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E.P.P. 027 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 27 SUBJECT: INTERVIEWS AND WITNESS STATEMENTS EFFECTIVE: DECEMBER 1, 2001 REVISED: JULY 1, 2022 ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 1 of 7 I. PURPOSE The purpose of this policy and procedure is to provide guidelines and procedures relating to conducting interviews and associated safety factors, assuring compliance with the legal requirements of interviews, and general guidelines for taking witness statements. Procedures for use of the report writing room are also addressed. II. DEFINITIONS A. Non-Custodial Interview: The questioning of an individual by an officer for the purposes of eliciting information when the individual is not under any physical or legal control by the officer and that individual is free to leave and provisions are present to facilitate the individual leaving. B. Custodial Interview: The questioning of an individual by an officer for the purpose of eliciting information when the individual is incarcerated or otherwise under the physical or legal control of the officer and that individual is not free to leave. III. STATEMENT FORMATS A. Written Statements: 1. At the top of any written witness statement form the following information must be headlined: a. Full legal name; b. Date of birth; ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 2 of 7 c. Race/Sex; d. Current address, including city, state, and zip code; e. Current home and work telephone number, and if available, cellular telephone number; 2. The person making the statement must be placed under oath and the statement must be notarized by a law enforcement officer or notary public. 3. Written statements should be considered over recorded statements / interviews in the following circumstances: a. The severity of the crime does not mandate a recorded statement (this includes most misdemeanor crimes); b. The testimony involved is not of a complex nature; c. Detailed questioning is not needed to establish the facts of the testimony; d. Routine or general witness statements. B. Recorded Statements / Interviews: 1. Before beginning any recorded statement, the recording must be predicated with the following information: a. Case number; b. Date and time of interview; c. Location of interview; d. Name of person being interviewed; e. Name of person conducting interview; f. Name(s) of other person(s) present; g. Case reference (burglary, shooting, theft, etc.). 2. The issue of whether or not the interview is custodial or non-custodial needs to be established verbally. ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 3 of 7 3. Recorded statements / interviews should be considered over written statements in the following circumstances: a. The case involves a major crime; b. The testimony of the individual is of a complex nature and/or extremely lengthy; c. Several crimes or incidents may be involved; d. The individual is a suspect/victim. C. Obtaining Victim And Witness Statements: 1. Victim and/or witness statements in written form are required to be obtained by the reporting officer under the following circumstances: a. All arrests; b. All capias requests; c. Anytime the victim or witness is an out of state resident; d. Anytime that obtaining a statement at a later date would be extremely inconvenient or impractical; e. Anytime a victim or witness has an immediate or fresh recollection of the incident, which if released without obtaining the statement, may jeopardize the accuracy or integrity of statement. IV. ISSUES A. General: 1. Under most circumstances, there should be not more than two officers engaging in the interview. 2. No person should be interviewed for an unreasonable length of time. Regular breaks for the purposes of refreshment will be allowed. The duration of questioning shall be governed by the time of day and severity of the crime under investigation. 3. Officers will also refer to the Enforcement Policy and Procedure "Juvenile Enforcement Considerations" regarding the interviewing of juveniles. ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 4 of 7 B. Custodial Interviews: 1. If while conducting an interview with a potential suspect or defendant in any case, the subject is in a holding facility, holding cell, secured in a vehicle, handcuffed or otherwise not free to leave an officer's presence anytime he/she desires, a Miranda Warning should be read to the individual prior to the statement being taken. NOTE: Ideally, Miranda Warnings should be given while a second officer is present. 2. If Miranda Warnings are not read under these circumstances, the statement may be subject to suppression at the time of trial. However, this does not preclude the possibility that the statement may be admitted as rebuttal testimony in the event the defendant takes the stand and makes a contrary statement. C. Non-Custodial Interviews: 1. When taking a statement from an individual who is not in custody, not being detained by law enforcement, and is free to leave at any time he/she desires, it is not necessary to read the Miranda Warning to the individual. If, during the course of the interview, the individual implicates himself / herself in a crime, the interview should be continued and not interrupted with Miranda. 2. In the event the interview is recorded, directly following the recording's predication, it is recommended that the officer establishes the fact verbally that the individual is free to leave at any time he / she desires, and that the individual does have immediate transportation (state method) from the location of the interview if he / she decides to leave. D. If, at any time during the course of the interview or confession, the suspect desires to consult with an attorney, the interview will cease at that point. E. Miranda Warnings: 1. You have the right to remain silent. 2. Anything you say will be used in court. 3. You have the right to have an attorney present now or at any time during questioning. ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 5 of 7 4. If you cannot afford an attorney, one will be appointed for you without cost. 5. If you talk to me, you have a right to stop answering questions or speak to an attorney at any time. 6. Do you understand these rights? 7. Will you talk to me? V. LOCATIONS OF INTERVIEWS A. The location selected to conduct an interview may mean the difference between receiving a confession, truthful statement, or not receiving a statement at all. Whenever possible, interviews should be conducted in a controlled environment that is free from distractions, noise, or interruptions. B. All interviews should be conducted separate of other witnesses or suspects to ensure the individual's testimony is not influenced by other persons. A recommended location to conduct an interview is the report writing room at the police station (for non-arrestees) or the interview rooms at the Seminole County Correctional Facility. A juvenile who was been taken into custody should be interviewed at the Juvenile Assessment Center. VI. POLICE DEPARTMENT REPORT WRITING ROOM A. Guidelines for Use: 1. All Officers will be authorized to utilize the police department report writing room, subject to availability at the time of need. Additionally, use of the room extends equally to any law enforcement officer who may have a need of the facility, provided a Longwood Police Department officer is present to ensure compliance with the appropriate directives. 2. Longwood officers and law enforcement officers from other jurisdictions utilizing the report writing room will not leave subjects unsupervised in the room. 3. The room is to be kept clean and no paperwork or trash is to be left in the room. 4. The report writing room will not be used to interview suspects, detainees, or prisoners. ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 6 of 7 5. Prisoners will be transported to the Seminole County Correctional Facility directly from the location where they were taken into custody. Any subsequent interviews of the arrestee will be conducted at the correctional facility. VII. ON- CALL INTERPRETING SERVICES A. The Seminole County Sheriff’s Office Communications Division maintains the contact information for sign language and oral interpreting services which are available 24 hours a day and are willing to provide qualified interpreters as needed. The company was chosen after having been screened for the quality and skill of its interpreters and their reliability. Officers are directed to contact the communications center when interpreter services are necessary. VIII. INTERVIEWS OF INDIVIDUALS DIAGNOSED WITH AUTISM OR AN AUTISM SPECTRUM DISORDER A. Officers conducting interviews of victims, suspects or defendants with autism or an autism spectrum disorder will adhere to the guidelines listed below; as directed by Florida State Statute 943.0439. 1. Upon request, the officer will make a good faith effort to ensure a professional, as listed below, is present at all interviews of an individual diagnosed with autism or an autism spectrum disorder. a. A professional, as used in this paragraph, must have experience treating, teaching or assisting patients or clients with the same diagnosis which may include: i. A psychiatrist; ii. A psychologist; iii. A mental health counselor; iv. A special education instructor; v. A clinical social worker; vi. Or a related professional b. This request may be made by the diagnosed individual, his or her parent or guardian. ENFORCEMENT POLICY AND PROCEDURE INTERVIEWS AND WITNESS STATEMENTS EPP – 27 Page 7 of 7 B. All Longwood police officers will receive initial and periodic training, as directed by the chief of police, on this section as established by Florida State Statute 943.0439 and 943.1727.