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Subject: Operation
& Management of Criminal Investigations |
Series Number
Change 304 01 Effective
Date October 11, 1987
Revision
Date * |
The purpose of this order is to:(1) establish
procedures for the Initial documentation and investigation of reported criminal
offenses; (2) fix specific responsibility for the follow-up investigation of
reported criminal offenses; and(3)establish procedures for effective management
review, control, and direction of criminal cases and investigative resources.
Units within the Criminal Investigations Division may, at the discretion of
the Commander, adopt in whole or in part, the Management control procedures
prescribed in this order. The Morals Division, Intelligence Division, and the
District Vice and Gambling Units shall be exempt from the provisions contained
in this order. This order consists of the following parts:
PART I Responsibilities and Procedures for Members
of the Department
A.
Initial
Investigations.
B.
Follow-up
investigations.
PART II Responsibilities and Procedures for Special
Assignment Personnel
A. Communications Division.
B. Telephone Reporting Unit.
c. Station Clerks.
PART III Responsibilities and Procedures for
Supervisory and Command Personnel
A. Investigative Review Officers.
B. Case Status Classifications.
C. Field Sergeants.
D. investigative
Section Sergeants.
E. Investigative Section Lieutenants.
F. Director, Internal Affairs Division.
G. District Commanders.
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PART I
A. Initial
Investigations.
1. The initial investigation begins when the first police officer
arrives on the scene, and shall continue until all necessary activities have
been performed at the crime scene, and transfer of the case from the initial
investigating Officer to an investigative unit will not jeopardize the Opportunity
for the immediate apprehension of an offender.
2. The
officer assigned to perform the initial investigation shall be responsible for
accomplishing the following tasks upon arriving at the crime scene:
a. Provide
aid to the injured.
b. Determine
whether an offense or Incident has actually occurred.
c. As
soon as possible furnish other field units, through the dispatcher,
Communications Division, with the physical description, method of flight, and
any other relevant information on involved subjects or vehicles.
d.
Safeguard
the crime scene against the loss or contamination of possible evidence.
e. As necessary, and required, arrange for the response of a crime
scene search officer, or the Crime Scene
Examination Section.
NOTE: Crime scenes shall not be processed in
misdemeanor cases except in the following instances:
(i) “Theft” from a motor vehicle where the vehicle
Is still on the scene (except when conditions render the obtaining of evidence
Impossible, such as inclement weather or the passing of several days between
the offense and the report).
(ii) Where a pattern of crime is indicated.
(iii) Where a suspect is known.
(iv) Closed cases (except shoplifting).
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(v) Where the officer making the report either observes,
or believes, there is Identifiable evidence at the scene, or believes a search
would benefit the Investigation of the crime.
f. Canvass the area around the crime scene to
locate possible witnesses to the offense, or persons who may have information
that might be essential to a follow—up Investigation.
3. A
member from the appropriate unit of the Criminal Investigations Division or the
Internal Affairs Division shall be requested at the following crime scenes:
a. Deaths
of a violent or suspicious nature, or deaths when no doctor is In attendance
(Homicide Branch).
b. Critical
Injury assaults where the victim may die (Homicide Branch).
c. Rapes
and attempted rapes (Sex Offense Branch). The Sex Offense Branch shall be
notified of all other sex offenses.
d. All
bombings, arsons and explosions (Burglary, Arson and Pawn Section). The
Burglary, Arson and Pawn Section shall be notified on all bomb threats and
fires of suspicious origin.
e. Burglaries
for which there is a loss of $10,000 or more (Burglary, Arson and Pawn
Section).
f. Robberies,
as defined under 1-5—2-e (Robbery Branch).
g. kidnappings
and attempted kidnappings (Robbery Branch).
h. Extortion
(Robbery Branch).
i. Any
offense Involving the financial systems of the District Government, arrests of
District employees. “contractor” fraud arising from and pertaining to District
programs and Operations, and cases involving the conduct of District of
Columbia Government officials and employees (including police officers) growing
out of and connected with their employment where conditions may threaten the
Integrity of the District of Columbia Government (Internal Affairs Division).
‘The term "contractor" here means
any individual or corporation engaged in a contractual agreement with the
District Government.
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4. Upon completing the initial investigation, the
reporting officer shall, in addition to completing a PD Form 251 (Event
Report), prepare the following:
a. PD
Form 252 (Supplement Report), ensuring that each of the listed solvability
factors are thoroughly and completely addressed and documented.
b. PD
Form 252-B (Suspect and Victim information), ensuring that all data categories
applicable to the case are addressed.
c. PD Form 374 (Witness Canvass Card), which is
to be left in an appropriate location at the residence of a possible witness
who may not have been home during the canvass of the neighborhood.
5. When the services of a technician of the Crime
Scene Examination Section are not required, the officer making the report,
and/or conducting the initial investigation, shall arrange through the radio
dispatcher for the services of a district crime scene search officer. In the
event that no district crime scene search officer is available, the
investigating officer shall record the assignment in the district Crime Scene
Search Assignment Log.
6. Investigators who respond to the scene of the offense
and assist in canvassing and interviewing witnesses shall present all obtained
information to the reporting officer for entry on PD Form 252.
7. Upon completing all activities, and thoroughly
documenting all available information at the crime scene, the Initial
investigating officer shall submit report forms to his/her immediate supervisor
for review.
8. Should an investigation prove that a false
police report was given, the report, No. and / or investigating officer shall
consider charging the person making the report with ‘False Report" (as
prescribed by D.C. Code 22-2514). Members shall consult an official before
placing such charges.
9. Members who have Questions concerning the
prosecution of specific cases shall Consult with the Supervisor, Case Review
Section, Court Liaison Division.
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B. Follow-up
Investigations.
1. The objectives o’ the follow-up investigation
are to: (1) accumulate sufficient information and evidence to provide probable
cause for effecting an arrest; and (2) recover stolen property for return to
its lawful owner. Basic tasks involved in the follow-up investigation are:
a. Collection, analysis, and evaluation of
evidence.
b. Identification and apprehension of the
offender. A PD Form 118 (Defendant/Suspect Statement) shall be used in all instances
where it is necessary to take a statement from a defendant or Suspect.
c. Interviewing
victims or witnesses. A PD Form 119 (Complainant
/ Witness Statement) shall be used in
all instances where it is necessary to take a statement from a complainant or
witness.
d. Recovery of stolen property.
e. Preparation
of investigative reports. All organizational elements (except Morals Division,
Intelligence Division, and District Vice and Gambling Units) preparing
Investigative reports for inclusion in the element’s investigative progress
file shall utilize a PD Form 123 (Report of Investigation) and a PD Form 123—A
(Continuation Report). Morals Division, Intelligence Division, and District
Vice and Gambling Units preparing investigative reports shall continue to
utilize a PD Form 854 (Investigative File Report) and a PD Form 854-A
(Continuation Report).
NOTE: Members
are reminded that once an investigative report is prepared, it becomes the
property of the Metropolitan Police Department, and neither it, nor Its content,
may be disseminated to unauthorized personnel or agencies.
f. Preparation
of the case for presentation to court, including the execution of a court case
jacket for all arrests.
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2. The
Criminal Investigations Division shall be responsible for the follow-up
investigation o’ the following reported offenses:
a. Burglary,
Arson and Pawn Section.
(1) Burglaries
with a loss value of $10,000 or more; burglaries involving other
jurisdictions; and burglaries involving hotels and motels, regardless of loss
value.
(2) Theft
1 offenses occurring on hotel and motel property.
(3) All
arsons, explosions, bombings, found incendiary devices, bomb threats, and
suspicious fires.
(4) All
offenses, and/or violations of regulations, relating to the operations of
pawnshops and second-hand dealers.
b. Check and Fraud Section.
(1) Under the Theft Statute:
(a) Embezzlement
type offenses
(b) Traditional
confidence games (bank examiner scheme, three card monte, handkerchief switch,
pigeon drop,
etc. ).
(c) Consumer
fraud schemes.
(d)Larceny by trick type crimes (felony
and pattern offenses).
(2) Fraud 1 and Fraud 2.
(3) Forgery.
(4) Uttering.
(5) Blackmail.
(6)
Bribery
(excluding those Investigations involving
District Government officials and
employees).
(7) Credit
card fraud.
(7)
Bad
check cases.
(8)
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c. Homicide
Branch.
(1) All deaths except traffic.
(2) Assault with intent to commit armed robbery,
rape, burglary, kidnapping or murder, where a critical Injury has occurred and
the victim is not expected to survive.
(3) Criminal abortion and attempted criminal
abortion.
d. Major
Violators Section.
Fugitive cases,
except those cases Involving juveniles which are processed under the provisions
of the Interstate Compact on Juveniles.
e. Robbery
Branch..
(1) All robberies, attempted robberies, or
conspiracy to commit robbery of the following:
(a) Armored Cars
(e.g., commercial
vehicles hired to transport monies).
(b) Federal Facilities
(e.g., government
buildings, military Installations, government messengers).
(c) Federally insured institutions
(e.g., banks,
savings and loan institutions, unions, and messengers of these institutions).
(d) U.S. Post Office buildings and property (e.g.,
mail trucks, trains, airplanes, mail carriers, and all post office buildings).
(e) Offices and facilities of the D.C. Government.
(f) Commercial robberies, to include vehicles and
operators.
(g) Proprietors or their authorized representative
carrying business receipts (e.g., checks or cash) to or from their place of
business.
(2) Extortion.
(3) Kidnapping.
NOTE: Persons arrested by Patrol Operations units
for offenses falling under the investigative responsibility of the Robbery
Branch shall be trans— ported directly to the Robbery Branch for processing.
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f. Sex
Offense Branch.
(1) Assault with intent to commit rape.
(2) Bigamy.
(3)
Carnal
knowledge.
(4) Forcible sodomy, and sodomy with a juvenile.
(5) Incest.
(6) Indecent acts against children.
(7) Kidnapping, with sexual overtones.
(8) Rape.
(9) Seduction, by teacher.
NOTE: The Watch Commander, Youth Division, shall be
notified of all sexual 1 assaults against juveniles.
3. The
Director, Internal Affairs Division, has been designated to as liaison between
the Metropolitan Police Department and the Office of the inspector General, and
shall be responsible for conducting and completing investigations of the
following offenses;
a. Bribery, attempt bribery, and other criminal
misconduct involving District government officials and employees.
b. Investigations involving the financial
systems of the District government.
c. Arrests of any District employee(s) s) or
contractor(s) s) for:
(1) Any offense related to the financial systems of
the District of Columbia;
(2) Fraud arising from and pertaining to, District
programs an: operations; or
(3) Cases involving white collar crime.
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NOTE: A member shall promptly notify, through his /
her watch commander, the Director, Internal Affairs Division, he / she
initiates an investigation, or executes an arrest, relative to any of the above
offenses.
4. District Investigative Sections shall be responsible
for process and, as appropriate, conducting a follow-up investigation on the
following offences:
a. All felonies not specifically assigned to the
Criminal Investigations Division, and
b. All misdemeanors.
5. District Investigative Sections may investigate
offenses that are assigned to the Criminal investigations Division, provided
that:
a. The district commander has specifically
instructed that his / her investigative section become involved.
b. The assigned member of the District
Investigative Section has notified the appropriate branch of the Criminal
Investigations Division of his / her involvement.
c. A copy
of all follow-up reports prepared on the case is forwarded to the appropriate
branch of the Criminal Investigations Division as soon as possible.
6. Any member of the force may participate in the follow-up investigation of a case when:
a. He/she
specifically makes a request to an Investigative Section supervisor to assist
the investigator assigned the case.
He/she
has, or is capable of acquiring, information and/or knowledge that would
contribute to the possible closure of the case.
b. He/she
prepares a PD Form 252 relating to the assignment.
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7. For each case assigned for follow-up within the District Investigative Sections, a PD Form 375 (Case Resume) shall be completed by the assigned investigator. The PD Form 375 ‘s designed to reflect, for easy reference, all follow—up activity performed on a case. All activities cited on the PD Form 375 as having been performed shall be expanded upon in greater detail on PD Form 252. The PD Form 375 and Form 252 shall De submitted, through the investigators immediate Supervisor, to the District's Investigative Review Officer (IRC), by the date indicated on the PD Form 375, or sooner in the event the case is closed or all possible leads have beer exhausted.
8. Investigators who are reassigned a case previously returned shall document the activities performed or new PD Forms 252 and 375, and return both to their immediate Supervisor by the indicated return date appearing on PD Form 375.
9. when the identity of an offender ‘is known, but the complainant(s) will not prosecute, the investigating officer shall either summon the complainant(s) to the office of the appropriate prosecutor and present the facts of the case, or have the complainant(s) state, in writing, on PD Form 119 the reason for not desiring to prosecute the case. In such cases the ‘investigating officer shall be guided by the decision of the reviewing prosecutor.
10.
Investigators
assigned to the Criminal Investigations Division and District Investigative
Sections shall, by the fifth day of each month, prepare an applicable PD Form
50 (Monthly Activity Report) reporting their activities for the preceding
month. These reports shall be submitted for review and approval to the official
in charge of the branch Or section to which the investigator is assigned.
11.
After
review and approval by the official, the PD Form 50 shall be filed, by month, at the branch or Section to which the reporting investigator is assigned.
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PART II
A. Communications
Division.
1. Upon receiving a call that a kidnapping or
extortion attempt has occurred, the dispatcher receiving the call shall obtain
the following information:
a. Complainant’s current location.
b. Number of hostages being held, if any.
c. Drop site or meeting place, if given.
d. Mode of transportation being used by
complainant, Including type of auto, tag number, and color, if known.
e. Home address and telephone number of
complainant.
f. Schools attended by children of complainant.
g. Type of threat received and amount of money
demanded.
h. Time limit given for drop.
2. After receiving the above information, the
dispatcher shall contact a member of the Robbery Branch and provide that
element with the information obtained.
a. In those Instances when there is no member of
the Robbery Branch available to respond to the scene of the kidnapping or
extortion attempt, the dispatcher shall send to the scene any available
unmarked unit assigned to the district in which the incident occurred.
b. Members operating marked scout cars and
cruisers shall be directed to remain clear of the area involved.
B. Telephone
Reporting Unit.
1. Upon executing a PD Form 251 (Event Report),
members assigned to the Telephone Reporting Unit (TRU) shall also prepare, to
the extent possible, a PD Form 252.
2. Members assigned to TRU shall advise
complainants that the reported case will be referred to the appropriate
district for evaluation. Members shall not inform complainants that the
case will be assigned to an investigator for follow-up.
3. Complainants shall be given the CCN assigned
the report and the telephone number of the IRO at the district to which the
report will be referred.
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C. Station
Clerks.
1. Station
clerks shall maintain a current list of all crime scene search officers
assigned to their element, and shall make such names available upon request.
2. Upon
receiving PD Forms 251, 252, and 252—B, station clerks shall forward the
reports to the IRO for review.
3. All
subsequent PD Forms 252 prepared In conjunction with a follow-up
Investigation, or as a correction to the original report, shall be processed in
the manner prescribed In paragraph two above.
4. It
shall be the responsibility of station clerks to ensure that an original PD
Form 252 is attached to all PD Forms 251 on which an offense is reported,
prior to forwarding the PD Forms 251 to the Information Processing Section,
Data Processing Division.
PART III
A. Investigative
Review Officer.
1. The
investigative Review Officer (IRO) shall be responsible for receiving and
reviewing all report forms relating to a reported offense, i.e., PD Forms 251.,
252, and 252-B. Upon receipt of these reports, he/she shall:
a. Verify
that the offense has been properly classified. Should he/she determine that the
facts contained in the offense report do not support the offense
classification assigned, the report package shall be returned to the Watch
Commander of the section from which the report was originated for correction
by the officer who conducted the initial Investigation.
b. After
reviewing all information contained on PD Forms 251, 252, and 252-B, prepare a
PD Form 383 (Investigative Review Officer's Case Assessment Worksheet), to
determine the proper investigative priority for the case, and the potential closure
value points to be credited upon the successful closure of the case.
c. After
determining the priority level and closure value of the case, and identifying
to whom the case Is to be assigned for follow-up, make the necessary entries
relating to the case or. PD Form 381 (Investigative Case Management Record).
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d. Issue
to the assigned Investigator a PD Form 375, and copies of PD Forms 251, 252 and
252-B.
e. Ensure
that an entry is made on PD Form 381 reflecting the outcome of all cases
assigned for follow-up investigation.
f. Review
all PD Forms 384 (Office Assignment Case Interview Report) generated on office
assigned cases and, when sufficient information has been developed to warrant
a follow-up investigation, prepare a new PD Form 383 to determine the revised
priority classification and closure value points developed from the office
inquiry. Ensure that the proper entries are made on PD Form 381 to reflect the
new status of the case.
g. Maintain
all investigative case files, end prepare PD Form 386 (Investigative
Performance Report) by the tenth day of each month on the unit’s ‘investigative
activities during the preceding month for submission to the commanding officer.
B. Case
Status Classification.
1. it
shall be the responsibility of field supervisors and the IRO to review, as
applicable, all offense and investigative reports, and to designate the current
status of the case by checking the appropriate block or PD Forms 251 and 252
when performing their review of the respective reports.
2. The
status of case reports shall be classified in accordance with the following
guidelines:
a. "Open
Cases" - Cases may be considered "open" when additional
investigation Is required to accumulate additional evidence, to identify the
perpetrator, or to effect an arrest.
b. "Closed
Cases" - Cases are considered "closed" when a person is
arrested, charged with the commission of the offense, and presented to the
court for prosecution, even though two or more individuals were jointly
involved in the commission of the offense.
(1) Although the identity of an offender is
essential before the case can be closed, a number of exceptional conditions,
not resulting in arrest, can "close" an offense report. These cases
are limited to the following:
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(a) Suicide
of the offender.
(b) Double
murder (two persons kill each other).
(c) Deathbed confession (the offender dies after
making the confession).
(d) Confession by an offender already in custody
or serving sentence.
(e) Offender
killed by the police.
(f) An offender is prosecuted In another
jurisdiction (you attempt to return him for prosecution, but the other
jurisdiction will not release him to you).
(g) Extradition is denied.
(2) Multiple
closures shall be listed on a single PD Form 252 using Continuation Reports as
necessary.
(a) The
offender must be specifically associated with each case closed. General
statements, based on such things as similar modus operandi, same offense
locations, offender identification, etc., shall not be sufficient in themselves
for justifying multiple
closures.
(b) Where
an offender has been identified, and there is corroborating evidence, the case
shall be presented to an Assistant U.S. Attorney.
(c) In
the event the Assistant U.S. Attorney declines to prosecute, a general
statement that the case lacks prosecutive merit shall not be acceptable for
closing the case.
(d) Officials
reviewing multiple closures shall ensure that the complaint number, the date of
original and supplemental reports, the district of occurrence, the offense, the
value of property recovered, and or the value of property not recovered, and
specific reasons why the Assistant U.S. Attorney declined to prosecute are
listed for each case closed.
NOTE: The
recovery of property does not close at offense report. In all cases ‘in which
recovered property is the only result, it shall not be sufficient for closing
the case.
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c. "Suspended "Cases" - Cases may
be Unsuspended by officials when every reasonable avenue of Investigation has
been pursued and exhausted. Under such circumstances the case shall not be
"closed." Although active work on the case is discontinued,
additional information Such as new evidence, arrest of a suspect on a
subsequent case, etc., may be forthcoming and should be pursued at that time.
d. Unfounded Cases - An official may classify a
report unfounded" when an Investigation proves the report to be
groundless, that is, the offense or Incident has never been attempted or
committed.
3. When an investigator successfully closes
multiple cases through an arrest, or information developed from a prisoner or
suspect interview, the Investigator shall be credited with the gravity of the
offense points applicable to each case closed, I.e., S points for a felony, or
3 points for a misdemeanor.
4. When no charges are instituted by an
Assistant U.S. Attorney, and the identity of the offender is known to the
police, the reviewing official may exercise his/her own discretion as to
whether the case shall be closed, held open, or "suspended,"
depending on the available facts surrounding the case.
5. When the identity of an offender is known, and
a warrant/indictment has been obtained, the IRO shall make the proper
"outcome" notation on PD Form 381, and credit the closure points
assigned the case to the responsible investigator if there is reasonable cause
to believe the offender has fled this jurisdiction or area. The case shall not,
however, be "closed."
C. Field Sergeants.
Field sergeants shall be responsible for the supervision and
management of the following investigative tasks:
1. Ensuring that a complete and thorough initial
Investigation has been conducted, and for reviewing, approving, or returning to
the Initial investigating officer for correction reports that are incorrect or
incomplete. Field sergeants shall certify the correctness and completeness of
reports by affixing their signature on PD Forms 251 and 252.
2. Responding to the scene of major/serious
offenses and supervising the activities of the initial investigating officer in
performing all required investigative tasks, and determining the need for
additional or specialized resources to respond and assist in accomplishing all
possible and necessary tasks at the crime scene.
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3. Ensuring that all information gathered by
technicians and/or investigative personnel present at the crime scene is made
available to the initial investigating officer for inclusion in his/her initial
report.
4. Monitoring the performance and activities of
officers under his / her supervision, who consistently submit initial
investigative reports having no solvability factors identified, for possible
further training In the methods of interviewing and conducting an effective
initial investigation.
D. Investigative
Section Sergeants.
1. Sergeants
shall monitor all assignments to investigators under their supervision to
ensure that cases are progressed within the prescribed time period. Sergeants
may authorize extensions to an Investigation when there is reason to believe
the case may be successfully closed through such effort. When there is no
reason to believe that further Investigative effort beyond the initial due
date would lead to a successful closure of the case, sergeants shall suspend
the case by making the appropriate entry on PD Form 252.
2. Sergeants
shall maintain a PD Form 385 (Investigator’s Case Assignment Log) for each
Investigator under his/her supervision. Each case assigned to an investigator
shall be recorded on the Individual’s PD Form 385, along with the ultimate outcome
of the case. A new PD Form 385 shall be prepared each month, reflecting an
investigator’s case assignments during the month. Prior to the fifth of each
month, sergeants shall prepare a PD Form 386 (investigative Performance Report)
covering the preceding month’s activities from the entries on each individual
PD Form 385 maintained by him/her, and submit the form to the IRO, who shall
then compile the reports received from each sergeant into one cumulative report
on the activities and performance of the section during the preceding month.
3. When
directed by the commanding officer to participate in the Investigation of a
case that is the investigative responsibility of the Criminal Investigations
Division, sergeants shall carry the case as an “assignment” for the
investigator, or investigators, assigned to the case. The case shall be treated
and recorded in the same manner as all other district assigned cases.
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E. Investigative
Section Lieutenants.
1. The
lieutenant in charge of the district’s Investigative Section shall be
responsible for the direction and control of all activities occurring within
the section, and for closely monitoring the case suspension file.
2. The
lieutenant shall ensure that all supervisors under his/her supervision are
familiar with the methods and procedures of the IRO position, In order to
perform this role in the absence of the district’s designated IRO.
3. The lieutenant shall assign, or rotate, an
Investigator to an office desk for the Purpose of verifying” information
contained in case reports designated as "office assignments." In
those instances where the "follow-up verification” of an office assigned
case reveals that the initial investigating officer may have failed to properly
report all the facts provided him/her at the time of the initial investigation,
or failed to perform tasks that would have reasonably beer expected for the
offense involved, the lieutenant shall refer the matter to the officers
immediate superior for review and appropriate action.
F. Director, Internal Affairs Division.
The Director,
Internal Affairs Division, shall ensure that the Office of the Inspector
General Is notified of each investigation pursuant to Part IB of this order.
Such notifications will not be required when It might endanger the safety of
personnel, or otherwise have a potentially adverse impact upon the investigation.
G. District Commanders.
1. Commanders shall designate an official assigned to the Investigative Section to serve as their district’s Investigative Review Officer.
2. Commanders shall closely monitor all elements
of the Investigative system within their district toward ensuring that the
application of the system is in accord with the provisions of this order and
the service needs of the community.
3. Commanders shall ensure that at least one
crime scene search officer is available on each tour of duty, insofar as
possible.
