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May 2014

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Investigations: 10 Things Not to Do

 

The top ways crime scene investigations get screwed up

By Lt. Jim Glennon

Reprinted from LawOfficer.com

I spent almost half of my career in investigations. I was even commander of the investigations division of our county’s homicide task force for six years.  I studied the craft, and trained, read and worked hard. Still, what I don’t know about investigations could fill a generally large receptacle. What I was good at was being incredibly lucky.

As commander of investigations I was fortunate enough to have an organized obsessive-compulsive Sgt. Dave Kundrot. Alagna, Vasil, Malatia, Abenante, Wirsing, Nevara, Heim, Belanger—they were exceptional detectives and self-starters. On the task force I found the same luck. There are too many to count who were at the core of an incredibly successful and effective team. My skill was in assigning them based on their individual talents.

So with my experience in mind, the editors at Law Officer asked me to put together a list of the top 10 things not to do at a crime scene. So here goes.

No. 1: Don’t cover the body with a blanket! I’ve seen this done several times, usually by inexperienced police officers. But they aren’t the only culprits of this evidence-destroying practice. Often the guilty parties are firefighters, emergency medical personnel and well-meaning citizens.

I explained to fire supervisors many times about how covering bodies transfers material, contaminants and other evidence from one part of the crime scene to another. They politely listened and told me they got it. But, they didn’t get it. Next dead body—a blanket on it.

When questioned why their response was always a version of: “We’re just preserving the integrity of the dead person.” And no matter how many times you explain, “He’s dead so integrity isn’t his biggest issue!” many, not all, just had a hard time grasping that concept.

Solution: Make them watch 200 episodes of NCIS.

No. 2: Don’t unload or secure guns in an already secure crime scene! Early on in my detective career I responded to a guy shot in an apartment. When I arrived a senior patrol officer—training a recruit—had two guns that belonged to somebody unloaded and handcuffed together on top of the refrigerator! It was a condo with no one present but the two uniform cops!

I asked the officer why he moved the guns and he said with a condescending tone, “Needed to make the guns safe.”

I queried: “Safe from who?”

“Ya never know,” he snorted.

So I continued. “Did you take a picture of them before you moved them? Did you make sure you didn’t smudge fingerprints? Did you read them their Miranda rights before you hooked them up and detained them on the fridge?” He wasn’t amused.

No. 3: Don’t let a parade of curious cops walk through any crime scene! One of the first shootings I was involved in was in a neighboring town and I was just a back-up watching the rear door. But what I noticed after entering the house was how every officer working that night walked into the crime scene so they could see the gore. They stepped on pills, kicked bullet casings and literally picked up the deceased in order to peak at the entrance wound in the back of the dead guy’s head.

Bottom line: Even if you find it for some reason fascinating, restrain yourself and do your job.

No. 4: Don’t fail to keep a comprehensive log of everyone who walks into a crime scene! And when I say everyone, I mean EVERYONE. That includes bosses, chiefs, mayors, alderman, prosecutors, the chief’s mother, the mayor’s neighbor and nosey cops.

Let them know you’re logging their entry. Better yet, try to keep them out. Suggest that they might wind up in court or in a deposition if they’re on the list. Then—watch ’em run.

No. 5: Don’t be afraid to take charge! I don’t care if you are a rookie with three weeks experience: If you’re the first one there, TAKE CONTROL OF THE SCENE. Relinquish it when someone shows up who outranks you or who actually knows what they’re doing, but, believe me, controlling the scene will be greatly appreciated by those who need to investigate and are concerned about scene integrity (see: the O.J. Simpson case).

No. 6: Don’t forget to take pictures! Take ’em soon. Take ’em often. You never have too many (see below). Start shooting as soon as it’s tactically safe to do so. Remember: Use anything you can for scale or to establish positioning.

No. 7: Don’t take stupid pictures! Cops pretending they’re kissing the dead guy’s ear doesn’t look good in court. Putting funny hats on the victim or placing cigarettes in the mouth are also bad ideas. Pictures of officers playing with sex toys found in the closet or wearing dildo hats (yes, I’ve seen that) are not only unnecessary, they’re discoverable and tough to explain to three grandmothers sitting on the jury. Smoking or drinking at the scene is also a big no-no, made even more so when it ends up in a picture.  

You’re professionals, so act that way!

No. 8: Don’t overdo Miranda Warnings! First understand the parameters of the decision. Know what custody is and how the court views it (from the perspective of a reasonable person in the position of the suspect). And the warnings only have to be read once if they’re done correctly.  Document: when they were read, by whom, how (should always be from a card in my opinion), where exactly, who witnessed them (have at least one person if possible), and what was the response of the suspect (what they actually said). That part is important. Remember they have to understand and waive them.

No. 9: Don’t forget to keep a timeline! As soon as you can, get that thing going. Use the same timepiece for each entry whenever possible, and coordinate with dispatch times. Try to be precise but allow for some approximates. It ain’t an exact science but using the timeline shows professionalism and an attention to detail.

No. 10: Don’t discard your notes! There is case law about this issue, so it’s better to save any notes you take, even if they are on a napkin. All is discoverable. Therefore, write them as though you were a professional, because after all you are. Jotting down juvenile jargon such as: “Found the asshole hiding in the closet” isn’t recommended.

Conclusion So there it is. A short, abbreviated list of ‘don’ts.’ Maybe too simplistic and rudimentary for some, but reminders are a good thing.

At some point everything you do, say, don’t do, don’t say, write or don’t write may be an issue for a professional defense attorney or plaintiff’s attorney and brought up in court. Remember: You live and die by what you write in your reports. You live and die professionally by how you conduct yourself. And know this: if you screw up one investigation, it can affect your subsequent investigations for years to come.                   .

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Fitness Tip from 

Nutrition bars can provide an easy option to maintain fuel levels for work and exercise. The first of five important considerations to remember when selecting a bar is that if using before exercise and during training, select a bar high in carbohydrates (30-45 grams) and low in fat. Learn why, along with the other four tips here.
 

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Confidential Informants: Tips for recruiting, paying & reliability


By Dr. Larry F. Jetmore

Reprinted from LawOfficer.com

 Although anyone who provides information to the police (complainants, victims, witnesses, etc.) can technically be considered an informant, this article deals specifically with confidential informants (CI). For this article, a CI is a person formally registered with and compensated by the department for supplying information or performing a service, such as a controlled purchase of drugs.

Compensation may take the form of money and/or a reduced sentence for criminal behavior.

Woven through many of my previous articles on a variety of investigative subjects is my opinion that although the scientific tools available to today s investigator are invaluable, there is still no substitute for gathering information from the street. A police officer s ability to develop a case by using sources of information from people engaged in criminal behavior or living on the fringes of society is the bread and butter of detective work. Why? Because people living the life of the claw and fang have direct access and personal knowledge about people engaged in criminal behavior not normally available to the police.

The best of my detectives were born, raised and lived in the city, and while they may have had a unique ability to obtain information from life-long contacts, they still had to rely on CIs to obtain the type of detailed information needed to establish probable cause. Crime is conducted in secret by people who take steps to avoid detection.

The special challenges of drug investigations often rely on informant information, but CIs are also used in a wide variety of other criminal cases. For example, in larger cities such as New York or Detroit, locating a suspect after an arrest warrant is obtained isn t quite as easy as the average citizen may think. When we tell detectives to hit the streets to locate a suspect, what this really means is for them to contact their CIs to find out where the suspect is.

Developing CIs who can provide on-going information is a continuous process, but street prostitutes have always been fertile ground for detectives. The very nature of street prostitution requires the prostitute to operate in and on the fringes of a dark world as alien to the average citizen as the famous bar scene from the movie Star Wars. Even if a detective literally lives on the street, they can gain only limited access to those areas of the city that become a no-man s land after dark. This is the everyday work world for the street walker. So, if we want to know who robbed a convenience store, who is fencing stolen goods or where a particular suspect hangs out, developing prostitutes as CIs is routine detective work.

War Story

Delores and I went to high school together. She was on the cheerleading squad for the football team. We sat next to one another in several classes and became friends. A series of life events (e.g., an abusive father, an alcoholic mother, a divorce, etc.) led Delores down a different path. Many years passed, and we lost contact.

When I was assigned as a detective to the vice and narcotics division, one evening I participated in the usual roundup of prostitutes and recognized Delores with a group of other women in the police lockup. It turned out Delores was a stone-cold heroin addict. She walked the street every night offering herself in order to get enough cash for her next fix. Once a beautiful girl, she was now all skin and bones and suffered from a variety of sexually transmitted diseases.

In addition to prostitution, she was in possession of heroin when she was arrested. It wasn t her first arrest, and she was looking at doing some time. We became acquainted again, and I was able to convince a judge to offer her a methadone program instead of jail. She became one of my informants and provided information leading to many search warrants, arrests and convictions.

For several years I bailed Delores out of one jam after another. We had a quid pro quo relationship. She provided information about people much further up the crime ladder than she was, and I did my best to advocate for her.

Ultimately, someone strangled Delores and put her body in a dumpster behind a city-housing project. We never found her killer. It still bothers me.

Bottom line: This type of relationship between cop and informant is as old as time. Investigative effectiveness often hinges on how well detectives can recruit, maintain and motivate CIs to supply information.

Paying Confidential Informants

Federal and state agencies routinely offer money for information leading to the arrest and conviction of persons who have committed heinous crimes. It s also not unusual for prosecutors to recommend and judges to take into consideration the assistance rendered to the police by defendants as part of a plea negotiation. In fact, charges against a CI are often nolled or dropped entirely on the recommendation of the police because a little fish gave up a bigger fish. These are examples of utilitarianism making decisions based on a process balancing what the government thinks produces the greatest good for the most people.

Many departments allocate part of the police budget to what is often referred to as an undercover fund. Use of this fund by departmental personnel is either part of the policy and procedure on CIs or an entirely separate policy and procedure. Normally the commanding officer in charge of CI files is also responsible for managing and allocating monies in the undercover fund.

Although this fund often is used for a variety of purposes (e.g., emergency purchases of recording tapes for a wiretap), it s most often used to provide money to CIs to make supervised, controlled purchases of narcotics and/or to pay CIs for doing so in order to further a police investigation. Departments must use strict audit procedures to disperse and/or return money to the undercover fund.

Example: A detective makes out a departmental form requesting $50 and supplies the number and description of the case, such as on-going investigations into the sale of narcotics at 223 Main Street. The officer signs a receipt for the money and is given 48 hours for its use. The officer gives $30 to CI 4968 to make a controlled purchase of narcotics at 223 Main Street, and pays CI 4968 $20 for making the purchase. The officer documents this and places it in the file. The officer ultimately turns in the narcotics as evidence and for analysis, and receives a receipt. The officer submits a copy of the receipt along with a report indicating what the money was used for to the commanding officer in charge of CI files. If the case resulted in the obtainment of a search-and-seizure and/or an arrest warrant, the officer also includes this in the file, and it becomes part of the audit trail for disbursement of funds.

Often an outside auditor is hired to audit undercover funds, and the commander in charge of the fund conducts frequent inspections to ensure the money disbursed received a valid return (i.e., a search/arrest warrant).

Establishing Reliability

Search and seizure warrants are commonly issued based on information from confidential, reliable informants. Although laws vary considerably from state to state, the affiants applying for a search warrant must convince a judge that probable cause exists to believe a crime is being, has been or will occur; that the information in the warrant application is reliable, timely; that there is a fair probability that the premises or person searched will yield the items sought; and that the items are reasonably related to criminal activity.

With informants, officers usually accomplish this by corroborating the information supplied by the informant and establishing the credibility of the informant by past true information received from the informant, identifying the informant or informant declarations against their own penal interest. In Alabama v. White, the U.S. Supreme Court found that an anonymous tip can provide the foundation for reasonable suspicion when the tip predicts future activities that the officer is able to corroborate, which makes it reasonable to think that the informant has inside knowledge about the suspect.

 

Dr. Larry F. JetmoreDr. Larry F. Jetmore a retired captain of the Hartford (Conn.) Police Department, has authored five books in the field of criminal justice, including The Path of the Warrior. A former police academy and SWAT team commander, he earned his Ph.D. at Union University in Ohio, plus master’s, bachelors and associate degrees in Connecticut. Jetmore directs the criminal justice program at Middlesex College in Middletown, Conn., and is a full-time faculty member. His new book, The Path of the Hunter: Entering and Excelling in the Field of Criminal Investigation, is available from Looseleaf Law Publications. To order a copy, call 800/647-5547.

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7 Things Cops Should Never Say To Anyone

By Dr. George Thompson

Reprinted from PoliceLink

Dr. George J. Thompson is the President and Founder of the Verbal Judo Institute, a tactical training and management firm now based in Auburn, NY. For full details on Dr. Thompson’s work and training, please visit the Verbal Judo Web Site.

Safety lies in knowledge. If you deal with cagey street people, or indeed difficult people at all, anywhere, you need to watch your tongue! The “cocked tongue” can be more lethal than the 9 millimeter or the 45.

See this list of seven commonly used statements that can work against you.

7. “HEY YOU! COME HERE!”

Consider, you are on patrol and you see someone suspicious you want to talk with, so you most naturally say, “Hey you! Come here!” Verbal Judo teaches that “natural language is disastrous!” and this provides a wonderful example. You have just warned the subject that he is in trouble. “Come here” means to you, “Over here, you are under my authority.” But to the subject it means, “Go away-quickly!” The words are not tactical for they have provided a warning and possibly precipitated a chase that would not have been necessary had you, instead, walked casually in his direction and once close said, “Excuse me. Could I chat with momentarily?” Notice this question is polite, professional, and calm.

Also notice, you have gotten in close, in his “space” though not his “face,” and now you are too close for him to back off, giving you a ration of verbal trouble, as could have easily been the case with the “Hey you! Come here!” opening.

The ancient samurai knew never to let an opponent pick the place of battle for then the sun would always be in your eyes! “Come here” is loose, lazy, and ineffective language. Easy, but wrong. Tactically, “May I chat with you” is far better, for not only have you picked the place to talk, but anything the subject says, other than yes or no-the question you asked-provides you with intelligence regarding his emotional and/or mental state. Let him start any ‘dance’ of resistance.

Point: Polite civility can be a weapon of immense power!

6. “CALM DOWN!”

Consider this verbal blunder. You approach some angry folks and you most naturally say, “Hey, calm down!” This command never works, so why do we always use it? Because it flows naturally from our lips!

What’s wrong with it? One, the phrase is a criticism of their behavior and suggests that they have no legitimate right to be upset! Hence, rather than reassuring them that things will improve, which should be your goal, you have created a new problem! Not only is there the matter they were upset about to begin with, but now they need to defend their reaction to you! Double the trouble!

Better, put on a calming face and demeanor-in Verbal Judo we say, ‘Chameleon up’-look the person in the eye and say, gently, “It’s going to be all right. Talk to me. What’s the matter?” The phrase "What’s the matter?’ softens the person up to talk and calm down; where ‘Calm down’ hardens the resistance. The choice is yours!

5. “I’M NOT GOING TO TELL YOU AGAIN!”

We teach in Verbal Judo that ‘repetition is weakness on the streets!’ and you and I both know that this phrase is almost always a lie. You will say it again, and possibly again and again!

Parents do it all the time with their kids, and street cops do it with resistant subjects, all the time! The phrase is, of course, a threat, and voicing it leaves you only one viable option-action! If you are not prepared to act, or cannot at the time, you lose credibility, and with the loss of creditability comes the loss of power and safety!

Even if you are prepared to act, you have warned the subject that you are about to do so and forewarned is forearmed! Another tactical blunder! Like the rattlesnake you have made noise, and noise can get you hurt or killed. Better to be more like the cobra and strike when least suspected!

If you want to stress the seriousness of your words, say something like, ‘Listen, it’s important that you get this point, so pay close attention to what I’m about to tell you.’

If you have used Verbal Judo’s Five Steps of Persuasion you know that we act after asking our “nicest, most polite question,”

“Sir, is there anything I could say that would get you to do A, B and C? I’d like to think so?”

If the answer is NO, we act while the subject is still talking! We do not telegraph our actions nor threaten people, but we do act when verbal persuasion fails.

4. “BE MORE REASONABLE!”

Telling people “be more reasonable” has many of the same problems as “Calm Down!” Everyone thinks h/she is plenty reasonable given the present circumstances! I never have had anyone run up to me and say, “Hey, I know I’m stupid and wrong, but here’s what I think!” although I have been confronted by stupid and wrong people! You only invite conflict when you tell people to “be more reasonable!”

Instead, make people more reasonable by the way in which you handle them, tactically! Use the language of reassurance-“Let me see if I understand your position,” and then paraphrase-another VJ tactic!-back to them their meaning, as you see it, in your words! Using your words will calm them and make them more reasonable because your words will (or better be!) more professional and less emotional.

This approach absorbs the other’s tension and makes him feel your support. Now you can help them think more logically and less destructively, without making the insulting charge implied in your statement, “Be more reasonable!”

Again, tactics over natural reaction!

 

3. “BECAUSE THOSE ARE THE RULES” (or “THAT’S THE LAW!”)

If ever there was a phrase that irritates people and makes you look weak, this is it!

If you are enforcing rules/laws that exist for good reason, don’t be afraid to explain that! Your audience may not agree with or like it, but at least they have been honored with an explanation. Note, a true sign of REspect is to tell people why, and telling people why generates voluntary compliance. Indeed, we know that at least 70% of resistant or difficult people will do what you want them to do if you will just tell them why!

When you tell people why, you establish a ground to stand on, and one for them as well! Your declaration of why defines the limits of the issue at hand, defines your real authority, but also gives the other good reason for complying, not just because you said so! Tactically, telling people why gets your ego out of it and put in its place a solid, professional reason for action.

Even at home, if all you can do is repeat, “those are the rules,” you sound and look weak because you apparently cannot support your order/request with logic or good reason. Indeed, if you can put rules or policies into context and explain how the rules or policies are good for everyone, you not only help people understand, you help them save face. Hence, you are much more likely to generate voluntary compliance, which is your goal!

2. “WHAT’S YOUR PROBLEM?”

This snotty, useless phrase turns the problem back on the person needing assistance. It signals this is a “you-versus-me” battle rather than an “us” discussion. The typical reaction is, “It’s not my problem. You’re the problem!”

The problem with the word problem is that it makes people feel deficient or even helpless. It can even transport people back to grade school where they felt misunderstood and underrated. Nobody likes to admit h/she has a problem. That’s a weakness! When asked, “what’s your problem?” the other already feels a failure. So the immediate natural reaction is, “I don’t have one, you do!” which is a reaction that now hides a real need for help.

Substitute tactical phrases designed to soften and open someone up, like “What’s the matter?”, “How can I help?”, or “I can see you’re upset, let me suggest . . . .”

Remember, as an officer of peace, it is your business to find ways to gather good intel and to help those in need, not to pass judgments.

1. “WHAT DO YOU WANT ME TO DO ABOUT IT?”

A great cop-out (no pun…)! This pseudo-question, always accompanied by sarcasm, is clearly an evasion of responsibility and a clear sign of a lack of creativity! The phrase really reveals the speaker’s exasperation and lack of knowledge. Often heard from untrained sales clerks and young officers tasked with figuring out how to help someone when the rules are not clear.

When you say, “What do you want me to do about it?” you can count on two problems: the one you started with and the one you just created by appearing to duck responsibility.

Instead, tactically offer to help sort out the problem and work toward a solution. If it truly is not in your area of responsibility, point the subject to the right department or persons that might be able to solve the problem.

If you are unable or unqualified to assist and you haven’t a clue as to how to help the person, apologize. Such an apology almost always gains you an ally, one you may need at same later date. Beat cops need to remember it is important to “develop a pair of eyes” (contacts) every time they interact with the public. Had the officer said to the complainant, for example, “I’m sorry, I really do not know what to recommend, but I wish I did, I’d like to help you,” and coupled that statement with a concerned tone of voice and a face of concern, he would have gone a long way toward making that person more malleable and compliant for the police later down the road.

Remember, insult strengthens resistance and shuts the eyes. Civility weakens resistance and opens the eyes!

It’s tactical to be nice!

Dr. George J. Thompson is the President and Founder of the Verbal Judo Institute, a tactical training and management firm now based in Auburn, NY. For full details on Dr. Thompson’s work and training, please visit the Verbal Judo Web Site.

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