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Swanson, Criminal Investigation 8/e
Criminal Investigation, 8/e
Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

The Follow-Up Investigation

Chapter Outline

I. THE DECISION TO INITIATE A FOLLOW-UP INVESTIGATION

Follow-up investigation is the police effort to gather information subsequent to the initiation of the original report and until the case is ready for prosecution.

A. Investigative Solvability Factors (See Slide 6-2)

There are specific questions that investigative supervisors should answer in determining whether or not to move forward with a follow-up investigation: The responses to these questions helps to determine the likelihood the crime will be solved with a follow-up investigation. The response to these questions helps to determine the likelihood the crime will be solved with a follow-up investigation.

B. Decision Models (See Slide 6-3)

Some police departments have attempted to develop decision models that are more objective and take away some of the discretion from personnel who decide whether or not to go forward with a follow-up investigation.

II. THE FOLLOW-UP INVESTIGATION PROCESS

A. Common Internal Sources of Case Information (See Slide 6-4).

1. Incident and supplemental Reports

The preliminary investigation report, typically referred to as an incident offense, or crime, will have the answers to many of the basic questions which follow-up investigators want to know.

2. Physical Evidence Seized

The physical evidence seized at the scene, as well as any evidence seized by the officer, will be placed in the evidence room.

3. Jail Booking Reports

Depending on the local situation, the jail booking report may, or may not be, an internal document of the agency conducting the investigation.

4. Field Interview/Information Reports (FIR) (see Slide 6-5)

Such reports are filled out when patrolling officers identify a person(s) or vehicles which are suspicious to them, but which do not constitute any particular offense.

5. Inventories of Impounded Vehicles

If a suspect is arrested while driving a vehicle, the vehicle will be inventoried and towed to an impoundment lot.

6. Traffic Citations

As with FIR cards, citations can link suspects to the vehicles they register and drive, as well as those to which they may have access.

 

7. Crime Laboratory Reports

The larger the size of the agency, the more likely that it is that any laboratory reports are an internal source of information.

8. The Neighborhood and Vehicle Canvasses (see Slides 6-6, 6-7 and 6-8)

One fundamental aspect of most investigations is the neighborhood canvass of residents, merchants, and others who may have been in the immediate vicinity of a crime and have useful information. Like the neighborhood canvass, the vehicle canvass should be conducted as quickly as there is sufficient information to do so.

9. Intelligence Files

Intelligence consists of pieces of raw information that when collected, evaluated, collated, and analysed form meaningful and useful judgments that are both timely and accurate

B. Common External Sources of Case Information

There are numerous local, regional, state, and federal information systems, including the National Crime Information Center (NCIC) 2000.

C. Re-Contacting Victims

In many cases, the investigators will re-contact victims to verify the content of the incident report, to find new information or merely to satisfy victims.

D. Named Suspects

Sometimes a suspect is named in an incident report assigned for investigation.

E. Leads

The amount of effort required to follow up a good or bad lead is seldom mentioned in research on investigative work. Even when good leads are available, the investigation is not a simple matter of arresting suspects.

F. Informants (See Slides 6-9 and 6-10)

Information provided by informants often plays a vital role in making an investigation successful. There are several categories of informants.

1. Mercenary informants provide information to the police for financial reward.

2. rival informant

3. plea-bargaining informant seeks reduced charges or a lenient sentence.

4. anonymous informant

5. legitimate informers

6. self-aggrandizing informant has many contacts in criminal circles and feels important by giving information to the police.

7. false informant, who intentionally provides misleading information.

G. Surveillance (See Slides 6-11 and 6-12)

Surveillance is defined as the secretive and continuous observation of persons, places, and things to obtain information concerning the activities and identity of individuals.

1. Uses of Surveillance

Surveillance is used for a number of reasons and in varying situations.

2. Objectives of Surveillance

A surveillance is initiated when an investigator wants to accomplish a particular investigative objective.

a. Establishing the Existence of a Violation

Frequently information is received or a allegation is made that an individual is violating the law.

b. Obtaining Probable Cause for a Search Warrant

If a violation has been established but insufficient probable cause exists for either a search warrant or an arrest warrant, surveillance may be used to find probably cause

c. Apprehending Violators in the Commission of Illegal Acts

Surveillance is especially effective in identifying violators at the scene of a criminal activity and often establishes how each violator is involved.

d. Identifying Violator Associates

As an investigation develops, the investigator is sometimes surprised at how extensive the violation is and soon realizes that the initial principal has one or more associates in the criminal venture.

e. Establishing Informant Reliability

Often information received from an informant needs to be expanded or corroborated.

f. Providing Protection for an Undercover Investigator or Informant

At particularly sensitive points in an investigation, both undercover officers and informants may require back-up in the form of investigators in the immediate vicinity to furnish help if needed.

g. Locating Persons, Places, or Things

Wanted persons can be located by surveillance when other approaches will not work.

h. Preventing Crime

In some situations, law enforcement agencies purposely alert a subject that they are aware of his or her presence in their city, or they make it known to him or her that they are in the subject’s area.

i. Gathering Intelligence or Individuals and Premises Prior to the Execution of a Search Warrant.

The more current information an agency has about a subject and his or her residence prior to the execution of a search warrant, the more intelligently it can be planned and safely executed.

J. Gathering Intelligence on Illegal Groups’ Activities

k. Facial Recognition Software

Facial recognition software compares the images captured by video cameras with the mug shots of known offenders for the purpose of identifying and apprehending wanted persons.

III. THE POLYGRAPH AND THE PSYCHOLOGICAL STRESS EVALUATOR (See Slides 6-13, 6-14, and 6-15).

A. The Polygraph can be an important adjunct to the criminal investigation process, but its findings cannot stand in place of other evidence. The polygraph may be used in the investigative process to:

1. verify, corroborate, or refute statements made by victims, witnesses, and suspects;

2. obtain additional investigative leads;

3. narrow or focus investigation; and

4. eliminate suspects

B. Fundamentally, polygraphs measure and record three categories of information about changes which occur in subjects’ bodies while they are being questioned. The three categories of information and how they are measured are:

1. the blood pressure and heart rate;

2. the respiratory rate, which is measured by two rubber tubes filled with air. These pneumongraphs are stretched across the subject’s abdomen and chest to measure air displacement; and

3. the amount of sweat on the fingertips, which is called Galvanic Skin

C. The psychological stress evaluator (PSE) and computerized voice stress analyzer (CVSA) operate on the basis that fluctuations in a person’s voice under stress can reveal deception. (See Slide 6-16)

1. The 5th Amendment to our Constitution stipulates that people cannot be compelled to be witnesses against themselves.

2. The Supreme Court has not directly ruled on the admissibility of polygraph and PSE-type evidence.

IV. GUIDELINES FOR CONDUCTING PHOTO AND LIVE LINEUPS

A. Conducting the Identification Procedures

The purpose of the identification procedure is to conduct the lineup in a consistent manner so as to insure the accuracy, reliability, fairness, and objectivity of the witness’ identification.

B. General Guidelines for Photo and Live Lineups (See Slides 6-17 and 6-18)

1. Care must be taken so that the suspect does not unduly standout.

2. To the extent that it is possible, the primary investigator should not be the person conducting the lineup to prevent giving inadvertent verbal or body language cues.

3. Witnesses should be instructed prior to the lineup that the suspect may not be in the lineup and they should not feel compelled to make an identification.

C. Recording Identification Results (See Slide 6-19)

Proper documentation includes:

1. check to make sure that all signatures need for the various forms are completed;

2. collect the information needed to complete standard forms prior to conducting the lineup procedure;

3. if another witness will have contact with any photographs or forms, make sure that the previous witness has not made any marks or comments on them; and

4. include in the supplemental report a record of both identification and non-identification results, including any statements as to how sure, or unsure, the witness is.

V. AUTOMATED PHOTO LINEUPS (See Slide 6-20)

Photo lineups which are automated by computer must comply with the guidelines identified previously.

A. Once the witnesses’ description has been entered, the computer searches the database of suspects and persons to locate those with similar features, scars, birthmarks, tattoos, age, weight, and other characteristics.

B. Once the selection of the lineup is complete, it can be displayed in color or black and white on the screen for witnesses to view or outputted to high quality printers for manual use with the witness.