24. Practical Homicide Investigation: Supervision and Management of the Homicide Investigation

The purpose of this chapter is to provide the homicide supervisor with practical and specific considerations for formulating management objectives in the investigation of homicide. Practically speaking, the administrative policies and procedures employed by police agencies are usually determined on a jurisdiction-to-jurisdiction basis. Therefore, I cannot and will not attempt to present an all-inclusive management technique applicable to all law enforcement agencies. However, it should be noted that certain basic principles of homicide investigation, along with interagency responsibility, can be proceduralized into police department guidelines that contribute to the proper and intelligent handling of murder cases.

Management Policy

Two basic principles of homicide investigation are documentation and preservation. In order to ensure that these principles are accomplished, there must be an established management policy that gives direction to the investigative unit. Management is necessary to assure that the preliminary investigation and initial actions taken at the scene, as well as the total investigative effort, have been properly documented and that any evidence recovered has been properly handled and preserved.

The effective and professional investigation of homicide is the responsibility of the entire police organization and not just the individual investigator assigned to the case. Hence, efficient coordination of activities and procedures critical to the processing of the case is needed. Some of these activities are the collection of evidence, procedural tactics, duties of patrol officers at the scene, preparation of official forms and required reports, overtime allowance, case-officer responsibility, confidential informant funds, allocation of police department equipment, supervisor's duties, and notifications. These activities must be properly managed in order to bring the entire organization into play to effect the successful conclusion of the case.

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However, the intelligent management of homicide investigations must provide for flexibility and common sense. Therefore, any system implemented to direct and manage murder cases should be realistic and allow for policy variations at the point of execution.

All members of the police department can contribute to the process of crime solving. Whether it is the operator in the communication division who initially takes the call and elicits additional information from the person reporting the crime or the officer in the patrol car who responds to the scene and detains a key witness or suspect, the fact remains that patrol officers and investigators must be willing to work together toward a common goal — solving the homicide.

Therefore, the duties of detectives and the activities of patrol officers must be integrated to complement one another, and the management policy should stress the principle of teamwork.

Police Department Policy

Each police department must establish guidelines and procedures that will allow the organization to function efficiently within its jurisdictional purview. Homicide investigations, however, present additional management considerations because two distinctively unique operational divisions are involved. For example, the investigation of homicide is usually initiated by the patrol division, which operates under patrol guidelines. The patrol division, in turn, notifies the investigative division, which operates under investigative guidelines. Upon their arrival, investigators assume responsibility of the case and take over the investigation from patrol officers, possibly directing uniformed officers and additional police units at the scene, as required by the investigation.

Police department policy must provide for the efficient coordination of these various units by the investigator assigned to the case or the detective supervisor, if present, in order to maintain control over the homicide investigation.

In addition, any policy established by the police department must meet the legal requirements of, and be compatible with, the responsibilities of other agencies. For example, the offices of the district attorney, state's attorney, or solicitor have a specific responsibility for the ultimate prosecution of the case, and the medical examiner's or coroner's office has the legal responsibility for determination of the cause of death. Because each of these organizations is required by law to conduct independent investigations into the facts and circumstances of death, police department policy will need to make a provision for mutual cooperation and exchange of information.

Criminal Investigation Management

The structure of the department and how it is organized to perform investigative functions include selection and training of personnel for investigative assignment, management of investigative personnel, and the designated units responsible for conducting criminal investigations.

Specialization, Generalization, or Rotation

How are members selected for assignment to investigations?

Is someone within the police department's hierarchy trying to create some sort of "rainbow coalition" that fails to recognize the need for qualified personnel without regard to sex, race, creed, or color? This is unacceptable in staffing a professional homicide unit.

What type and quality of training are afforded the members?

Is the training level provided to members sufficient for the assignment or does the department allow the new investigator simply to feel his or her way around the assignment? Are outside sources utilized for more advanced in-service training? Are members encouraged to attend training sessions within and outside the agency? Are specialization, generalization, or rotation assignments utilized?

In my opinion, specialization for homicide assignment is the ideal situation if the agency can justify specialists for the workload. Even in agencies where the workload is not sufficient for full-time homicide specialists, a select few are generally chosen to investigate the homicide cases. Medical professionals specialize due to the enormous amount of knowledge and information required to practice specific medical techniques. Likewise, in homicide investigation, where the practitioner is required to be knowledgeable in law enforcement, medicolegal procedures and wound structures, human behavior, evidence collection and preservation, interview and interrogation techniques, crime scene processing, management of resources, photography, court testimony, interagency cooperation, and a number of other more subtle considerations, one can readily understand the need for specialization and continuing education in this type of assignment.

Generalization is certainly acceptable for smaller departments that do not have a substantial caseload. However, specialized training in homicide investigation should be implemented within the investigative division to assure that members are provided with the necessary skills to perform their inquiries.

Detective rotation is the process in which patrol officers are brought into an investigative unit and advised at the time of their assignment to this position that they will be rotated from that assignment back to patrol after a specified period (usually 2 years).

Detective rotation was first introduced as a process to augment the capabilities of investigative divisions by providing cross training to all members of the department. The premise was that there would be a cadre of potential investigative resources to replace detectives who were promoted or soon to be retired. The engineers of this counterproductive subterfuge tried to justify their attack on traditional detective operations by stating that they were creating opportunities for patrol officers to expand their careers. These officials conveniently disregarded the careers of veteran and seasoned detectives, who had dedicated their lives to the investigative career path. Rotation undermined the investigative strength of experience and knowledge which, evidently, was a threat to certain police administrators. It soon became apparent that rotation was blatantly punitive because these administrators used rotation as an excuse to remove senior detectives and reassign them back to patrol. The folks responsible for this debacle are police officials with personal agendas who absolutely have no understanding or appreciation of the investigative mission. They continue to be outspoken critics of the detective concept. These liberal police administrators, whom I refer to as "the police intelligentsia," are folks such as Patrick Murphy, Lee Brown, Joseph McNamara, and a host of other alleged experts. Interestingly, none of them has ever been qualified as, promoted to, or performed as a detective.

In fact, it was Patrick Murphy who was the catalyst behind the infamous Rand study of the 1980s. The study was designed to show how patrol could perform the investigative functions, thereby eliminating the need for a large investigative division. The Rand study was a failure then and rotation is a failure now.

Originally, the rotation concept was designed for the hotel industry. It is a service industry concept that provides for the cross training of employees. Rotation allows for the effective staffing by hotel management in day-to-day operations. Employees in various capacities are trained to assume different positions to allow for uninterrupted and continuous service.

Criminal investigation is not a service industry. It is an essential and highly specialized function. Practically speaking, it takes at least 1 year for an officer to become somewhat familiar with investigation procedures and approximately 2 years before the officer effectively contributes to the operation.

Criminal investigation requires specialized skills and training. In addition to operating special pieces of equipment proficiently, the detectives are required to learn effective interview and interrogation techniques, crime scene processing, evidence handling, report writing, and documentation as well as proper court presentation of findings.

Needless to say, periodically transferring these experienced investigators back to patrol not only is demoralizing to the members of the agency but also is counterproductive to the professional investigative process. Time and experience are the best resources for the continuing education necessary in developing a proficient investigator.

The skills that are eventually developed by an investigator need to be constantly applied in order for the agency to benefit from permanent assignment. For instance, sending a member to an interview and interrogation school and then not having that member utilize and practice the learned skills is not cost effective. Rotation does not allow for career growth and actually frustrates professional ambition. Officers who are to be rotated out become disheartened and do not want to leave their investigative assignment. Another point: "Why bother to learn all of this information if I'm going to be leaving soon?" They feel they are being demoted. It does not matter that their performance was superior while they were assigned to investigations because now it is time to be rotated. Eventually, they will lose any skills they developed because, when they go back to patrol, they do not get an opportunity to use them.

From an administrative perspective, I would be concerned about the costs of training newly assigned officers only to have to retrain their replacements. This certainly is not cost effective. More importantly, the community, which depends upon their police department to solve crime, is done a disservice. Officers who are transferred out of investigative assignment leave behind active cases. This creates additional work because the newly assigned investigator must become familiar with someone else's case and introduce himself or herself to the original complainants, reinterview people, and attempt to pick up where his or her predecessor left off. Not only are investigations disrupted but also the cases often remain unresolved.

It is interesting to note that most of the police chiefs who support detective rotation are somehow associated with the "police intelligentsia" club. This small cadre of chiefs of police obtain appointments in various cities across the United States. They flit from jurisdiction to jurisdiction, like butterflies, as they attempt to lengthen their respective resumes and "pollinate" their agendas into several departments. The appointments are usually based on recommendations from their mentors.

Traditionally, the detective division poses their greatest threat. When these newly appointed chiefs come into the department with their community policing, rotation, and decentralization agendas, the detective division presents the most compelling and logical arguments against these concepts. Detectives have a wealth of information about people, systems, and politics. Ultimately, the detective function exposes these administrators for the phonies they are as they flit off for the next target.

If there ever were an argument against detective rotation, Boulder City, Colorado, certainly has made a compelling case in its handling of the Jon Benet Ramsey investigation. Chief Kolby, who stated on national television that his claim to fame, ironically, was being "Lee Brown–trained," is a staunch proponent of rotation. In fact, he mandated that every 2 years, Boulder police personnel assigned to investigations were to be routinely transferred back to patrol. Furthermore, the city of Boulder did not have a full-time crime scene technician within the police department. This case remains unresolved. Needless to say, rotation did not work.

I have 40 years of practical police experience. Most of my career was spent in investigative assignment as a supervisor and commander of investigations, specifically homicide. I have investigated, supervised, and consulted on over 8000 death investigations. Every case that I consult on or review provides me with new insight into criminal investigation — and I am still learning. Based on my experience and these professional affiliations, I can state unequivocally: "Agencies that have rotated their personnel or decentralized their homicide units have lost their most valuable commodities: experience, knowledge, and continuity."

Many major case investigations are successfully completed by a combination of brainstorming, intuition, and educated guesswork. The expertise developed by detectives is based upon extensive experience in the field and a familiarity with a large number of cases. Experienced detectives, who have recognized a particular modus operandi from a case in the past or a perpetrator's distinctive signature, have solved innumerable cases. This experience, coupled with knowledge and continuity within the detective division, assures successful investigations and that crimes will be solved and consequently instills the confidence of the community in its police.

As a former police commander, I feel that it is the responsibility of the commanding officer of detectives to assure that only the most qualified and experienced detectives perform within the investigative unit. In order for personnel to attain this level of expertise, they must have years and years of practical experience coupled with formal education, training schools, and seminars. It is a very fine blend of theory and practice that enables investigators to function as professionals.

All efforts must be made to assure the community that the police can protect them and that crime will be solved. In order to accomplish this, chiefs of police should require an efficient and effective investigative division within their departments. Most police chiefs realize the need for an experienced detective division and support this concept. Most states attorneys want experienced detectives to have investigated the case to assure that the evidence presented in court is competent and relevant and has been properly retrieved. The prosecutors rely on detectives whose credibility with a jury is enhanced with an accomplished and extensive background. The only folks who seem to be at odds with common sense and logic are the "police intelligentsia," who obviously have a different agenda.

What is the primary mission of a department's investigative division? Is it the identification and apprehension of the offender and solving the crime or is it rotating police personnel to create career opportunities for patrol officers? You be the judge.

How are supervisors selected for investigative assignment?

Are qualified members from within the department's investigative units selected for assignment as supervisors or commanding officers within detective commands or does the policy of your department erroneously dictate that when an investigator is promoted, he or she must first go back to a uniform assignment for some sort of "cleansing"? This policy has also proven to be a failure that has adversely affected the overall success of the investigation sections.

The inexperienced supervisor fails to delegate routine matters properly and involves himself or herself in operations rather than in the supervision of operations. Time and time again, I have observed the transfers of Internal Affairs or Office of Professional Standards types assigned to command investigative units. Obviously, such assignments have been designed to enhance their careers, but usually prove to be disastrous. In reality, these types of personalities are anal retentive and ill equipped to deal with the unpredictable nature of investigations work and cannot properly supervise detectives. They have difficulty making critical decisions and a tendency to micromanage operations. They do not have an understanding of the mission of the homicide investigator and are often too arrogant to ask anyone for advice.

Their usual response as to whether they are capable to run a homicide squad is, "Our department provides training to allow us to go into any assignment just as in corporate America." Ironically, they would not last 5 minutes in corporate America because they would be judged by the bottom line, or the ultimate results of their supervision. However, the "Peter principle" is alive and well in the civil service world. Not only can their incompetence be rewarded and careers flourish, but also they still manage to get paid every 2 weeks because they are on an unofficial form of welfare, which is the government's "dime."

Case management relates directly to the processes involved in monitoring the progress of an investigation. This begins with the initial report or officer-initiated police action and continues through all phases of the investigation until the case is closed.

What administrative procedures have been implemented to provide for the proper documentation of the case and preservation of evidence?

The official police report and the major case folder are extremely important instruments. The documentation of events as well as the official police response to the investigation forms the basis for the prosecution. The path from arrest to conviction is fraught with technical and legal booby traps. Hence, intelligent case management, which takes into account the reality of discovery vs. documentation, is needed.

Investigatively speaking, proper case management should require pertinent official documentation of the facts of the case and not police administrative matters, i.e., supervisory reviews, case recommendations, meal times, travel to and from, roll call assignments, and DARs (daily activity reports). This type of information does not belong in the major case folder. However, rest assured, some individual who has never been involved in a major case criminal trial or investigation will attempt to "enhance" the operation with some administrative obstacle.

My advice is to assure him that he will be receiving a subpoena later requiring him to testify in court if his procedure is implemented. That should be sufficient to correct the situation.

Major Pitfalls to Practical Homicide Case Management

1. Inappropriate departmental policy and/or procedures regarding investigative strategies. These are usually based upon bureaucratic, political, and/or personal considerations not related to the primary objective, which should be solving the case.

2. Inappropriate interference by high-ranking officials. Police commissioners, chiefs of police, sheriffs, majors, and/or colonels are supposed to be police administrators, not detectives or squad commanders. The immediate mission of the detective supervisor is to provide coordination to investigative personnel. High-ranking officials are supposed to communicate their orders and directions through the squad commander. This is referred to as the chain of command, and it is necessary to maintain order and responsibility. Therefore, high-ranking officials should not be communicating orders directly to officers and definitely should not be involved in operational processes such as interrogating suspects and other tactical procedures best left to the detectives. Too many times, I have seen chiefs of police and others in command positions interfere in an investigation by interjecting themselves or their opinions into an investigation.

3. Interagency rivalry. Practically speaking, a working relationship must be established among police, prosecutors, and medical examiners/coroners based upon cooperation, trust, and respect. The police and the prosecution should complement one another, and both should feel at ease in giving and receiving advice from each other during the investigation.

There is no room for interagency rivalry in professional homicide investigation. Law enforcement agencies with dual responsibility for the investigation of sudden and unexplained deaths must reach an accord as to ultimate case responsibility among the state, county, and local jurisdictions involved.

The best way to accomplish this cooperative venture is through continued personal contact and understanding of each other's roles and duties. Each of these three official agencies of inquiry has specific responsibilities and duties that may at times overlap. This overlap is where a misunderstanding can sometimes take place, especially in the more sensational murder cases where there is an inordinate amount of pressure, with requests for day-to-day progress reports coupled with requests by the news media for a story.

Professionally speaking, the duties of each agency involved in the investigation of homicide will be determined by tradition and by law. However, policies should be instituted within each organization that transcend individual positions and address the common goal or objective. Courtesy and tact are always helpful in interagency dealings. Basically, the duties of each agency are as follows:

1. The ultimate responsibility for the investigation of crime rests with the law enforcement agency. The chief law enforcement official within any community is the chief of police, the sheriff, or the police commissioner and his or her designated representatives.

2. The district attorney, state's attorney, or solicitor, in turn, is responsible for the ultimate prosecution of the crime and should be kept aware of all developments of the police investigations. He or she is responsible for all legal investigative operations such as search warrants, arrest warrants, and grand jury presentations.

3. The medical examiner/coroner is responsible for the determination of cause, manner, and mode of death and should be apprised of all developments of the police investigation.

Practically speaking, a little flexibility and common sense by the representatives of each of these agencies will ultimately benefit all concerned and eliminate any misunderstanding.

Procedures for Effective Management and Supervision of Homicide Investigation

The management and supervision of the homicide investigation can be separated into five specific segments listed below. The case preparation for court and prosecution and any subsequent case analysis are separate prosecutorial and administrative functions, which do not apply to the following practical homicide investigation supervision techniques. The first three segments are presented as a checklist, and the remaining segments follow the list in an expanded form.

1. Supervising the preliminary investigation at the scene

2. Directing specific investigative duties

3. Supervising the homicide crime scene search

4. Providing for the effective documentation of events

5. Conducting the investigative conference

Supervisor's Homicide Checklist

Supervising the Preliminary Investigation at the Scene

Initial receipt of information. It is imperative that the supervisor, upon being notified that detectives are requested to respond to a possible homicide, record the following information: Date and time received

How initial report was received

Name of person making report (this includes police officers) Complete details

At this point, the homicide supervisor responds directly with investigators in their unit or responds in his or her unit. I recommend that the supervisor take his or her unit to the scene.

Assign a member to maintain communications within the command. This member's responsibility will be to make follow-up notifications, record checks and requests for special services, as well as take requests from the command post at the crime scene. This assignment becomes critical in major case investigations when overhead commands attempt to assess the investigation.

Duties upon arrival at the scene:

Record the exact time of arrival.

Record the exact address.

Record police units present.

Confer with detectives at the scene. Ascertain that an investigator is assigned to the case. If an investigator has not been officially assigned as case officer, do so immediately.

Confer with uniform supervisor and establish cooperation.

Confer with first officer — obtain a quick briefing.

Make a visual inspection of the crime scene and victim. Have the first officer or detective escort you in order to get a feel for the case and establish perimeters.

Solicit any opinions and/or theories from police personnel at the scene. Evaluate these with your observations.

Determine any investigative needs — make assignments as necessary. Establish your authority by providing any manpower and equipment.

Implement an assignment sheet. Record assignments and know who is performing which assignment to assist in the coordination effort.

The supervisor's notebook becomes a log detailing exactly who has which assignment. This enables the supervisor to assign members properly and record exactly what has transpired at the crime scene. As members report back, the supervisor jots down a brief paragraph detailing their activities. Later, this notebook can be used to conduct the investigative critique and designate responsibility for the subsequent written reports.

Initiate an investigative canvass. The investigative canvass is simply a doorto-door inquiry or roadblock operation in order to obtain information and/or locate witnesses.

The supervisor should assign a sufficient number of officers to effectively cover the area to be canvassed. I recommend assigning a supervisor to coordinate the canvass and instructing members to use canvass questionnaires and canvass control sheets for effective follow-up surveys.

Victim removal to hospital. If the victim has been removed to a hospital, assign a patrol unit or detective to respond to the hospital to assure proper evidence-collection procedures (re: clothing, ID papers, etc.) are undertaken.

In addition, there may be an opportunity to obtain a dying declaration.

Transmittal of alarms. Ascertain what alarms have been transmitted. Review alarms for appropriate information and consider updating them based on information developed at the scene.

Dissemination of information. Provide for the dissemination of information to all units and personnel involved in the investigation. Keep the command post and investigators informed of all relative and current information as it becomes available.

Handling curious onlookers. Utilize patrol officers to maintain police lines and instruct detectives to use courtesy and tact in dealing with people at the scene.

Assign members in street clothes to "work the crowd" to obtain any overheard information and direct bilingual officers to mingle with bystanders, etc. (depending upon circumstances).

Direct that photos be taken of the crowd.

Interview of ambulance personnel. Direct that ambulance or EMS personnel be interviewed if they arrived before police relative to their activities at the scene as well as any persons they may have seen or things they may have overheard.

Directing Specific Investigative Duties

The suspect is in custody.

Establish the probable cause for arrest.

Determine the scope of the preliminary investigation.

Ascertain the location of any evidence.

Advise detectives to instruct patrol officers to document their observations (re: any overheard comments, statements, and any information provided by informants and/or witnesses).

Interview and interrogate the suspect in custody.

Direct investigators to document their Miranda warnings.

If the suspect is cooperative, have detectives take a preliminary statement at the scene, which can be used to assist in the recovery of any evidence, etc.

Formal interrogation is best undertaken at the station house.

Direct that no one interfere with an investigator who is in the process of taking a statement from a suspect.

The cardinal rule of interrogation: Never intrude on an interview of a suspect. This includes supervisors.

Examination of a suspect for evidence.

Advise investigators to document by photography and sketch any scratches, bruises, injuries, etc., observed on the suspect.

Advise transporting officers to be aware of evidential considerations. (Do not allow the suspect to wash.)

Dying declarations. Anytime you have a seriously injured victim, an effort should be made to obtain a dying declaration.

Direct investigators to respond to the hospital, obtain a witness if possible, and attempt to obtain a statement from the injured victim.

Actually, the exact sequence of questions has no set guidelines. Basically, you want to establish that the victim is competent, lucid, and does believe that he or she is about to die.

Evaluation of a suspect's demeanor and/or mental capacity.

Direct detectives to document the suspect's demeanor and/or mental capacity from the time of arrest to arraignment. This procedure is necessary to prepare against a possible diminished capacity defense.

Supervising Homicide Crime Scene Search

Supervision of the investigation conducted at the scene is a separate and distinct function. Ideally, a crime scene investigator or an evidence technician should be assigned to conduct the search. I recommend that departments select and train a sufficient number of investigators for this extremely important function.

People have come to expect that evidence of a crime will be found and retrieved by police investigators at the scenes of crimes. The CSI effect, along with other television productions, has created the perception that evidence is always found at crime scenes. This may not be true in all instances. Often agencies do not put enough emphasis on this phase of the investigation, opting instead for something less time consuming, e.g., a confession. Make sure you do a proper search.

The purpose of the crime scene search is to obtain evidence. The function of the supervisor is to document and preserve the event. Practically speaking, if there is any possibility that any evidence you are about to seize for use in a homicide prosecution requires a search warrant, it is your job as the supervisor to assure that this warrant is obtained. Supervisors should also be aware of the warrant exceptions: emergency, plain view, consent, and search of persons after arrest.

Practically speaking, any method of search can be used, depending on the size, location, and complexity of the scene, as long as the search is systematic and complete.

The scope of the search is usually determined by a theory or hypothesis arrived at by the detective supervisor and investigators based upon their initial observations of the scene. This theory, which is provisional, is based upon simple assumptions of how and why the homicide occurred.

Remember: Anything and everything can be evidence.

The primary responsibility is the isolation and protection of the crime scene. The objective is to establish the corpus delicti and the identity of the criminal.

Preliminary steps:

Upon arrival, ascertain boundaries. Do not move blindly into an area (confer before moving).

Decide how to approach the crime scene and paths of entry and exit

(confer with first officer, etc.).

Use the initial survey (escort by first officer) to develop a mental image. Ascertain whether any fragile evidence is present (assure collection).

Prior to any crime scene search, direct that photographs and crime scene sketches be made.

The supervisory hypothesis. The supervisory hypothesis is as follows. You ask yourself what happened. You keep an open mind; do not be influenced by the original report, the police call, or initial statements. Note all the information. Make your determination based upon the total information available. Was the death caused by homicide, suicide, accident, or natural causes? The answer to this question is based upon the facts, crime scene, statements, and physical evidence supporting this explanation.

Remember: Things are not always as they appear to be. Do not be afraid to change your mind. Any hypothesis is only provisional at best.

Examination of the body at the scene:

Direct that all photographs and sketches be completed before examining the body.

Direct that a complete description of the body as well as clothing be obtained.

Portions of the body which were not accessible prior to the photos can now be examined and photographed.

Direct a complete examination of the body, note wounds, and direct that this information be recorded.

Release of the body. This decision is critical. Once the body is released from the scene, no additional procedures can be undertaken — i.e., photos, etc.

Direct that the body be wrapped in a clean white sheet before being placed in a body bag.

Examining an outdoor crime scene. Direct the following:

Rope off the largest area.

Establish a path of entry and exit.

Conduct examination as soon as possible (before losing daylight or experiencing weather changes).

Direct that the surrounding area be searched.

If weather changes suddenly — order that evidence be collected immediately.

Examining an outdoor scene at night. Under ordinary circumstances, an outdoor scene should not be searched during nighttime hours — this is common sense. Direct the following:

Safeguard and secure the area.

Direct that photographs be taken before body is moved.

Safeguard the body against additional damage in transport.

The search should be postponed until daylight because it is utterly impossible to discover or detect minute traces of evidence under nighttime conditions. Weather changes the rule. Under no circumstances should the crime scene and/or body be left unguarded and unprotected until daylight hours. Assign sufficient coverage for the purposes of "chain of custody."

Release of the crime scene. This decision is also critical. Practically speaking, the authorities should hold onto the scene as long as possible. There may be a need for additional photos or information may reveal the need to collect additional materials, an additional search may be necessary, etc.

Before releasing the crime scene, consider: a good defense attorney will visit the crime scene to judge the extent of the police investigation. He or she will be alert to areas that were or were not processed.

Recommended procedure:

Direct that all materials used to process the scene be placed in a receptacle that can be taken from the scene when the police leave.

Direct members to make sure that all police equipment has been secured and removed from the premises before release.

Providing for the Effective Documentation of Events

Case Management

Practically speaking, case management is the official documentation of events and should be an extension of good investigative techniques. Investigatively speaking, the most perturbing problem in relation to management is that all too often the "designers" of case management have no conception of what constitutes the proper and intelligent documentation of a criminal investigation. It is quite apparent to the experienced detective and supervisor that these designers have never investigated a case in their careers and certainly never have had to testify in court. Otherwise, they would not perpetrate some of the nonsense I have seen mandated

Figure 24.1 THE AUTHOR TAKES NOTES WHILE HE IS BRIEFED BY ONE OF HIS DETECTIVES AT THE SCENE OF A DRUG-RELATED MULTIPLE HOMICIDE IN THE

SOUTH BRONX. Detective First Grade Andrew Lugo (now retired) from Bronx Homicide is pointing out the rear of the location from which shots were heard by a possible witness. This briefing will determine the focus of the subsequent neighborhood canvass. Throughout the early stages of a homicide investigation, the supervisor engages in a number of these on-scene briefings from the detectives working the case in order to assess and manage the investigation properly. (Courtesy of New York Daily News. Photographer: John Pedin.)

in various investigative units. Some tips on the intelligent documentation process in a criminal investigation follow.

Documentation

Note Taking. Practically speaking, no one, no matter how many homicides he or she has investigated, can know for sure at the beginning just which witness, suspect, feature, or piece of physical or trace evidence will be important. Therefore, note taking is of the utmost importance in homicide investigations. The investigator's notebook will eventually accumulate vast amounts of information, which may later be instrumental in proving or disproving a specific point or fact in question.

Because note taking is essential to any good homicide investigation, it is imperative that investigative notes be comprehensive, accurate, and reflective of a proper chronological time frame. In fact, on each separate notation, the investigator should record the time and date of the event. These notes must be preserved for later review and/or admission into evidence.

Official Reports. The official police report is the tool used by the criminal investigator to document the findings of his investigative actions. It is the principal source used by the courts, the defense, the district attorney's office, and the police department to evaluate the thoroughness of an investigation and the ability of the reporting detective. A thorough field investigation, accompanied by an accurate and readable report, reflects professionalism and underlies success. A good report starts with an organized approach to the investigation. A new steno pad should be used for each homicide case, and the information available at the start of the homicide investigation should be immediately recorded. Three basic steps are involved: (1) collecting the information, (2) collating the information and organizing the notes, and (3) writing the report.

1. Collecting the information. A good report requires a good field investigation. No amount of rhetoric or literary expertise can disguise the fact that an investigator has failed to conduct a thorough investigation. In fact, even a good investigation may look haphazard if the report is not properly prepared or written. The investigator should

a. Gather and record as much information as possible while conducting theinvestigation, e.g., time of initial report, who notified you, condition of the body when you arrived, who was present.

b. Record the facts in a clear and logical order. Remember that your notesare subject to subpoena during trial; therefore, you should be able to read and interpret them at a later date.

c. When collecting the information, make a clear distinction among hearsay,opinions, and facts.

d. Keep your notes on file with the case folder. If you are transferred orotherwise unavailable, the detective assigned to your case will be aware of your investigative efforts.

2. Collating the information and organizing the notes

a. Review completely the information obtained during the investigation,including any information obtained by other investigators at the scene, such as interviews, names, and canvass results. The value of this procedure is twofold:

1. It enables the investigator to prepare a better report.

2. It highlights future steps that may be required in the investigation.

b. All the information gathered during the investigation cannot possiblybe put in the report, so the detective must decide what is appropriate and needs to be included. The official report must be a complete and true account of what has transpired, whether favorable or not to the suspect, victim, or witness. Hence, the investigator should attempt to include all the facts necessary to present a candid account to the reader.

c. Organize the material in a logical order so that it can be understood byanyone who reads it.

d. Include all the investigative steps that were taken with their results, pos-itive and negative.

COMPLAINT: Homicide METHOD: gun DATE: 6/22/06

VICTIM: Mary Smith F/B/18 HOMICIDE: 6/22/2006

SUBJECT: Response to the scene

1. On the above date at 2205 hours, the undersigned officer was informed by Police Officer Moffett 48th Pct. that there was a homicide at 637 Jefferson Place. 4th floor landing.

2. Lieutenant Commander Geberth and Detective Lugo 7th Homicide Zone responded and arrived at 2215 hours.

3. The deceased identified as Mary Smith F/B/18 yrs. old, address 1392 Crotona Park No. Apt. 6D Tel#998-0000 was lying face up on the 4th floor landing, dressed in brown coat, blue sweater, blue shirt, gray pants, rust-colored boots, and a type of blue kerchief on her head. It appeared that she was shot in the right chest area.

4. Attendant O'Grady #1721 Jacobi Hospital Ambulance #237 pronounced the victim DOA at 2230 hours.

5. The deceased's cousin Sarah Brown 1679 Franklin Avenue Apt. 3B Tel#783-0000 was present and identified the body.

Figure 24.2 THE RESPONSE REPORT.

e. Occasionally, it helps to compose a rough draft on scrap paper first, in order to get an idea how the finished report will look and read.

3. Writing the report. If you have collected and organized your material as discussed, the actual writing of the report is relatively simple. a. The information must be accurate and complete.

b. The language should be clear and concise.

c. The entire report should be as brief as possible, yet still contain thenecessary information.

Figure 24.2 is an example of an official report referred to as a "response report." This report is required by the New York City Police Department's Detective Bureau to show receipt of the homicide investigation.

The structure and process of homicide report writing are flexible and usually vary with the length of the investigation and the number of investigators involved. If, for example, the perpetrator has been arrested on the scene or shortly after the commission of the crime or discovery of the body, the assigned detective will be able to assemble all the facts from his notes and type them into a unified, complete, and well-structured report. Usually, this can be accomplished shortly after the initial chaos that is characteristic at homicide crime scenes. In these cases, the report serves primarily as a record of details of the crime, the subsequent investigation, and the apprehension. Normally, such rapidly cleared cases present no major problems; however, the investigator must be careful that he does not leave out any significant facts or treat the report too lightly.

On the other hand, in a large-scale continuing investigation involving a relatively large number of investigators, reports must be filed on a daily basis to expedite the indexing of the vast amount of information being gathered, thereby making the information available to the various investigators when needed. Some of the investigators may be from different units. This varied mass of reports can create a problem in terms of format, structure, and readability of the whole report when finally collated. The prosecutor, and possibly some other investigator who may be assigned to the investigation at some future time, will have to decipher these reports (which are, in effect, reports of numerous separate investigations into distinct phases of the case) and be able to relate them to the entire case.

In order to clarify these voluminous reports and provide for uniformity, the report filed for each new facet of an investigation should begin with an assignment paragraph, which sets forth:

1. The date and time of the assignment

2. The rank, name, shield number (if any), and the command of the person who made the assignment

3. Full details as to the source and nature of the lead, if there is such

4. The objective of the investigation — whether it arises in the normal course of investigative routine or because of the particular needs of the investigation

Without these explanatory "pegs," a long report can possibly degenerate into a meaningless mass of disjointed interviews. An example of a proper format is Figure 24.3.

The report will now continue with the results of the investigation in chronological order, until that particular avenue of inquiry is exhausted or abandoned due to more pressing priorities. When the investigation of one lead produces another, the report of the investigation should continue in a chronological fashion. If, for some reason, abandoned lines of inquiry are resumed in the future, the assignment paragraph should clearly reflect that fact and refer to the earlier reports. Each new line of inquiry or new phase of an investigation should begin on a new page. This will ease the grouping of similar leads and investigative processes so that the final report will have a logical arrangement.

ASSIGNMENT: At 2115 hours, Thursday, August 18, 2006, the undersigned and Detective Andrew Lugo were assigned by Lieutenant Commander Geberth, Bronx Homicide Squad, to investigate a lead that was received by P. O. Henion, shield #2107, Communications Division. Henion, on duty at Communications Division on Thursday, August 18, 1995 at 2040 hours, received a call as follows: "The man you are looking for in the cop killing works as a bag packer at the Triple A Supermarket on Jerome Avenue." The voice appeared to be that of a male Hispanic. There was no further conversation and no other identifying information. Triple A Supermarket: the undersigned and Detective Lugo present at...

Figure 24.3 AN EXAMPLE OF REPORT WRITING INVOLVING EXPLANATORY "PEGS."

When the final report is correlated, it should be arranged with the main portion of the investigation appearing first, followed by a grouping of reports on the results of neighborhood canvassing, grouping of leads checked under appropriate subtitles, and so on. The final report, whether short or long, should begin with a resume or summary of the case. This summary will enable the reader to relate to the overall picture as he or she goes through the case.

In a large-scale investigation, investigators are generally too busy the first day to type any formal reports, with the exception of brief official reports, such as the response report. At this stage, investigators should take copious notes, while orally keeping the chief investigator informed of developments. This should be a two-way communication so that the investigators can better evaluate any information they receive.

The chief investigator at this phase of the investigation should appoint someone to act as recorder, who will list any assignments that are given out with the names and commands of the investigators assigned, to fix responsibility for each report and prevent duplication of effort. I recommend a logbook as a running chronological record. The first entries in this log can be taken from the assignment sheets used at the scene of the crime. At this stage of the investigation, the command post should be moved to the station house and all activities in connection with the case should originate and be directed from this central location. The command post at the crime scene or place of occurrence is temporary and used only initially during emergency operations.

Once the emergency or crime scene work is complete, the operations center should be at a police facility where the necessary equipment and resources are available within a secure building. If, by the second day, an arrest has not been made or perpetrators identified and the department has involved numerous investigators, formal typed records should be filed at the conclusion of each investigator's tour. Needless to say, this will require typewriters, supplies, and space to accommodate the number of personnel involved. It helps to avoid confusion if the newly assigned and regular investigators are thoroughly briefed on what is required from them.

First Day of Investigation Supervisor checklist:

Implement assignment sheet and assign a recorder to the command post.

List all assignments of personnel at the scene.

Indicate individual assignments by name, rank, and command.

Chief investigator keeps track of various assignments in his notebook — usually, a brief paragraph relating to results obtained, facts of interviews, results of canvass, evidence recovered, etc.

Implement major case forms (delegate recorder to issue as members arrive at crime scene): checklists, assignment sheets, canvass questionnaires, interview reports, investigative plans, witness forms, canvass control sheets, and lead sheets.

Figure 24.4 THE CASE FOLDER.

Indexing the Homicide Investigation

As the volume of daily reports grows, the amount of information becomes unmanageable without an effective indexing procedure.

Index cards should be prepared for names of all persons that arise in an investigation, locations or premises mentioned, vehicles, license plate numbers, or other such categories as may be required in a particular investigation. An investigator should be assigned to type and file the index cards that will be required, according to the following procedure.

Daily reports should be reviewed and signed by the supervising officer or chief investigator. They should be prepared in duplicate. The original is handled per department requirements; the duplicate is given to the index officer for processing. On the case folder copies of the report, the officer who prepares the report will underline in red all names, addresses, vehicles, plate numbers, phone numbers, and any other information that the chief investigator decides is necessary. The case folder copies of the reports are filed chronologically and numbered consecutively with the response report as number 1.

The index officer then prepares an index card for each name, address, etc. The name cards will be filed alphabetically by last name. If only a first name or nickname appears, it will be filed according to the single name. Name cards will be crossreferenced with location cards, vehicle cards, etc., when applicable.

Each card will list the case number, a brief summary of the information, and a reference to the original report by listing the consecutive number from the case folder copy. Below is an example of such an index card:

JONES, HOWARD A. HOMICIDE #78/89

1368 Bathgate Avenue

Apt. 3D Bronx Report #37

Name found in wallet of deceased

A quick glance at the index card indicates that the name Howard Jones was in the deceased's wallet. As other information relative to Jones surfaces, it can be added to the card with a reference to the original report. If further information is required, the investigator can refer back to the report by number.

The location cards can be filed according to any plan, e.g., alphabetically by name of the street, then in numerical house number order. When necessary, a category can be prepared for different towns or communities, or by borough or county.

The vehicle cards can be filed alphabetically by make, year, etc., and license plates can be filed alphabetically or numerically.

Before the index officer prepares an index card for any red-lined name, location, etc., he will first consult the existing file to determine whether any such information has previously appeared. When a card already exists, that information should be brought to the attention of the chief investigator and other investigators concerned. The index officer then adds the new information to the existing card, with the number of the corresponding report from the case folder. This system of calling "hits" to the attention of the investigators minimizes the possibility of important information being lost or delayed in a mass of uncatalogued information.

A number of excellent computer programs can facilitate this process and I recommend that agencies take advantage of computer technology. However, although computerized systems are much more effective, I still recommend "hard copy" in any investigation as well as implementing this index system as a backup.

Figure 24.5 THE INVESTIGATIVE PLAN.

The index officer becomes a valuable aid in the investigation, especially when he becomes meticulously aware of each phase of the case. He or she should attend all conferences and freely contribute to all discussions of the case. Even when typing and filing are insufficient to keep the index officer busy, he or she should remain with the investigation until it is cleared, if possible. The index officer can be used to fill in on teams where a partner may be sick or in court, can be assigned to investigations that can be handled by one man on a part-time basis, and can use his remaining time to attend to typing and filing.

News Clipping File. Investigators should maintain a file of news clippings relating to the crime. These clippings may prove important later if a suspect admits to an intimate knowledge of the crime which he or she claims to have perpetrated. A news file on the case will assist the police in determining the veracity of any statements. In addition, investigators should be aware of what information has been released by the press so that they can make proper investigative decisions.

The index officer can also be assigned to clip and file all newspaper clippings about the case. This file can be expanded to include recordings of any television newscasts on videotape. In larger departments with a more sophisticated taping system, a number of news stations can be monitored at the same time and the newscasts videotaped for the investigative unit's library. I have been involved in a number of major cases during the past few years that received an inordinate amount of news coverage. It was to our advantage to have copies of the TV coverage during the investigation as well as later for court purposes.

Good press-relations policy can come in handy. If the agency and the news media are cooperating, the news media people will make available to the law enforcement agency any publications relating to the case. This will eliminate the possibility of missing any printed item in the local papers. (See Chapter 19, "The News Media in Homicide Investigations.")

I remember one case in which we had requested the local newspapers to print a story on a gang-style execution in an attempt to identify the deceased. Because the story was carried in a number of different newspapers, we missed one of the articles for the file. Later, we developed two suspects who claimed to have read of the death in a certain paper. This was approximately 3 weeks after the original story. Because the paper involved and the news person were generally cooperative with the police, and the police cooperative with them, the reporter had someone research the files and find the particular article involved. We were then able to evaluate the alibi properly.

Conducting the Investigative Conference

The investigative conference is one of the most important phases of any well-run homicide investigation. The conference need not be a formal gathering back at the station house. In fact, the investigative conference takes place during and after each

Figure 24.6 THE INDEX SHEET. All reports are chronologically numbered on this sheet and placed in the case folder.

Figure 24.7 ASSIGNMENT SHEET. All assignments are recorded on this running sheet in order to fix responsibility for certain jobs.

Figure 24.8 INTERVIEW REPORT. This form is used as a preliminary interview form at the scene. A more extensive report appears in Chapter 4.

of the other four phases. The conference is directed by the chief investigator at each critical point of the investigation. The object is to assess the investigation by gaining an overall synopsis. Each member and/or team relates their progress and ideas; everyone is kept abreast of all developments, and there is a general discussion. The daily investigative conference, which is somewhat different and usually takes place at the station house, attempts to assess the entire investigation on a daily basis.

In my opinion, the investigative critique should be used as a guide by the experienced members to conduct the homicide investigation.

Investigation of Police-Related Shootings (OIS/Use of Deadly Force Incidents)

Law enforcement officers, in their capacity as the guardians of law, are authorized to be armed with a firearm to protect themselves and others against the immediate threat of death or serious bodily injury. This authority is also extended to apprehend a fleeing felon who has committed a violent crime, e.g., an armed robbery, murder, or serious felonious assault, and whose escape presents a substantial risk of death or serious bodily injury to others.

Police-related shooting incidents (OIS [officer involved shooting]/use of deadly force incidents) involve the discharge of a firearm by a sworn officer in the performance of duty which results in injury or death. The investigation of these matters can have far-reaching consequences for all parties involved. The outcome may involve criminal as well as civil litigation, not to mention the psychological trauma inherent on the part of the officer. I know because I have been there.

The necessary and appropriate use of this authority is an awesome responsibility. The decision to use deadly force is based on the circumstances as presented at the time of incident. The final determination of justification, however, is based on law.

Police administrators must establish fair and appropriate guidelines within their respective departments for the use of deadly physical force, which instill public confidence by assuring official accountability. Commensurate with this formulation of policy relative to the justifiable use of force, however, should be a mandate not to place the law enforcement officer unduly in an unnecessary position of any danger or harm. The justification for the use of deadly physical force is usually decided on a case-by-case basis within the context of the law and interests of society.

Therefore, it is not my intent to argue the necessity for the use of deadly physical force by police officials for the protection of others and the general public or the legal basis of any justification defense. Instead, the purpose of this section is to provide practical guidelines to the investigator charged with the responsibility of conducting an official investigation in connection with a police-related shooting that results in death.

The official police investigation usually concentrates on the issue of whether the officer acted within the agency guidelines. The determination is based upon the law as it relates to the "justifiable use of force," ethics, good judgment, and departmental policies established within the agency. I acknowledge that there may be variances in the law and that case management and/or investigative techniques are usually determined on a jurisdiction-to-jurisdiction basis.

However, in situations where a death has occurred in connection with a policerelated shooting incident, I personally recommend that a homicide investigation take precedence over any type of internal investigations inquiry. An internal investigation can always be conducted after the homicide probe.

The late Pierce R. Brooks recommended that an incident case book be prepared for each fatal shooting incident. The initial officer-involved shooting report and the information added as an addendum become the incident case book. The addendum includes:

All scene diagrams

Other related reports

Supplemental reports

Transcribed or lengthy statements

Medical examiner's protocol

EMT/hospital treatment reports

Lab reports

Evidence reports

Suspect's criminal record

Photos

News clips

Review Board decision

Other pertinent information

Protocol

I have incorporated the suggestions and protocols recommended by David E. Hatch of the Las Vegas Metropolitan Police Department and the author of Officer-Involved Shootings and the Use of Force: Practical Investigative Techniques.1,2 Detective Hatch has investigated officer-involved shootings for 20 years and has become a nationally renowned authority on this subject, which is why I commissioned Detective Hatch to produce a book for my Practical Aspects of Criminal and Forensic Investigations series.

I. Introduction

The purpose of the protocol is to focus primarily on the investigative responsibilities of OIS/use of deadly force incidents. The seriousness of an OIS cannot be overstated; nothing can have more impact on an agency's reputation and the involved employee's career than a use of deadly force incident. These investigations result in extensive media coverage, public scrutiny, and possible civil litigation. Conflicting reports and premature press releases containing inaccurate unconfirmed information are the greatest causes of public distrust and related problems. The investigation of these events must be thorough, impartial, and totally documented to ensure that no serious allegations of cover up or improper handling of the investigation can be made.

Figure 24.9 OFFICER-INVOLVED SHOOTINGS AND THE USE OF FORCE: PRACTICAL INVESTIGATIVE TECHNIQUES.

II. Assigning Investigative Responsibility

Investigative responsibility depends on the resources and the expertise available to an agency. Responsibility for conducting the investigation is of paramount importance.

Larger police agencies usually assign the responsibility to their Crimes against Persons/Homicide sections. Smaller agencies should consider forming multiagency task forces to investigate shootings within their respective jurisdictions.

Internal Affairs units should not be considered for investigative responsibility. A use of deadly force incident is not by definition an internal investigation; it is a very public event and subject to public scrutiny. A trained investigator can reconstruct a scene and evaluate the facts of an incident in the same manner that he or she conducts a homicide investigation. The investigative unit assigned to conduct these investigations must determine the following:

Did this use of deadly force meet the standards of existing state law?

Was this use of deadly force within department policy?

Therefore, the agency must conduct a criminal investigation and administrative review.

III. Investigation of OIS/Use of Deadly Force Incident

A. Supervisory responsibilities

1. Upon being made aware of an OIS, the investigative supervisor shouldcontact on-scene supervisory personnel or the senior officer at the scene to be briefed (via cellular phone or land line) as to the nature of this incident, allowing the supervisor to assign teams to the scene, hospital, detective bureau, etc.

2. Confirm that all notifications have been made — for example, crimescene units, duty captain and/or supervisors, chiefs, and sheriffs.

3. Determine whether additional staffing is needed to accomplish investigative goals.

4. Upon arrival at the scene, determine whether it is a static or dynamicscene and at what point the OIS investigators will assume control of entire scene and investigation.

5. Coordinate a briefing by on-scene personnel with investigators as to whatis known of the incident at that time, location of the employee involved, witnesses, and steps taken to secure the scene, including any area where the scene was disturbed due to emergency or exigent circumstances. Secure dispatch tapes of the entire incident, including all incoming calls and radio traffic for follow-up investigative purposes.

6. Ensure that a public information officer (PIO) or supervisor of administrative rank sets up a command post/media staging area and that no press release is made until sufficient information is available to ensure accuracy of information.

7. Coordinate investigation at the scene and office to keep everyone apprisedof information as it becomes available, including police broadcasts for additional suspects, etc.

B. Incident scene investigator 1. Identify the employee involved.

2. Identify any witnesses, civilian and department members, and ensure thatthey are at a secure location and separated if possible.

3. Ensure that the employee involved is removed from public and pressscrutiny and confirm that a union/peer representative is en route to his or her location. (Depending on your agency's policies, the officer/employee should have trauma counselors or peer representatives to act as support for him or her during this extremely stressful period.)

4. Determine the boundaries of the scene if possible and ensure that theentire area is secured. A double scene approach is preferable (taped inner scene and barricaded or taped much larger outer scene to keep media and nonessential personnel away from forensic evidence).

5. When investigators, crime scene personnel, and a supervisor of administrative rank have arrived, request that the employee involved or an employee witness accompany the investigative personnel through the scene describing briefly how the OIS occurred. This provides investigators with the opportunity to determine the parameters of and information about the scene so that they can organize the shooting scene investigation.

Remember: A walk-through of the scene is of critical importance and should be completed by the officer/employee, if possible, or by an employee who witnessed the incident. It does not require actually walking through the scene, risking the contamination of evidence; it merely requires that the employee stand at a location where he or she can point to critical areas and describe the incident. Do not videotape! The employee's ability to recall the incidents in proper order may be affected by the extreme stress caused by the trauma of this shooting; the chance of inaccurate chain of events could create unnecessary civil liabilities.

• It is advisable to photograph the employees involved at the scene to show how they were attired at the time of the incident — plainclothes, uniform, visible police identification, caps or jackets with police logos, etc.

• It is not necessary to disarm the employee at the scene unless it is necessary for investigative purposes. Impounding the weapon and countdown of ammunition should be out of public view.

• The employee can surrender the weapon at the station when he or she is issued a temporary duty weapon.

• Depending on circumstances of the incident, it may be necessary to impound the employee's gear and clothing for forensic analysis.

6. Arrange to have witnesses and employees involved transported to a location where they can be interviewed and taped statements obtained. Assign personnel to care specifically for these witnesses and ensure that their needs are addressed (phone calls, comfort, restrooms, etc.).

7. All interviews should be taped; the location of each witness in relationshipto the shooting scene should be documented due to witnesses seeing different things from different locations.

IV. Interview of Employees Involved

Never allow the employee involved to dictate his or her report.

The natural tendency to concentrate on the incident and not on the entire event requires that a statement be obtained and a total interview be conducted.

• The employee involved should be interviewed and notes taken after all other witnesses are interviewed. The employee should then be released to crisis counselors and placed on administrative leave by his or her supervisor.

• Within 48 hours of the employee's actually using deadly force a formal taped statement should be scheduled in the presence of his or her immediate supervisor, union representative, or attorney.

• Employees involved in traumatic events should be allowed time after their initial interview to calm down and gather their thoughts before a taped interview. This is established policy in many major police agencies.

• The trauma of the incident can cause the employee to forget the order in which the events occurred and critical portions of the OIS. Given time to think, he or she will describe his or her actions and those of the suspect in detail.

• The immediate supervisor of the employee involved shares a vicarious liability for his or her subordinates' actions; therefore, he or she should be directly involved in the interview process and aware of follow-up investigative findings.

V. Taped Interview of Employees Involved

Due to the unique nature of each use of deadly force incident, it is virtually impossible to make a list of questions that would be all inclusive. However, an investigator should allow the interviewee to describe in his or her own words how the armed confrontation occurred and then conduct an interview that covers all areas of the incident, including state of mind of the officer involved at time of the actual use of deadly force.

Remember: It is not necessary to Mirandize or provide Garrity (administrative) types of warnings in the investigative stages of a use of force investigation. Garrity warnings provide transactual immunity. Miranda warnings are custodial in nature (see Glossary).

VI. Follow-Up Investigation

• After completing the scene investigation and interviews of employees involved, along with any other police and civilian witnesses, it may be advisable to arrange for a videotaped walk-through with the employees involved to be used in use of force boards and inquest types of reviews.

• OIS investigations are quite similar to homicide investigations and, depending on the circumstances of each incident, similar investigative steps should be taken.

• Examples: check adjacent businesses for witnesses; review incoming dispatch tapes for any persons reporting via cell phones; check area for any camera-equipped ATMs or store surveillance cameras; return to area at same approximate time of incident and log license numbers to contact anyone who may travel through the area at the same time each day; set up informational roadblocks and pass out printed material concerning the OIS for public assistance; canvass neighborhood; media releases. Copy the video media coverage and watch for unknown witnesses that may talk to the reporters and not the police. If the media filmed any portion of the incident, ask them for any raw unaired footage.

Remember: Approximately two-thirds of all households have video cameras, so always look for individuals that may sell these tapes to the media; be prepared to subpoena the original video.

VII. Background Investigation

• Suspect and witnesses:

• Do a complete background investigation on all suspects and parties involved, including the relationship, if any, of the witnesses to the participants.

• Employee:

• Obtain a copy of the involved employee's training history and duty assignments and attach them to his or her statements.

• If the employee involved has worked for other police agencies, make sure his or her work history/experience is properly documented.

• Has the employee been involved in other OIS/use of force incidents? Dispositions?

VIII. Preparation of Investigative Report

A comprehensive report, which depicts the entire event, is of critical importance.

A. Preparation:

1. Upon obtaining transcribed copies of all taped statements, communications tapes, and crime scene and investigative reports authored by other units, review all reports and complete a Use of Force Investigation — Administrative Report form. B. Chronological narrative:

1. Document location of occurrence, and date and time of incident.

2. Identify employees involved, including witness employees.

3. Describe the type and nature of deadly force used.

4. Describe the scene, including background areas (field of fire, lightingconditions, etc.).

5. Describe the employee's duty assignment (plainclothes, uniform, unmarked or marked police vehicles).

6. Identify weapons involved by make, model, serial number, and caliber.

7. Confirm that the weapon was duty, off duty, or back-up.

8. Confirm that the weapon was departmentally issued or authorized andthat ammunition used was also authorized or issued ammo. C. Deceased or living suspect?

1. Identify any and all suspects involved in this incident, including the following:

a. Complete physical description

b. Prior criminal history

c. Parole or probation status

d. Known associates (possible witnesses)

e. If deceased, autopsy/cause of death

f. If injured, describe injuries including hospital and attending physician information

g. If charged, detail charges pending prosecution

D. Witnesses

1. Describe all witnesses and provide a brief summary of what they observed:

a. Name, address, and telephone number

b. Complete physical description, DOB, SSN

c. Witnesses' locations at time of incident and their observations

d. Their relationship, if any, to any of the participants

IX. Conclusion

Any agency reviewing its present use of force policies should remember that a written policy detailing how and when the use of force is authorized should not be confused with investigative guidelines in the investigation of these events. In my capacity as homicide commander, I have investigated officer-involved shootings. Based on my experience, I recommend that an established protocol be followed when investigating OIS incidents to assure consistency and total objectivity in the documentation of the facts of the case. I recommend Officer-Involved Shootings and the Use of Force: Practical Investigative Techniques, by David E. Hatch,2 for a more comprehensive analysis of this subject.

Checklist

Interviews of employees involved in use of deadly force incidents as participants and witnesses:

Date, time, and location of incident; location of interview and names of all persons present

Officer/employee involved: full name, age, rank, duty assignment, and agency (if applicable)

Background/biographical information. This area should cover the employee's background:

Duty assignment, date of employment, previous experience, and specialized training

Weapon used: make, caliber, department issue or authorized, magazine capacity (whether the weapon was fully loaded, date of last range qualification with this weapon)

Ammunition used: department issue or authorized, caliber, manufacturer, description (hollow point, full metal jacket, etc.)

Duty status of employee involved: on duty, off duty, duty hours, days off, last shift worked, and hours worked

Dress: uniform, plainclothes, whether badge was displayed, where on the body badge was located

Was the employee wearing his/her ballistic vest?

Was the employee wearing any type of jacket, cap, or special assignment type of uniform with police identification on it? Tactical unit, etc.

Identification: Did the employee identify himself or herself as a police officer prior to the use of deadly force? How many times? How loudly?

If the employee was in uniform, could the suspect see him or her?

Was it necessary for the employee to verbally identify himself or herself?

Did the employee have time to identify himself or herself?

Have the employee describe the following in chronological order:

What crime/incident led to this armed confrontation/use of deadly force? What were the elements of the crime as known to this employee?

Was this a crime in progress, a suspicious situation, or an event initiated by the employee (field observation, traffic stop, etc.)?

What were the suspect's actions, demeanor, prior to the incident (erratic, under influence of drugs, alcohol, etc.)?

Was the suspect armed? (Describe weapon, where it was — on body or in hand.)

What was the aggression level? (Have the employee describe the act that caused him or her to react with deadly force.)

Take notes during this portion of the interview and be prepared to ask very direct questions; remember that officers involved in these very traumatic incidents have a tendency to go from "I responded" to "I shot" — leaving out crucial details that only a thorough interview will cover.

Be prepared to ask questions about lighting conditions, back drop, distance, state of mind. (Was the officer in fear of his or her life or the life of another? Did the officer feel that he or she had any option other than the use of deadly force?)

Was the employee acting on authority of a warrant (search/arrest)?

What was the probable cause?

Was the employee acting on orders (tactical situation where force is ordered, barricaded suspect hostage rescue, etc.)?

Remember: No two use-of-force/OIS situations are the same; this interview format is merely a guide to areas of concern that should be addressed when interviewing employees/officers involved in a very stressful situation. These employees may not remember in exact detail how this incident occurred. As a result, the initial interview will usually require follow-up questioning. Always have the employee review his or her statement at a later date to ensure its accuracy. If the employee wishes to correct or add additional information to the statement, have it attached in the form of an addendum to the previous statement; do not delete or change the initial statement in any manner.

The trauma and stress of this violent act should be considered during all interviews of employees and civilian witnesses.

Apprehension of Homicide Fugitives

When I was the commander of Bronx Homicide, I initiated an apprehension unit within the command that focused on known perpetrators who had become fugitives. The members of this unit were selected based on their expertise in conducting covert surveillance as well as their contacts and abilities to access information from various agencies and different confidential sources. The investigative strategy in having a specialized apprehension team within the Homicide Squad was that pursuing known fugitives was a full-time, 24-hour-a-day job, which required the assigned members to be available on short notice to make apprehensions.

The members of this unit developed extensive background information on their subjects. They knew them, their girlfriends and wives, and their known associates, as well as their haunts and habits. This was important information which not only facilitated apprehensions but also minimized some of the hazards in connection with fugitive arrest situations.

This consistently effective operation was disrupted when an arrogant chief, who reportedly did not appreciate detective expertise, refused to allow a specific fugitive case to be assigned to the apprehension team under my command. This suspect had been identified as the perpetrator of a quadruple homicide and should have been assigned to our apprehension unit. The chief's rationale was that homicide detectives considered themselves elitists. He felt that the local detective squad should handle the apprehension even though they did not have the resources. Needless to say, the results were devastating. Six New York City Police officers were shot in an abortive attempt to apprehend this fugitive, who managed to escape. Thank God, these officers were not killed as a result of this pompous blunder.

In any event, I ultimately had the pleasure of leading my detectives on a subsequent raid, which resulted in the apprehension of this murder suspect and wouldbe cop killer. Incidentally, the subject was located and apprehended using the very same tactics and procedures employed on all of the other cases handled by our apprehension team.

Detective Second Grade John Tierney, who was one of my top investigators in the apprehension team, provided the information in the next section on apprehending fugitives.

Use of Wanted Posters

The strategic placement of wanted posters at locations frequented by prisoners and informants who come into the police station has proven to be successful. Wanted posters displayed at prisoner processing areas, fingerprint board locations, and outside holding cells in police stations are seen by persons who may have information and are looking to exchange that information for consideration on their cases. Likewise, these posters can also be displayed at courthouses, parole and probation offices, debriefing rooms, and any other place where someone who might be interested in striking a deal might be tempted to come forth with information on the whereabouts of the wanted fugitive.

Distribution of Photographs and Information Flyers to Patrol

Patrol officers represent the eyes and ears of the police department. They are out there 24 hours a day, 7 days a week. Most patrol officers are eager to apprehend a wanted felon, especially a homicide fugitive. By distributing color photographs of wanted subjects along with informational flyers on the subject's known locations and activities, the patrol force becomes an additional resource to be employed in apprehensions.

Cell Phones

Cell phones are a mandatory item for apprehension teams who are actively pursuing a fugitive. According to Detective Tierney, "It's always better to have the bad guy come out the door than to have the good guys go through the door and put themselves at risk." Detective Tierney recommends a telephone ruse be employed to assist in the apprehension of the fugitive. The apprehension team should try to obtain the cell phone numbers of their subjects as well as the subjects' associates. If the subject is located indoors and the arrest team is in position with a view of the subject's door, two tactics have proven to be successful:

1. Have someone call the subject on his cell phone (preferably a female) and/or call the location and ask for the subject and arrange a meeting, or call to determine whether he is at home. This tactic is not foolproof, but it minimizes the chance of blowing the operation by alerting the fugitive or someone else at the location that you know where he lives. If he is not home, you can always return at a later time or another day when the subject is home and answers the phone.

2. When you are sure that the wanted subject is at a specific location, have someone call his cell phone from a nondisclosed recipient or unregistered cell phone or simply employ the *67 option, which most carriers have provided customers to avoid caller ID. Using "street talk," tell the subject, "The cops are coming. Get out now while you can." According to Tierney,

"Nine out of ten times, the subject will come running out the door."

Obtain a subpoena for the subject's cell phone records to ascertain locations from which he is making his calls or set up a trace-surveillance to apprehend him when he is on the phone.

Pagers

Many times investigators will discover that the wanted subjects have beepers, which they use to conduct business and remain a few steps ahead of the police. According to Detective Tierney, although you can request subscriber information, many of the subjects do not use their real names or provide fictitious information to the company. Tierney recommends the following tactics using a police "undercover phone":

1. When you obtain the wanted subject's pager number, beep him to the undercover phone number at your office, which should be equipped with caller I.D. This will give you the number he used to call you. If the bad guy has a block on his phone, which most bad guys do, go to Step 2.

2. Page the bad guy to the undercover phone number. When he calls back, there is a code you can hit, e.g., *57 (you need to check with your local phone company to ascertain the proper code in your area). After speaking to him and telling him you did not page him, punch in the code. You will get a recording from the phone company stating that your call has been successfully trapped and the number to call for further information. In most situations, the phone company will provide you with the location from which the call was made. It is good practice to have an assistant district attorney on standby for a subpoena to be faxed. (I recommend that you confer with your local prosecutor or state's attorney because certain states have different legislation regarding telephone number interceptions.)

3. If you have an indication of the area from which the subject is calling, have surveillance units available in that area ready to respond to the location when the phone company provides you with the address.

Planning the Apprehension

Assessment of Physical Hazards

The purpose of this section is to stress the importance of safety and eliminate risk hazards to members of the apprehension team. Carefully consider whether the hazard factor may be above the acceptable level before proceeding with any tactical plan. Consider

Time of the day or night

Type of location (high rise, private house, multiple dwelling, drug location, schools in area, type of neighborhood, traffic conditions)

Firearms involved

Vehicle pursuits — consideration

Requesting assistance of other specialized units

The Tactical Plan

Research your subject. Develop extensive background information on your subject. Know the fugitives' associates as well as their haunts and habits. Know your subjects' history, the areas they frequent, their social activities, past criminal activity, driving, and summons activity.

Conduct reconnaissance of the subjects' location. Know the physical layout of the location (locked front doors, rear exits, fire-escapes, rear yards, security, alarms, dog, etc.). Conduct roof-top surveys.

Consider the best method of approach to the location to minimize hazards and provide an element of surprise.

The Tactical Operation

Notification to Central Communications by Land Line

Prior to enforcement action, the citywide or local police communications division should be advised by telephone of the planned raid in the event that someone calls 911 to report activities. Do not use the radio to alert communications. Subjects are known to monitor police frequencies.

Hospital

Designate a hospital and a route for emergency response.

Personnel

Whenever practical in enforcement operations, members should wear recognizable police identification, i.e., police jackets, uniforms, etc.

Ample personnel should be assigned.

All members of the apprehension team (uniform and plainclothes) should familiarize themselves with other assigned members. Bullet-proof vests should be worn at all times.

Briefing

Work as a team. All members should be apprised of all information about the subject. Keeping information about the subject private can result in the subject's escape or injury to your fellow officers.

Prior to enforcement operations, conduct a meeting with all members assigned to the operation to discuss:

Personnel assigned and each specific duty

Equipment

Set-up locations

Targeted locations

Execution tactics

Potential hazards

Equipment

Determine the type of equipment necessary for the operation — types of weapons to be used, tear gas, percussion grenades.

Ensure that all portable radios are charged and have extra charged batteries. Handcuffs should be carried by all members of the team. Flashlights should also be available during the enforcement operation. All vehicles should have full tanks of gas prior to the start of the operation.

Cell phones

Cold Case Investigations

The term cold case is applied to investigations which are not being actively investigated and remain unsolved due to any number of reasons. The most common reason is the lack of information, which is the life-blood of any good investigation. These cases are temporarily shelved because of this lack of information and followup leads, as well as lack of known physical evidence, eyewitness identification, or other case solvability factors.

In the past decade, decreasing crime rates and advances in forensic technology have combined to allow some law enforcement agencies the opportunity to reinvestigate older, previously investigated but unsolved homicides. Many of these stem from the rapid increases in the homicide rates that occurred in the 1980s and early 1990s. Forensic developments in the past two decades have enabled investigators in many law enforcement agencies nationwide to reexamine unsolved homicide cases suspended because the technology was not available or there was a lack of information.

Recent headline cases such as the "Green River Killer" or "BTK," as well as cases that date back to the 1940s and 1950s, have captured the attention of the media. These cases have been dubbed by the media and public as "cold case" homicides; groups of investigators dedicated to this facet of homicide investigation have become known as "cold case squads."

These cold case investigations have resulted in some new investigative techniques, which address forensics as well as multidisciplinary concepts. Advances in forensics, including DNA and automated fingerprint identification systems (AFIS) as well as the additional knowledge-based systems, have afforded investigators the unprecedented opportunity to be able to revisit these cases and develop new physical evidence.

However, from my perspective, all real murder cops are cold-case detectives. I do not know of any genuine homicide detective who does not sincerely want to solve his or her case by pursuing any and all information, especially the newer forensic techniques.

Remember the case from New Rochelle in "Investigative Strategy" in Chapter 14? That case was reopened twice as we attempted to obtain justice for the family.

I commissioned my friend and colleague Richard Walton, an investigator in a district attorney's office in California who has researched cold case investigations extensively, to prepare a comprehensive textbook for my series. Walton earned his doctorate degree in education; the title of his dissertation was "The Identification of Solvability Factors in Cold Case Homicide Investigation." His textbook, Cold Case Homicide Investigation: Practical Investigative Techniques, is an excellent resource that serves as a practical investigation guide for those engaged in the mission of solving unsolved homicide cases.

Although the investigation of cold case homicides encompasses many of the techniques outlined in Practical Homicide Investigation, a number of factors have an impact on the successful conclusion of these types of cases. In the years since a case was suspended, witnesses and suspects, as well as the original officers, experts, and others involved in the investigation, may no longer be available. Physical evidence and files may have become contaminated or misplaced and the factors of time and memory need to be considered in reviving the investigation.

Cold Case Homicide Investigation: Practical Investigative Techniques addresses these issues as well as initial case retrieval, crime scene reconstruction, evidence reconstruction, updated forensic methodologies, identification techniques, and the dynamics of changing relationships.

Conclusion

Management and supervision of a homicide investigation are unique in their comparison to other police management operations. The management of day-to-day patrol operations and administrative functions can be proceduralized because of their routine and repetitive nature. In fact, management and supervision of many police operations are interchangeable and allow for supervisory reassignment and career growth within the organization. The supervisor's experience with the function is not considered a prerequisite for assignment.

This rationale is based on the theories of police administrators, whom I refer to as "the police intelligentsia." They believe that "police managers" should not participate operationally in the function. Instead, these managers should be taught to rely strictly upon the written rules and procedures of the organization. This, they believe, will assure operational uniformity.

Generally speaking, this strict and rigid bureaucratic control does not allow for on-site common sense and the flexibility necessary in a practical homicide investigation. These administratively oriented rules eventually become insular and effectively relieve the manager of the on-line supervisory responsibility commensurate with the direction of operations.

Investigatively speaking, the intelligent management and supervision of homicide investigations requires a different approach that takes into account the unpredictable aspects of a murder investigation. There are rules, procedures, and established policies that give direction and coordination to the function, as well as guidelines implemented for specific investigative actions.

In homicide investigation, the on-scene supervisor directs and coordinates a team effort based upon established policies. However, as a manager, he or she is given the authority to allow for variations of the guidelines to occur when needed at the point of execution. This flexibility is based upon necessity and common sense.

The supervision and management function requires the supervisor to participate actively in the investigation. This does not mean "playing detective" and/or jumping into the operational aspects, such as interrogation of suspects, searching the crime scene, collecting and/or handling evidence, or interviewing prospective witnesses. Active participation means sharing an interest in the investigation, intelligently directing activities, and utilizing the investigative critiques to establish priorities properly. In addition, active participation enables the supervisor to assess the case and provide the necessary resources to his people so that they may effectively investigate the case.

The supervisor of homicide should ideally have a homicide or an investigative background because experience is a prime asset. This does not mean that a supervisor who lacks a homicide or investigative background cannot effectively supervise investigations. However, it does suggest a need for learning the investigative processes involved. Even for the experienced supervisor, managing investigations is an on-going educational process. Remember: you are never too smart to learn.

Epilogue

As far as homicide detectives are concerned, there are two types of homicide: one in which the suspect is caught quickly and the other the unsolved homicide. In New York City, the former are referred to as "ground balls" and the latter are appropriately called "mysteries." Mystery or ground ball, the fact remains that you are dealing with the ultimate crime — murder. Whether you have the killer in cuffs or the case is a who-done-it-and-ran, the investigation should remain the same. Each case must be properly managed and the investigation must be thorough and complete. This is what professional homicide investigation is all about.

Homicide investigation is a profound duty. As an officer entrusted with such a duty, it is incumbent upon you to develop an understanding of the dynamics and principles of professional homicide investigation. Practical homicide investigation suggests that "things be done right the first time" and "knowledge is power" — knowledge that has been enhanced with experience, flexibility, and common sense.

Practitioners must be prepared to use tactics, procedures, and forensic techniques in their pursuit of the truth and then to follow the course of events and the facts as they are developed to their ultimate conclusion.

Death investigation constitutes a heavy responsibility, and as such, let no person deter you from the truth and your personal commitment to see that justice is done — not only for the deceased, but also for the surviving family. Remember: "We work for God."®

References

1. Hatch. D. Personal interview, June 30, 2005.

2. Hatch, D.E. Officer-Involved Shootings and the Use of Force: Practical Investigative Techniques.

Boca Raton, FL: CRC Press, 2002.