Criminal Investigations Policy
Policy text
Source details
Source file: 2.08 Criminal Investigations Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
01PDF page 1Read textHide text
Policy & Procedures No. 2.08
Subject:
Criminal Investigations
Issuing Authority: Effective Date: Review Date:
Chief of Police 1/12/2015 10/19/2023
References:
Review
Revision 03/11/2015
Reissued 05/23/17
Dates: 02/09/2020
CALEA STANDARDS
42.1.1 42.1.4 42.2.2 42.2.5 43.1.1 43.1.4 42.2.0
42.1.2 42.1.5 42.2.3 42.2.6 43.1.2 55.1.1 2.1.4
42.1.3 42.2.1 42.2.4 42.2.8 43.1.3
_____________________________________________________________
Purpose It shall be the policy of the Canton Police Department to conduct criminal
investigations for the purpose of clearing crimes by arrest/or complaint; to
prosecute law breakers; and to recover stolen property.
Whenever members of this department conduct an investigation that requires the
interrogation of a suspect, or an interview connected therewith, all constitutional
and statutory rights guaranteed under the law shall be afforded to the individual.
The Canton Police Department will ensure that there is a screening of all reported
offenses to assure adequate follow-up investigation whenever appropriate.
Procedure
I. Uniform Patrol Conducting Preliminary Investigations 42.1.4 (1A)
Most preliminary investigations will be conducted by members of the patrol force
since they are usually the first persons to arrive at the scene and can start the
investigation without delay. Patrol officers should pursue the initial investigation
at the scene until such time that it seems unlikely to produce additional benefits.
It may frequently be possible and desirable for patrol officers to conduct limited
follow-up investigations of some crimes. It is the policy of the Canton Police
Department to train, authorize, and encourage members of the patrol to follow up
on cases they were initially dispatched to. Officers who take this initiative will
become a better police officer. Many times the name of a perpetrator may be
known and an interrogation while the incident is still fresh and before evidence of
Canton Police Department’s Criminal Investigations Policy Page 102PDF page 2Read textHide text
a crime can be destroyed, may be advantageous. Minor larcenies and assaults,
and other misdemeanors not requiring specialized expertise, are examples of
crimes that may be followed up by preliminary investigating officers.
A. Guidelines For Conducting PRELIMINARY Investigations
All officers assigned to conduct a preliminary investigation shall make every
effort to obtain as much information as possible during this stage of the
investigation. It will frequently be possible to bring an investigation to a
satisfactory conclusion at this point, thus lessening the need for a follow-up
investigation. 42.2.2
The first officer assigned to a preliminary investigation shall: 42.2.1 (2A-G)
1. Ascertain if the suspect is still in the area and if armed; A
2. Proceed to the scene promptly and safely; P
3. Render assistance to the injured; R
4. Effect the arrest of the criminal; E
5. Locate and identify witnesses; 42.2.1 (2B) L
6. Interview the complainant and witness; 42.2.1 (2E,F) I
7. Maintain crime scene and protect the evidence; 42.2.1 (2C) M
8. Interview or Interrogate the suspect(s); 42.2.1 (2G) I
9. Note all conditions, events, and remarks; 42.2.1 (2A) N
10. Arrange for the collection of evidence; 42.2.1 (2D) A
11. Report the incident fully and accurately; R
12. Yield the responsibility to the follow-up investigator. Y
B. Serious Or Complex Investigations 42.1.4
Serious or complex preliminary investigations requiring special handling shall
be assigned to investigative personnel when delay will not hamper the
investigation. On such occasions, the uniformed officers should protect the
scene from contamination and request a specialist at once. It should be
recognized that exceptions should be made when it is advantageous to have
investigators in plain clothes respond initially. When determining whether or
not to conduct a follow-up investigation, the officer shall consult with his/her
supervisor who shall consider the following circumstances:
1. Seriousness of the crime;
2. Whether delay will make the investigation more difficult
3. Workload of the shift on duty; and
4. Number of personnel presently on duty.
C. Criminal Investigation Procedures
Whenever practicable, members of the department shall follow the below
listed procedures when investigating a crime committed, or an incident which
has taken place requiring police action:
Canton Police Department’s Criminal Investigations Policy Page 203PDF page 3Read textHide text
1. Information Development
The primary purpose of a preliminary investigation is to identify and arrest
the offender, when appropriate and consistent with the law. This is
usually accomplished by the gathering of information. Information may
be obtained from physical evidence as well as from people or testimonial
evidence. Both sources should be used. An investigating officer should
always conduct an investigation within the bounds of the law and with all
due respect to the persons and the property with whom he comes in
contact with.
Investigating officers should maintain a notebook and, at a minimum, take
the down the following information:
a. Time of assignment/arrival;
b. Weather conditions, when pertinent to the investigation;
c. Approximate time of crime, and by whom and when it was discovered;
d. Identities of other officers present;
e. Name, address, telephone numbers (including cell phone) of the
victim(s) and/or witnesses;
f. Hour, date, and location of the interview;
g. Description of the suspect, particularly unusual characteristics such as
past violent behavior;
h. Brief statements as to what a witness saw or heard;
i. Important measurements and a crime scene sketch, when warranted;
j. List of property and valuables taken or destroyed, if known;
k. Any other information the officer believes may be useful in
apprehending the criminal. 42.2.1 A
2. Major Crime Occurrences
Patrol officers responding to a major crime occurrence shall immediately
notify the Shift Supervisor, who shall respond to the scene and notify or
cause to notify necessary investigative personnel. 42.1.4
a. Investigators shall be available to respond to a major crime 24 hours a
day, seven day a week. 42.1.1 (1I, III)
b. There shall be a posted schedule of investigators who are on call.
c. The schedule shall be posted in the dispatch area and in the Criminal
Investigation Unit as well. 42.1.1
In the event that there are no detectives on duty, the Shift Supervisor shall
notify the OIC of the Criminal Investigative Unit (CIU) or his/her
designee who shall determine if a response by detective bureau personnel
is necessary.
3. Unattended Death
In cases of suspicious sudden death or homicide, the Shift Supervisor or
the desk officer shall notify a member of our CIU, the Office of the
District Attorney and the Office of the Medical Examiner. After each
notification is made, a log entry will be made by the desk officer or Shift
Canton Police Department’s Criminal Investigations Policy Page 304PDF page 4Read textHide text
Supervisor. In some instances, a family member may request a member of
the clergy or a particular funeral home. Every effort should be made to
accommodate this request. (Refer to Policy, Dead Bodies)
4. Rape and Sex Related Crimes
In cases of rape and sex-related crimes, the Supervisor in charge of the
Family Services Unit (FSU) will be notified. In addition, a member of the
CIU will be notified if one is working at that time. If an officer trained
and assigned to the FSU is already on duty, he/she may begin the
preliminary investigation. If not, and an officer in the CIU is working,
he/she will start the investigation.
II. Case Management and Controls
A. Assigning of Case Investigations / Follow-up
When assigning case investigations to personnel, Shift Supervisors will
consider any specialized skill, knowledge, or ability that may be needed in the
investigation of such case, and assign the case to the appropriate investigator.
Such specialized skills may include, but are not limited to: fingerprint
technology, photography, juvenile offenders, rape and sexual abuse
investigation and arson investigation. 42.1.2; 42.1.4 (1B)
B. Case Status
The Officer in Charge of the CIU and FSU shall supervise the status of case
assignments and shall ensure there’s an administrative designation for each
case. He shall designate the status of the case in the IMC System. (See
Records Policy for further information) 42.1.3 (3 A,B)
C. Criteria For Suspending Investigative Efforts
A designation of INACTIVE shall not be made without the evaluation by the
investigating officer of the following: 42.1.2
1. Absence of further leads or solvability factors.
2. Unavailability of investigative resources.
3. Negative interviews with victims/witnesses.
4. Inconclusive physical evidence found at the scene of the crime/incident.
5. The exhaustion of all other information sources.
6. The degree of seriousness of the offense/incident.
Solvability Factors in a case would include, but not be limited to, clear video
footage, accurate witness statements, and physical evidence of the crime.
In all cases, the case officer shall obtain the approval of the OIC of the CIU
prior to the suspension of investigative efforts.
Canton Police Department’s Criminal Investigations Policy Page 405PDF page 5Read textHide text
D. Crime Victim Notification Of Status
It shall be the responsibility of the assigned investigator to personally notify
the victim of a major crime of any changes in the status of a case. An official
notification shall be made in person, by telephone, or by mail. The
notification to the victim shall be made whenever the case changes from
PENDING INVESTIGATION to INACTIVE or UNFOUNDED. Adequate
explanation of the reason for the change shall be made to the victim by the
assigned investigator. The investigator making the victim contact shall note
this on his/her report (See Victim/Witness Policy). 55.1.1
E. Case File Maintenance
All original active investigative reports and statements including preliminary
investigative reports, records of statement, the results of any examinations of
physical evidence and the case status reports shall be maintained and filed in
the CIU or FSU depending on the nature of the crime. 42.1.3 (3C)
Files may be removed from the case file drawer by the case officer, by the
Court Liaison Officer, or by other CIU/FSU personnel for any legitimate
purpose. No case file shall be removed from its depository without a “sign
out” card system being used. The assigned case number shall be the incident
number assigned to the file at the time it is originated. These files shall not be
made public in accordance with Canton Police Department Regulations.
42.1.3 (3D)
Confidential cases involving rape and sexual assaults shall be maintained in a
separate limited access file cabinet in the FSU. This file cabinet shall be kept
locked at all times when not in actual use and access to the keys shall be
limited to rape investigation officers and the OIC CIU/FSU. All other cases,
when closed or suspended, shall be periodically consolidated into the central
records system. 42.1.3 (3D)
F. Investigative Case Control System
The OIC’s of both the CIU and FSU shall maintain, or cause to be maintained,
a recorded case status control system. The information contained therein shall
include the case number, the subject matter, the investigator assigned, and the
administrative designation of the case, as required (e.g. open, suspended or
closed). 42.1.3 (3A,B)
G. Case-Screening System/Solvability Factors
Cases to be followed-up will be determined by the OIC CIU or FSU, or his
designee, who shall base such determination on factors such as the degree of
seriousness and solvability factors of the case in addition to the specialized
skill, knowledge and ability of the investigating officer. 42.1.2
H. Case Progress Reporting
Investigators will periodically report the progress of investigations assigned to
them to the OIC CIU or FSU, or his designee. Such reports shall be made at
the convenience of the OIC. It shall be the responsibility of such Supervisor
to determine if additional resources shall be expended in the investigation of
such cases.
Canton Police Department’s Criminal Investigations Policy Page 506PDF page 6Read textHide text
I. Case File Types and Purge Process
Investigative files will be maintained in the case file draw cabinet located in
the CIU or in the FSU, depending on who is investigating the case. The
investigative files will be maintained in the active section and remain there
until the case has been investigated to a conclusion as determined by the OIC
CIU/FSU. Upon the conclusion of the investigation (if it is suspended or
closed), the files will be removed and shredded or consolidated into the
central records system. The files destruction shall be conducted under the
direction of the OIC CIU/FSU, and in accordance with all applicable Mass.
Gen. Laws and the state’s Records Retention Schedule. 42.1.3 (3E)
III. Follow-Up Investigations
Follow up investigations are usually the result of the report review process.
The criteria used to determine if a follow-up investigation will be conducted
includes, but is not limited to, the nature and seriousness of the offense,
solvability factors, and the availability of department resources.
It shall be the responsibility of the OIC CIU/FSU, or his designee, to
determine how many investigators are assigned to any particular investigation,
and how many hours is expended thereon. 42.1.4
Renewable resources, such as photographic supplies, fingerprint equipment,
videotapes, and other equipment and supplies, may be used during the course
of the investigation at the discretion of the individual investigator. Such use,
however, shall be periodically monitored by the OIC CIU/FSU, or his
designee.
A. Principal Investigator
Any supervisory officer of the CIU or FSU who assigns a follow-up
investigation shall designate one particular investigator as the Principal
Investigator/Case Officer. The pertinent information on the case, along
with the Principal Investigator’s name, shall then be entered into the
Department’s computer. This process will provide for appropriate
accountability for each case.
B. Guidelines For Conducting Follow-Up Investigations
At the discretion of the OIC CIU/FSU, the following listed procedures
should be used as a guide when conducting complicated investigations.
Investigators shall conduct as thorough an investigation as possible,
including as many of the following steps as appropriate, although all of the
steps may not be necessary in every investigation: 42.2.2; 42.2.3
1. Review and analyze all previous reports prepared in the preliminary
phase; 42.2.2 (2A)
2. Conduct additional interviews with victims, witnesses, reporting
parties, and preliminary investigating officers, if necessary; 42.2.3(2D)
Canton Police Department’s Criminal Investigations Policy Page 607PDF page 7Read textHide text
3. Conduct interviews and/or interrogations of all suspects; 42.2.2 (2D)
4. Review departmental records for incidents of a similar nature for the
purpose of developing a suspect; 42.2.2 (2B,I)
5. Review results from laboratory examinations; 42.2.2 (2C)
6. Seek additional information from informants or from officers from this
and neighboring police agencies 42.2.2 (2E)
7. Plan, organize, and conduct crime scene searches for the purpose of
gathering additional physical evidence 42.2.2 (2F,G); 42.2.1 C
8. Check criminal records of potential suspects; 42.2.2 (2J)
9. Identify and apprehend suspects; 42.2.2 (2H)
10. Interview apprehended suspects in order to determine involvement in,
and clearance of, other crimes; 42.2.2 (2I)
11. Arrange for dissemination of pertinent information obtained to other
components and agencies, as appropriate;
12. Assist the Assistant District Attorneys in preparing cases for court
presentation; 42.2.2 (2K)
13. Assist in prosecution of cases in District or Superior Court.
14. Document in a timely manner, in the Department’s computer system,
all relevant investigative measures that have been completed.
C. Field Report/Investigative Checklist
To ensure that critical factors are not overlooked, an investigative
checklist listing the above steps will be available for the investigator. The
Form will be used at the discretion of the OIC CIU/FSU. 42.2.4
D. Second Contact/Victims, Witness, Complainants
Investigators shall maintain a policy of a “second contact” with principals
involved in a case requiring a follow-up investigation whenever possible.
The contact should be timely to ensure the building of public confidence
in the department, as well as indicating a genuine concern about the
welfare of the victim and others involved in the case. This procedure may
result in the receipt of information leading to the clearance in a case.
Canton Police Department’s Criminal Investigations Policy Page 708PDF page 8Read textHide text
E. Investigative Task Forces
Whenever it is necessary for this Department to form a task force to deal
with a particular crime, type of crime, or series of incidents, a
memorandum and/or an Operational Plan shall be issued explaining the
activities of the task force 42.2.5
The memorandum and Operational Plan will identify: the purpose of the
unit; the commanding officer; define the authority, responsibilities and
written agreements of the task force; a starting and ending date; and the
requirement that the commanding officer of the task force submit a report
to the OIC CIU/FSU at the conclusion of the assignment evaluating its
results and giving recommendations. 42.2.5 (3A,B,C,D,F,FI)
In the event that the task force will involve a lengthy assignment, the
officer assigned to the task force will report verbally to the OIC CIU/FSU
or the Chief’s designee at least every two months, and more frequently if
necessary, on the status of the task force. The OIC CIU/FSU shall
determine, based upon the circumstances, if any written report will be
required. The Chief of Police will ultimately decide resources expended
on all task force activities. Based upon the reports received, the Chief of
Police will evaluate the results and determine whether participation in the
task force shall continue. 42.2.5 (3F)
These procedures will apply for multi-jurisdiction task forces as well.
An exception to this procedure shall be whenever the assignment of
personnel to a task force is of a confidential nature. 42.2.7 D,E
F. Background Investigations
Background investigations may be used for criminal investigations,
employment, or licensing purposes. Investigations of this nature shall be
conducted discretely and with special precautions.
The use of information and the purging of records shall be the
responsibility of the OIC CIU/FSU, unless the background check was
made as a result of the request of another licensing agency.
The use of information obtained shall be limited to legitimate law
enforcement functions, and shall only be disseminated on a need-to-know
basis within the department. Approval for dissemination of licensing
and/or employment background investigation information to an agency
outside the police department shall be obtained from the Chief of Police or
his designee. Upon conclusion of an investigation, only that information
specific to a criminal case shall be kept, and such information will be
maintained in a secure fashion. 42.1.3 (3C)
Canton Police Department’s Criminal Investigations Policy Page 809PDF page 9Read textHide text
IV. Interviews/Interrogations 42.2.1 B
A. Interrogations
All officers shall strictly adhere to the policy of the department prior to
any interrogation of suspects. Miranda warnings shall be given to
persons subjected to custodial interrogations in an unhurried manner to
assure that the suspect has heard and understood what constitutional
and statutory rights he or she is entitled to. Miranda warnings shall be
read from an approved Miranda Card or from a Canton Police
Department Miranda Form. A suspect who requests that aid or
presence of an attorney shall not be questioned until the attorney is
present, regardless of when the request is made. A suspect’s request to
summon, meet with, or speak to his attorney shall not be delayed or
denied. 44.2.0 (2C,D,E); 44.2.3
It should be remembered that a waiver of Miranda warnings may be
suppressed because of language understanding difficulties, youthful
age of the suspect, mental health condition, and drug or alcohol
consumption by the suspect, wounds, shock or other medical
impairment, and the lack of a clear, understanding, intelligent, and
competent waiver.
No coercion, threats, or promises shall be used under any condition to
obtain a confession, statement, or admission from any individual.
The officer may take voluntary statements after a valid waiver of
Miranda warnings, or whenever a voluntary statement is made when
the Miranda warnings are not a prerequisite for admissibility in court.
When a suspect voluntarily makes a statement, officers do not have to
prevent him from continuing to talk. Voluntary statements:
1. Are those not made in response to questioning by an officer;
2. Are statements made by a suspect of his or her own free will;
3. May be taken after a suspect is in custody and before or after
actual interviews or interrogations, so long as the statements are
clearly voluntary. 42.2.1
4. Interview Techniques 42.2.0 (2A)
To promote the success of the interview, the investigator should
remember that peculiar characteristics of witnesses may affect their
statements (for example; hysteria, belligerence, evasiveness, age,
etc.), and that the officer’s own demeanor- the use of tact, patience,
reassurance, etc. – is very important. When conducting an
interview or an interrogation, officers shall do so in an area in
Canton Police Department’s Criminal Investigations Policy Page 910PDF page 10Read textHide text
which distractions are limited or eliminated. The following
minimum standards for interviewing will be maintained:
a. Questions should be simple and in plain language;
b. Only one question at a time should be asked;
c. Avoid questions that imply an answer;
d. Avoid sarcasm, rudeness, or antagonism;
e. Avoid interruptions. 42.2.1 B
5. Technical Aids For The Detection Of Deception
Technical aids for the detection of deception may be used in an
investigation if appropriate. The Canton Police Department will
seek assistance from other law enforcement agencies that have
detection of deception devices, and investigators trained and
certified for operation of such devices as necessary. Examiners
must be graduates of institutions providing training for this
purpose. A copy of the Examiner’s Certificate is to be included in
the Case File. 42.2.6 (1A,B,C)
No unauthorized personnel shall be allowed to use such technical
aids for investigations.
V. Court Prosecutions
The ultimate goal when an investigation is conducted is to identify, arrest, or bring
into court by means of a complaint, and assist in the successful prosecution of, the
offender in a court of law. 42.2.2 (2H)
All suspects who are arrested by means of this department shall be arraigned as soon
is reasonably possible following the arrest.
A. Court Dismissals
In the event that any action is dismissed in court, or the prosecutor declines to
prosecute because of alleged mishandling by a Canton Police Officer, the OIC of
the CIU/FSU shall review the case and take immediate corrective action by
personally speaking to the officer involved. If the OIC is satisfied that the officer
understands his error and that is will not be repeated, this action will be sufficient.
The Lieutenant that oversees that Unit shall be made aware of the court action and
the follow-up action with the involved officer.
In the event that the particular Lieutenant feels that the error has resulted from a
fault in the policies and procedures of the Canton Police Department, he shall
refer the matter to the Deputy Chief for appropriate review.
Canton Police Department’s Criminal Investigations Policy Page 1011PDF page 11Read textHide text
B. Habitual/Serious Offenders
Definition of Habitual Offender
For the purposes of this procedure, a habitual offender shall be defined as anyone
twice convicted of a crime and sentenced and committed to prison, in this or in
any other state, or once in this state and once in another state, for terms of not less
than three years each, and does not show that he had been pardoned for either
crime on the grounds that he was innocent, shall, upon conviction of a felony, be
considered a habitual offender.
In order to be more effective and efficient in the prosecution of habitual and
serious offenders, the Court Liaison Officer will use the following criteria:
1. Those individuals charged with:
a. Crimes of violence;
b. Serious repeat offenders;
c. Crime posing the greatest threat to the public, and fall under Mass. Gen.
Law, Chap. 90, Sec. 22F;
Will be identified and designated as habitual or serious offenders.
2. It will be the responsibility of all officers to inform the department Court
Liaison Officer if they know or have reason to believe an individual is a
habitual offender. It will be the responsibility of the Department Court
Liaison Officer to check with the probation department on the status of the
offender and to take appropriate action, such as obtaining complaints and/or
having citations written that are warranted. The Department Court Liaison
Officer is to also notify the District Attorney of the offender’s status.
VI. Shift Briefing
Because of the importance of sharing information with offices on patrol,
detectives will attend the morning and afternoon roll calls unless they are
previously assigned to other duties by the OIC CIU/FSU. Detectives will brief
patrol officers on important cases and activities of the detective bureau and/or the
Family Services Unit. 42.2.4
VII. Drugs, Vice, Gangs and Organized Crime
A. Coordination 2.1.4
The OIC of CIU will coordinate the intelligence and operational activity
including safety plans with the Department and with outside agencies such as
DEA and ATF for Drugs, Gangs, Organized Crime and Vice Control
functions. This will be accomplished through the Criminal Investigative Unit
as they will have the overall responsibility for enforcement activities, and will
receive, coordinate, and share intelligence information related to these
functions with other law enforcement agencies. 43.1.4 (1A,B,C)
Canton Police Department’s Criminal Investigations Policy Page 1112PDF page 12Read textHide text
B. Files
Because of the highly sensitive nature of the information and intelligence
received regarding Drugs, Organized Crime and Vice, all substantiated
investigations and activity reports shall be filed independently from the
normal offense reports/central records system. These reports shall be filed in
the Investigative Feature in IMC. Hard copies and case folders will be
secured in an independent file cabinet, one in CIU and one in FSU. Access to
these reports will be limited to Superior Officers and those officers working in
CIU or FSU. 43.1.1 (2B); 43.1.2 (1A,B)
When upon review or investigation, information or intelligence is found to be
unverified, misleading, obsolete, or otherwise unreliable; the OIC CIU/FSU
shall purge the material from the files. 43.1.2
C. Investigation
All complaints received by the Department regarding Drugs, Gangs, and
Organized Crime or Vice activity shall be analyzed by the OIC CIU in order
to determine if the need for investigation exists. This analysis process should
be based on: 43.1.1 (2A)
1. Whether the original intelligence information is valid;
2. What the criminal nature of the problem is;
3. The importance of the problem with relation to the community;
4. The existence of lead information;
5. The investigative techniques which will be required;
6. The resources needed internally and externally; and,
7. The potential operational problems.
A record of all complaints received by this agency will be maintained by the
OIC CIU. The complaint information will be included with each case folder
regardless of whether it is being investigated or is ruled out. 43.1.1 (2B)
The responsibilities for both the preliminary and follow-up investigations lie
with the Criminal Investigation Unit. All officers or employees who receive
complaints or reports of Drug Sales, Gang Activity, and Organized Crime or
Vice activity shall obtain as much information as possible. Detectives
assigned to investigate Drug Sales, Gang Activity, and Organized Crime or
Vice activity shall submit reports as needed and as determine by the OIC CIU.
43.1.1 (2E)
D. Information to Department Personnel
As a general rule, information regarding Organized Crime and Vice
Operations will be withheld from offices until such time as the OIC CIU
decides that their involvement is necessary for successful disposition of a
matter. All officers should understand that this policy is required due to the
confidentiality that is ordinarily needed to achieve success.
Canton Police Department’s Criminal Investigations Policy Page 1213PDF page 13Read textHide text
E. Liaison With Other Agencies 2.1.4
The OIC CIU may act as liaison with other agencies such as DEA and ATF
regarding Organized Crime or Vice activity operations or he/she may
designate a detective to perform that function. A record of all information
received from outside and conveyed to agencies and their liaisons will be
maintained by the OIC CIU and available for review at any time by the
Lieutenant in Charge of CIU, the Deputy Chief or the Chief of Police. 43.1.1
(2C, 2D); 43.1.4 (1A,B,D)
F. Undercover or Decoy Operations
Decisions to conduct covert or overt operations shall be made by the OIC CIU
with the approval of the Lieutenant in charge of CIU based on evaluations of
the investigative evidence. This includes surveillance activities and
equipment and possible use of informants involving formally organized
outside investigative units such as the Mass State Police Organized Crime
Unit, the FBI and any other specially formed task force. It involves
coordination and cooperation with federal, state, or county prosecution units.
The OIC of CIU will coordinate the intelligence and operational activity
including safety plans with the Department and with outside agencies. The
OIC of CIU will supervise all CPD officers during these operations. 43.1.1
(2E); 43.1.4 (1A,B,C,F)
If an Organized Crime or Vice control activity requires the use of these ploys,
it shall be the responsibility of the OIC CIU to enlist the assistance of a larger
agency which has established criteria, experience, and personnel trained for
this type of operation. The Mass State Police Organized Crime Unit and the
FBI are two agencies CPD can turn to for assistance. This shall be done with
the knowledge and approval of the Chief of Police. 43.1.4 (1A,B)
G. Raids
The OIC CIU must grant authorization for any planned Drug, Organized
Crime or Vice control raids. The Lieutenant in charge of CIU will have
knowledge of all planned raids. He/she will act as supervisor or coordinator,
or will designate a detective to do so.
All planned raids must have a pre-determined plan that will include: 43.1.4 (1
C)
1. Making sure of the legalities of affidavits and search warrants, and
obtaining them;
2. Developing strategies and plans for approaching, entering, searching, and
leaving the target; (Note, Use of Force will always be as according to
Policy)
3. Selecting the necessary equipment and personnel required to affect the
raid such as night vision goggles, binoculars, and equipment used to look
under locked doors;
4. Develop a reliable communications plan;
Canton Police Department’s Criminal Investigations Policy Page 1314PDF page 14Read textHide text
5. Preparing for the processing of potential arrests and evidence control by
ensuring the proper back-up personnel and transportation equipment is
available;
6. Arranging for evidence gathering and control;
7. The selection and outlining of responsibilities for any specialized support
units such as the Mass State Police. Ensure communication capability
with these units;
8. Anticipating the potential need for medical assistance, and ensuring
documentation of this assistance;
9. Conducting a de-briefing and critique session with all involved personnel
upon completion.
• If the NORPAC Task Force is utilized for any of the four listed operations;
surveillance, undercover, decoy and raid operations, the NORPAC Guidelines
will be followed in addition to Canton PD’s Rules, Regulations and Policies and
Procedures. 41.3.4 (1A)
- See Enclosed Addendum
-
H. Unit Reports
The detective in charge of the investigation shall submit a written report to the
Chief of Police, the Lieutenant in charge of CIU, and the OIC CIU as needed
and called for regarding Drug, Organized Crime or Vice Control activity
including any surveillance, undercover and/or decoy operations. This report
shall include and summarize all complaints, intelligence, and arrests. 43.1.1
(2D, 2E); 43.1.4 (1D)
I. Equipment Use, Authorization and Control 43.1.3
All officers within the Canton Police Department are authorized to use any of
CPD’s surveillance and undercover equipment that is available; members of
the CIU have primary usage. (5A) Such equipment includes but is not limited
to: Covert Camera, Night Vision Goggles, and the Pin Hole Camera. Each
officer is to sign out and in each piece of equipment used (being sure to
include date and time). (5B) This equipment will only be used for legitimate
police purposes as authorized. (5C)
If our agency does not have a piece of equipment that is needed, the OIC CIU
will be notified and made aware. He, or his designee, will request the use of
that equipment from another agency. Only those officers assigned by the OIC
CIU will have the authority to use another agencies’ equipment. Written
documentation of such use will be made in the individual case file noting the
date and time of such use(s) and the officer(s) using the equipment. In
addition, the date the equipment was returned will be noted in the file.
Another agencies’ equipment will only be used for legitimate police purposes
as authorized. Examples of other agencies that have assisted CPD in the past
have been the Mass State Police, Plymouth County Sheriff’s Office, Boston
P.D. and Milton PD. 43.1.3 (5A,C)
Canton Police Department’s Criminal Investigations Policy Page 14