documentation Use of force documentation

• Electronic formats are expandingElectronic formats are expanding– Laptops in most carsLaptops in most cars

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Legal Issues Legal Issues

Every word you write will be reviewed by many!

Every word you write will be reviewed by many!

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Legal IssuesLegal IssuesLegal IssuesLegal Issues

• Reports are the basis of all future legal Reports are the basis of all future legal actionsactions

• Reports most not only answer who, Reports most not only answer who, what, when, etc. but also explain your what, when, etc. but also explain your actions actions

• Semantics is everything – “shoot to kill” Semantics is everything – “shoot to kill” and similar are big no-no's and similar are big no-no's

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Legal IssuesLegal IssuesLegal IssuesLegal Issues

• Well written documentation protects you Well written documentation protects you like legal Kevlarlike legal Kevlar

• Many times your reports will be used in Many times your reports will be used in civil court as well as criminal courtcivil court as well as criminal court– Traffic accidents are most commonTraffic accidents are most common

• Reports support decisions such as Reports support decisions such as probable cause to arrest or searchprobable cause to arrest or search

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Legal IssuesLegal IssuesLegal IssuesLegal Issues

• Reports document protection of accused’s Reports document protection of accused’s rights – reading Miranda, waive rights for rights – reading Miranda, waive rights for searches, etc.searches, etc.

• Officers reports are assumed accurate and Officers reports are assumed accurate and truthful by the courtstruthful by the courts– Burden to prove otherwise falls on defenseBurden to prove otherwise falls on defense

• Finally – Police reports carry your name with Finally – Police reports carry your name with them forever, they are public record, and you them forever, they are public record, and you can’t take anything back after you submit can’t take anything back after you submit them. Be sure you tell the truth recording them. Be sure you tell the truth recording only facts. only facts.

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Notes, Reports, & Legal Issues

Notes, Reports, & Legal IssuesWhy is it important that

investigators write clear, concise, and complete police reports?

Why is it important that investigators write clear, concise,

and complete police reports?