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E.P.P. 024 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 24 SUBJECT: PRELIMINARY AND FOLLOW UP INVESTIGATIONS EFFECTIVE: APRIL 23, 2001 REVISED: NOVEMBER 1, 2023 ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 1 of 10 I. PURPOSE The purpose of this directive is to provide guidelines to be followed by enforcement personnel as they conduct preliminary and follow-up criminal investigations. II. DEFINITIONS A. Preliminary Investigation: A preliminary investigation begins when an officer becomes aware or is assigned the responsibility of responding to a crime or other call for service and continues until a final disposition is determined; further investigation is postponed without jeopardizing its successful completion; or, due to the nature of the incident, responsibility for the investigation is transferred to another officer without jeopardizing the successful completion of the investigation. B. Follow-up Investigation: A follow-up investigation is a continuation of the preliminary investigation. The purpose of a follow-up investigation is to provide additional information in order to arrest an offender, recover stolen property or inactivate (close) a case if there are no pursuable leads. III. PRELIMINARY INVESTIGATION A. A preliminary investigation is generally conducted by an officer dispatched to a complaint. Preliminary investigations usually include the following: 1. Observing all conditions, events and remarks and taking appropriate notes; ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 2 of 10 2. Providing aid within the limits of training or summoning aid for injured parties; 3. Protecting the crime scene to ensure that evidence is not lost or contaminated; 4. Arranging for the collection of evidence; 5. Determining if an offense has been committed and if so, the exact nature and circumstances of the offense; 6. Furnishing other field units with a description, method and direction of flight, and other relevant information concerning wanted persons or vehicles; 7. Locating and obtaining complete identification of all witnesses; 8. Interviewing all complainants, victims and witnesses to determine what information they know; 9. Interview all suspects, within the guidelines of the Miranda Decision (if applicable), to determine what information is known; 10. Obtaining written statements from all victims and witnesses, if necessary, and from the suspect if such statements can be obtained legally; 11. Accurately and completely reporting all pertinent information; and, 12. Determining the identity of any suspects and making (or assisting with) an arrest if it can be accomplished either at the scene or through immediate pursuit by an officer. B. The initial responding officer should continue his/her investigation until all leads are exhausted. Supplemental reports will be submitted detailing the progress of the investigation unless the case is assigned to another officer or a Criminal Investigator or the case is solved or inactivated. C. An additional (follow-up) investigation may be assigned to another officer (or Criminal Investigator) by the reviewing supervisor. IV. FOLLOW-UP INVESTIGATIVE PROCEDURES (GENERAL) A. Each Investigator initially assigned to a case shall be the designated case investigator for each assigned case. A second investigator may be assigned to a case if deemed necessary by the reviewing supervisor. ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 3 of 10 B. Unless otherwise directed by a reviewing supervisor, all criminal cases will be followed up at least one time in order to ensure that the victim‘s needs have been met, that all facts have been properly recorded and to determine if there is any additional information to aid the investigation. C. Investigators are responsible for contacting victims when new information is developed, for following up leads and gathering information in an attempt to bring the investigation to a successful conclusion. D. It is the responsibility of the investigator to contact each victim as soon as practicable within ten (10) days. Each contact, including any supplemental reports or other information, will be documented in the case file. E. The following investigative steps provide guidelines for conducting a follow-up investigation and will be considered dependant upon the nature of the incident being investigated: 1. Review and analyze all preliminary reports, checking to ensure that the preliminary investigation was thoroughly conducted and the resolution of any problems that may be indicated; 2. Conduct follow-up interview(s) with the officer who initiated the original report and with victims, witnesses, informants and suspects to obtain sworn statements, if appropriate; 3. Collect and review other related reports or agency records that may pertain or have bearing on the case; 4. Search out and follow-up all other possible leads and/or other sources of information; 5. Collect any physical evidence, when discovered, and submit it to the Evidence Section in accordance with the Enforcement Policy and Procedure “Evidence Collection “; 6. Review all collected evidence, laboratory results and crime scene reports; 7. Disseminate related information or intelligence to the patrol unit and, if appropriate, to other law enforcement agencies; 8. Conduct background investigations on victims, witnesses and suspects (to include a check of any suspect’s criminal history); ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 4 of 10 9. Collect information and/or intelligence on suspects and their involvement in other crimes, along with any additional suspects that may be developed; 10. Request, organize and coordinate search and seizure operations; 11. Utilize available case log sheets and case file checklists; NOTE: The Café generated State Attorney’s Office Transmittal Sheet Form will be used on all cases referred for prosecution. 12. Identify and apprehend the suspect(s); 13. Obtain assistance from the State Attorney’s Office liaison attorney on any on-going or potential cases that involve criminals, including bringing to the attention of the State Attorney’s Office the involvement of any habitual criminal; and 14. Preparing cases for court and assisting the prosecuting attorney with the prosecution of said cases. 15. The Longwood Police Department case investigator will inform all alleged sexual offense victims, or, if applicable, the person representing the alleged victim(s), as defined in F.S.S. 943.326, of the purpose of submitting DNA evidence collected by the Longwood Police Department and the right to request forensic testing of DNA evidence collected by members of the Longwood Police Department. V. VICTIM AND WITNESS RIGHTS It shall be the policy of the Longwood Police Department to distribute an informational pamphlet to victims of adult and juvenile offenders at the crime scene during criminal investigation, or in any appropriate manner so that the victims are given the required information at the earliest possible time. This informational pamphlet shall include the following information or direct the victim where to obtain the information. All victim/witness rights information literature is provided by the Eighteenth Judicial Circuit State Attorney’s Office and approved by the Florida Governor’s Office. A. Rights of Victims: 1. The right to due process and to be treated with fairness and respect for your dignity. 2. The right to be free from intimidation, harassment, and abuse. ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 5 of 10 3. The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. However, this is not intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law. 4. The right to have your safety and welfare as well as your family’s considered when setting bail, including setting pretrial release conditions that could affect you or your family’s safety and welfare. 5. The right to prevent the disclosure of information or records that could be used to locate or harass you or your family, or which could disclose your confidential or privileged information. 6. The right to the prompt return of your property when no longer needed as evidence in the case. 7. The right to full and timely restitution in every case and from each convicted offender for all losses you suffered, both directly and indirectly, because of the criminal conduct. 8. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post judgment proceedings. (In appropriate cases, the prosecutor may file a good faith demand for a speedy trial. In non‐capital cases, all state‐level appeals and post‐conviction proceedings must be complete within two years and five years for capital cases, unless the court enters an order with specific findings concerning why the court was unable to do so and the circumstances causing the delay.) 9. The right to be informed of your state constitutional rights, and to be informed that you can seek the advice of an attorney with respect to your rights. 10. The right to employ private counsel. 11. In some cases, victim (or relatives where the victim is deceased) may be eligible for financial compensation from the State of Florida. Information regarding eligibility may be obtained from the State Attorney’s Office, local Witness Coordination Office (where available), law enforcement agency or from the Bureau of Crimes Compensation, Office of the Attorney General ‐ 1‐800‐226‐6667, website: www.myfloridalegal.com/pages.nsf. The right to receive information on available crisis intervention services and local community services to include counseling, shelter, legal assistance, or other types of help, ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 6 of 10 depending on the particular circumstances. Telephone numbers of these services are provided at the end of this brochure. (sec. 960.001(1)(a)1, Florida Statutes) 12. The right to receive information regarding the stages of the criminal justice or juvenile justice processes and the way information about such stages may be obtained. (sec. 960.001(1)(a)4, Florida Statutes) 13. A victim who is incarcerated has the right to be informed and submit written statements at all crucial stages of the criminal and juvenile proceedings. (sec. 960.001(1)(a)6, Florida Statutes) 14. The right to receive information on the steps available to law enforcement and the State Attorney’s Office to protect you from intimidation and/or harassment. It is a third‐degree felony to knowingly use intimidation or physical force; threaten another person or attempt to do so; engage in misleading conduct toward another person; or offer pecuniary benefit or gain to another person. If you are being threatened or intimidated, please contact the appropriate agency or any law enforcement officer. (sec. 960.001(1)(c), Florida Statutes) 15. The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General’s Office. You may contact the Attorney General’s Office at 1‐800‐226‐6667. The State Attorney’s Office may assist with this paperwork if necessary. (sec. 960.001(1)(c), Florida Statutes) 16. The right of each victim, or witness, who has been scheduled to attend a criminal or juvenile justice proceeding to be notified as soon as possible by the agency or person scheduling his/her appearance of any change in scheduling which will affect the victim’s or witness’s appearance. (sec. 960.001(1)(d), Florida Statutes) 17. The right to receive advance notification of judicial and post judicial proceedings relating to the case, including all proceedings or hearings relating to the arrest of the accused and the release of the accused pending judicial proceedings, and any modification of release condition to include release to community control or work release. Also included are proceedings in the prosecution or petition for delinquency of the accused, including the filing of the accusatory instrument; the arraignment; disposition of the accusatory instrument; trial or adjudicatory hearing, sentencing or disposition hearing; appellate review; subsequent modification of sentence; collateral attack of a judgment; and when a term of imprisonment, detention, or involuntary commitment is imposed, the release of the defendant or juvenile ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 7 of 10 offender from such imprisonment, detention or juvenile offender from such imprisonment; detention or commitment by expiration of sentence or parole and any meeting held to consider such release. (sec. 960.001(1)(e), Florida Statutes 18. In addition to the provisions of sec. 921.143, Florida Statutes, the rights of the victim of a felony involving physical or emotional injury or trauma, or in a case in which the victim is a minor child or in a case involving a homicide, the guardian or family of the victim shall be consulted by the State Attorney in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought about as a result of such crime, including their views about the release of the accused pending judicial proceedings, plea agreements, participation in pretrial diversion programs, and sentencing of the accused. 19. The right to request that the State Attorney or law enforcement agency help you explain to employers and creditors that you may face additional burdens by taking time off from work to assist law enforcement and you may undergo serious financial strain either because of the crime or by cooperating with authorities. (sec. 960.001(1)(i), Florida Statutes) 20. Law Enforcement agencies and the State Attorney shall inform you of your right to request and receive restitution and of your rights of enforcement in the event an offender does not pay. The State Attorney shall seek your assistance in the documentation of your losses for the purpose of requesting and receiving restitution. If an order of restitution is converted to a civil lien or civil judgment against the defendant, the Clerk of Court’s office shall make available at their office, as well as on their website, information provided by the Secretary of State, the court, or The Florida Bar on enforcing the civil lien or judgment. The State Attorney shall inform you if and when restitution is ordered. (sec. 960.001(1)(j), Florida Statutes) 21. The right to receive reasonable consideration and assistance from employees of the State Attorney’s Office, Sheriff’s Office, or Police Department. When requested, you will be assisted in locating accessible transportation and parking and shall be directed to separate pretrial waiting areas when such facilities are available. When requested, you shall receive assistance in attempting to locate translators when practicable. (sec. 960.001(1)(n), Florida Statutes) 22. The right of the victim of a sexual offense to have the courtroom cleared, with certain exceptions during his or her testimony, regardless of the victim’s age or mental capacity. (sec. 960.001(q), Florida Statutes) ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 8 of 10 23. The right to request, in certain circumstances that the offender be required to attend a different school than the victim or siblings of the victim. If the victim of an offense committed by a juvenile is a minor, the victim or any sibling of the victim attends or is eligible to attend the same school as that of the offender, the Department of Juvenile Justice or the Department of Corrections shall notify the victim’s parent or legal guardian of the right to attend the sentencing or disposition of the offender and request that the offender be required to attend a different school. (sec. 960.001(1)(s), Florida Statutes) 24. The right of the victim who is not incarcerated to not be required to attend discovery depositions in any correctional facility. (sec. 960.001(6), Florida Statutes) 25. The statutory obligation of the victim, parent/guardian of a minor victim, or next of kin of a homicide victim, that any information gained pursuant to Chapter 960, Florida Statutes, regarding any case handled in juvenile court, must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies. (sec. 960.001(8), Florida Statutes) 26. The right to know in certain cases and at the earliest possible opportunity, if the person charged with an offense has tested positive for hepatitis and human immunodeficiency virus (HIV) infection. In such cases, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the charging document is filed or 48 hours from the date of request. (Section 960.003, Florida Statutes) 27. The right of a victim of a sexual offense to request the presence of a victim advocate during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination. (sec. 960.001(1)(u), Florida Statutes) 28. If a victim has been diagnosed with autism or an autism spectrum disorder, he or she or the parent or guardian, has the right to request that a public safety official make a good faith effort to ensure that a related professional, such as a mental health counselor, special education instructor or clinical social worker be present for all interviews of the individual. All expenses related to the attendance of the professional at the interviews are the responsibility of the requesting victim, parent or guardian; however, the defendant shall reimburse the victim for all expenses related to the attendance of the professional at the interviews, in addition to restitution and penalties provided by law. (sec. 943.0439, Florida Statutes) ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 9 of 10 29. The right of a victim, if contacted, to obtain information relating to a criminal proceeding by an attorney, investigator, or any other agent acting on behalf of the criminal defendant, to be informed of (1) the person’s name and employer and (2) the fact that such person is acting on behalf of the defendant. (sec. 960.001(1)(v), Florida Statutes) B. Rights of Victims Upon Request: 1. The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, even if you will be a witness at the proceeding, notwithstanding any rule to the contrary. (For this purpose, consider providing the prosecutor an address, an email address, or a telephone number at which you can be reached quickly, and update this information during the pendency of your case.) You shall also be provided reasonable, accurate, and timely notice of any release or escape of the defendant or delinquent, and any proceeding during which a right of yours is implicated. 2. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of yours is implicated. 3. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case. 4. The right to provide information regarding the impact of the offender’s conduct on you and your family to the individual responsible for conducting any presentence investigation or compiling any presentence investigation report, and to have any such information considered in any sentencing recommendations submitted to the court. 5. The right to receive a copy of any presentence report, and any other report or record relevant to the exercise of a victim’s right, except for such portions made confidential or exempt by law. 6. The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody. 7. The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information ENFORCEMENT POLICY AND PROCEDURE PRELIMINARY AND FOLLOW UP INVESTIGATIONS EPP – 24 Page 10 of 10 to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole or early release authority shall extend the right to be heard to any person harmed by the offender. 8. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender. C. Victim’s Rights Notification Florida State Statue 960.001 requires that county detention facilities notify victims of certain offenses that request to be notified, upon release of defendant or offenders from detention in a timely manner by telephone or written correspondence. 1. Officers will ensure that Victim Notification forms are filled and turned to correctional facility staff with the arrest report when the defendant or offender is brought to the correctional facility. The Victim Notification form must include the following: a) The name, address, and phone number of the victim; or b) The name, address, and phone number of the appropriate next of kin of the victim; or c) The name, address, and phone number of a designated contact other than the victim or appropriate next d) of kin of the victim; and e) Any relevant identification or case numbers assigned to the case