basic investigative techniques and officer safety icc...
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8/29/2013
1
Presented by:
Chris Wiggins
Municipal Compliance Consultants
Introduction Objectives and Goals for Class
1. To provide Basic Techniques for Conducting an Investigation ‐ Standard Practices for Industry;
2. To provide skills and techniques to safeguard officer safety;
3. To learn how to document an investigation that will withstand a legal challenge.
Introduction Background of Speaker
23+ years of Code Enforcement Experience – public and private sectors
Developed and Implemented the Training Courses specifically designed for Code Enforcement Professionals
College Education and several Specialty Certificates for field to include, Microbial Contamination, Vectors, Lead, and Asbestos
Have presented to CALBO, ICC, OCEA, CACEO and other regional groups
Owner of Municipal Compliance Consultants – A Consulting Firm that specializes in Code Enforcement Program Development, Training, and Services
CEO/President of IETI, LLC – A training institute dedicated to training code professionals
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Basic Investigative Techniques Getting Started
Service Request (Complaint)
Getting the pertinent information
Anonymous Complaint
Complaint Research
Type of Complaint – Housing, Zoning, Nuisance, Building, etc
Prioritizing/Assignment
System in Place
Looking at the big picture
Basic Investigative Techniques The Investigation
Introduction – who you are
Obtaining Information Legal Owner/Occupant
Contact information
Driver License or DOB
Most importantly CONSENT to inspect
Approach on the property Public ROW
Private – curtilage of property
Obtaining access/consent to inspect
Public ROW
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Private Property ‐ Curtilage
Basic Investigative Techniques Conducting the Inspection
Exterior
Interior
Evidence Gathering – the most important part of your case
Notes
Photographs
Video
Maps from Public Works, Aerial Photograph or hand‐drawn
Other – Tools (i.e. electrical tester)
Basic Investigative Techniques Issuing the Notice and/or Citation
Authority
Applicable Codes
Notice Content Applicable information
Owner/RP, Address, Tax Assessor’s Parcel Number (APN), Date, & Signature of Officer
Wording of violation(s)
Violation, Corrective Action, Code Section, and Appeal Process
Posting
Providing copies
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Basic Investigative Techniques Case Follow‐up
Reinspection
Case Closure
Further Action – What is in your compliance tool box?
Fee Assessment
Citation (Administrative and/or Criminal)
Administrative Hearing Process
Civil or Criminal Prosecution
Receivership
Other options – Compliance Agreement
Officer SafetyHave a Plan
Cell Phone Programmed
Safety Equipment
Police Radio
Pepper spray
Appropriate Clothing for work duties
Self Defense Training & Techniques
Officer Safety Check the area before stopping by driving by the complaint address.
KNOW WHERE YOU ARE!!
Park the vehicle to provide cover, concealment, and a quick escape (i.e. park facing out of a cul‐de‐sac). Have keyless entry into vehicle.
If it feels wrong, it might be wrong, check it again, bring a partner, never enter a bad situation. LISTEN to your 6th sense.
Pay attention to where you are standing, and how long you are standing there!
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Color Code of Awareness Developed by the USMC as a guide to recognize and to prepare for combat.
"Condition Black“ is included and in this condition you will be actively engaged in combat (fighting).
Color Code AwarenessWhite – The Unaware
Your Vulnerable – You are loss in your thoughts and you get caught unaware and are easily surprised. Example: Your conducting an inspection in the rear yard of the property and a small dog comes up behind you catching you off guard.
Color Code AwarenessYellow – Relaxed AlertnessNormal everyday state of awareness. It’s in this state that you’ve accepted the fact that your life may be in danger at any time and you may have to do something about it. There is no specific threat but you are alert to any possibility. Example: You go to make contact at the front door of the property but before you go in the fenced front yard you notice signs of a dog so you take note and are ready if a dog approaches you.
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Color Code AwarenessOrange – Focused Alert
Something or someone triggers your attention indicating a potential threat . It doesn’t mean there is a threat only that there could potentially be one. You are prepared to take necessary action if the threat presents itself. Example: You are conducting an interior inspection and see a large knife on the living room table.
Color Code Awareness Red – Ready to ActYou have determined the threat is real and although you may be in the middle of a conflict you are ready to REACT. Example: You are conducting your inspection and the property owner starts to bec0me agitated as he knows he is going to receive a Citation, you begin to retreat from the property so you have a quick exit but also are ready to use pepper spray, self‐defense techniques, and other agency approved methods in case you need to defend yourself from a physical altercation.
Officer Safety Personal Protective Equipment (PPE)
Equipment
Personal
You, your co‐workers, other agency members, the public
People
Animals
Environmental Factors
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Officer Safety Personal Protective Equipment (PPE)
Types for your job duties Contact List for Emergencies
First‐Aid Kit
Reflective Vest or Identification Vest
Flares for traffic control
Paper Mask (N‐95 minimum) or other type
Gloves
Boots – Leather and Rubber
Tyvek Suit
Hand Sanitizer or other Disinfectant
Bug Spray – for Fleas, Ticks, Chiggers, etc.
Tools – Flashlight, Electrical Tester, Moisture Meter, etc.
Officer Safety Personal
Common Sense – 6th Sense
Systematic Approach
Becomes Habit
Make contact and obtain consent
Paying Attention
Keeping the occupant in front of you
Drugs, Alcohol or other issues
Weapons
Number of People in the Property
Hazardous Conditions
Officer Safety Help or Agency Task Force Inspections
Plan in Place
Have a coordinator, someone in charge
Pre and Post Meeting – to discuss assignments
Documentation
Notes
Photographs
Video
Law Enforcement Assistance
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Officer Safety The Public
Your customer, the Owner and/or Occupant
Steps to ensure their safety or others while at the property conducting the investigation
Know the Law!
Officer Safety 2‐Types of Consequences for not following Agency`s Policies and Procedures
Departmental or Administrative
Through an Internal Departmental investigation
Written Reprimand
Suspension
Demotion
Dismissal
Officer SafetyCriminal Liability
Criminal charges on the state level using force without just cause.
Jail
Prison
Restitution/fine
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Officer Safety
KNOW YOUR DEPARTMENT’S POLICY AND PROCEDURE FOR
USE OF FORCE
Officer SafetyPeople
Drugs
Alcohol
Mental Illness or Physical Illness
Number
Financial or other Personal Issues
Officer SafetyAnimals
Domestic
Dogs
Cats
Agricultural
Goats, Horses, Pigs, Sheep, Chickens/Roosters, etc
Wild
Bats, Raccoons, Skunks, Birds, etc.
Exotics – via permit
Lions, Tigers, Bears, Wolves, oh my!
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True Case – Georgia Drug Dealer
Officer SafetyEnvironmental Factors
Lead
Microbial Contamination – Mold
Asbestos
Bacterial
Diseases related to Vectors
Microbial Contamination
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Vectors
Report Writing Your competence as an investigator and the adequacy of your investigation is assessed by the quality of your report.
An investigators ability to clearly document the facts and activities of an investigation not only reflects on the investigators own professionalism, but also of our entire profession.
A good investigation is ruined by a poor quality report.
Poorly written/sloppy report suggests poor/sloppy investigative skills to the reader.
Report WritingThe investigative report is a:
‐ written document;
‐ prepared by an investigator;
‐ that records in chronological order and detail;
‐ the investigators observations and actions;
‐ as they relate to a specific case.
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Report Writing An investigators report must present relevant facts of the case in a complete and clear manner.
Any action taken (prosecution, civil action, abatement) must be supported or justified by the content in the investigative report.
Investigative report must be able to stand up to critical review & legal scrutiny.
Report WritingUsed by: Provide a record of investigation & serve as source documents for: By prosecutors,
By judges,
By defense attorney’s,
By other enforcement agencies,
By media,
By insurance companies
By your agency to evaluate your job performance
Report Writing Characteristics of an effective report:
FACCCT
F actual
A ccurate
C lear
C oncise
C omplete
T imely
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Report Writing Characteristics of an effective report:
F actual
‐ Reader of report must have an exact and literal representation of the case.
‐ A factual report provides an objective accounting of relevant case facts.
‐ Conclusions, if present, must be based on objective facts articulated in the report
Report Writing Characteristics of an effective report:
A ccurate
‐ No inconsistencies or discrepancies between what took place and documentation in report.
‐ Any inaccuracy may jeopardize credibility of entire report.
‐ Accuracy is achieved by carefully, precisely, impartially, and honestly recording all relevant information.
Report Writing Characteristics of an effective report:
C lear
‐ Report must speak for the investigator leaving no doubt/confusion with reader.
‐ Proper organization of information:
‐ Facts & events presented in sequential, chronological order of occurrence
‐ Clear & logical tie to each case event
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Report Writing Characteristics of an effective report:
C lear
‐ Language used:
‐ Simple, common, every day words
‐ No slang / profanity unless an exact quote
‐ Abbreviations
Report Writing Characteristics of an effective report:
C lear
‐ Writing mechanics
‐ Proper use of commas & other punctuation marks,
‐ Writing in the first person,
‐ Pronoun use leaving no doubt who/what author is referring to,
‐ No distracting words, grammar, or spelling errors,
‐ Legible handwriting (better to type).
Report Writing Characteristics of an effective report:
C oncise
‐ Brief but contain all relevant information reader will need,
‐ Accuracy, completeness or clarity shouldn’t be sacrificed for brevity,
‐ No excessive wordiness
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Report Writing Characteristics of an effective report:
C oncise‐ Word selection
‐ Direct & concrete statements
‐ Plain English
‐ Sentence structure & grammar‐ Short but complete sentences
‐ No fragments
‐ No long drawn out sentences
‐ Relevance‐ Only information needed by the reader in report
Report Writing Characteristics of an effective report:
C omplete‐ Report contains all relevant information & facts so that reader does not need to contact writer to gather additional information.‐ Users able to mentally place themselves at scene‐ Actions are described‐ Statements are supported by details‐ Both supporting & conflicting information is presented
‐ Standardized forms often used as face sheet to force investigator to provide basic information
Report Writing Characteristics of an effective report:
T imely
‐ Report is submitted in a timely fashion.
‐ Support and good will in community can be lost if action toward resolving a case is delayed by untimely reports.
‐ Adheres to set deadline in your municipal and/other codes that you enforce.
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Code Enforcement report content elements Initial information
How investigator became aware/involved with case.
Names of investigators involved.
Dates / times, locations.
Investigators observations upon arrival.
Code Enforcement Report content elements Identification of crime/violation
Common name of crime/violation,
Statutory code reference (i.e. Penal Code, Health & Safety Code, etc.),
Existence of each of the required crime/violation elements necessary for the crime to be complete.
Code Enforcement report content elements Identification of involved parties
Full names,
Sex, ethnic origin (DOB),
Date of birth,
Home address & phone number,
Driver’s license number,
Workplace or school address & phone,
Contacts role in case and relationship with other involved parties.
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Code Enforcement report content elements Witness statements
Witness relationship and proximity to event
Circumstances/actions observed/experienced
Complete and detailed descriptions
Information regarding offenders
Quoting: Smith said, “………….”.
Paraphrasing Smith said …………..
Code Enforcement report content elements Property ownership / control
Report content that supports who the responsible person is.
“On August 14, 2007, I reviewed Wonderland County Tax Assessors records and determined Nancy Nuisance owns the Subject Property”.
Code Enforcement report content elements “Crime scene” specifics
Reader must be able to clearly understand and accurately visualize the scene.
Physical condition of scene/property
Chronology of events
Location of evidence
Information supporting the existence of elements of offense
Identification of owner / occupant
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Code Enforcement report content elements Actions of investigating officer
Emergency abatement
Methods used to capture essential information
Location of officer when making observations
Seizure of evidence
Standard procedures followed
Disposition if available
Code Enforcement report content elements Information supporting officers actions
Exigent circumstances that led officer to act
Basis of officers conclusions
Facts leading to probable cause
KNOW YOUR CODES!
‐ When writing your report‐ Parse elements of the code section into pieces.
‐ Break sentences into pieces
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KNOW YOUR CODES!
Anytown Municipal Code § 13.80.035
“It is unlawful for any person owning or occupying any property in the city to maintain overgrown weeds in any yard area visible from public property.”
‐ Person
‐ Owning or occupying property in the city
‐ Maintain overgrown weeds in any yard area
‐ Visible from public property
KNOW YOUR CODES!Person
‐ Owning or occupying property in the city
‐ Maintain overgrown weeds in any yard area
‐ Visible from public property
“On August 14, 2007 at approximately 9:00 a.m., while standing on the public sidewalk, I observed numerous overgrown weeds in the front yard area of the Subject Property.”
“I reviewed Wonderland County Tax Assessors records and determined the Subject Property is owned by Nancy Nuisance.”
KNOW YOUR CODES!
Courts / administrative hearings
Courts / hearings = not the time to learn your codes.
You are the investigator with primary responsibility for enforcement of local codes. You are expected to know your codes by:
The public
The courts
Other enforcement agencies
Your boss.
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Q & A
THANK YOU!
Contact Information
Chris Wiggins
email: chriswiggins2009@yahoo.com
Phone: 530‐383‐2905
*****The information and contents of this presentation are not to be copied, reproduced, printed, published, posted, displayed, incorporated, stored in or scanned into a retrieval system or database, transmitted, broadcast, bartered or sold, in whole or in part without the prior express written permission of the sole author, who is, unless otherwise denoted, Chris Wiggins and/or Municipal Compliance Consultants. Unauthorized duplication or use is strictly prohibited and is an infringement of national and international copyright laws. © 2001 ‐ 2013
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