NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL

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NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL CHAPTER: O-401 SUBJECT: Preliminary Investigations REVISED: August 14, 2009 EFFECTIVE DATE: September 8, 2007

violations of Title XIII. It has for its objective the successful identification, apprehension and prosecution of these offenders.

1 NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL CHAPTER: O-401 SUBJECT: Preliminary Investigations REVISED: August 14, 2009 EFFECTIVE DATE: September 8, 2007 DISTRIBUTION: Sworn Personnel APPROVED: Director Eddie Edwards Discussion: One of the most basic and important functions of the NH Division of Liquor Enforcement and Licensing is the investigation of violations of Title XIII. It has for its objective the successful identification, apprehension and prosecution of these offenders. The ultimate success or failure of this effort is closely related to the immediate response and the investigator s action taken at the time that an offense is first brought to their attention. This initial activity, the preliminary investigation, is often crucial to the conclusion of the case. The preliminary investigation should never be treated as a routine matter; it takes place at an early and critical stage and may have a wide range of ramifications. For example, the initial efforts of the investigator often serve as a valuable tool in aid of determining guilt or innocence, the preliminary investigation may turn up information that is useful in solving other crimes, and it serves as a vital link between the crime and the subsequent in-depth investigation. The purpose of this policy is to establish guidelines for members conducting preliminary investigations. It is the policy of the NH Division of Liquor Enforcement and Licensing that preliminary investigation is generally the responsibility of the investigator. These individuals are relied on because of their availability and capability of providing prompt and efficient services at any time of the day or night. Division investigators are more likely to be familiar with the particular area where a crime occurs. The investigator s can also be effective in apprehending the criminal at or near the scene. The major purpose of the preliminary investigation is to gather information. Information may be obtained from "things" (physical evidence) or from persons (testimonial evidence). Neither source should be overlooked. Nonetheless, in seeking information, the investigator should conduct the investigation within the bounds of the law and with all due respect to the persons and property with which he comes in contact. He must act with cautious expediency, with diligence, and with a desire to effectuate the O-401: 1

2 investigative function within the comminvestigatory. Initial Response: PROCEDURES A. Investigators shall proceed promptly to a crime scene but shall do so in a safe manner. An investigator shall not proceed to a crime scene unless: 1. They are specifically dispatched to respond (other investigators should remain on the perimeter to assist in the apprehension of the offender or perform other duties as directed), or; 2. The crime occurs or is discovered within the assigned area of the investigator, or; 3. The investigator is generally responsible for initial investigation work. B. The investigator, as he approaches the scene, shall be alert for any signs of suspicious activity, especially evidence of a fleeing criminal, and should be alert for a preliminary description or other useful information from the dispatcher. C. The investigator first arriving on the scene shall be in command and conduct the preliminary investigation subject, however, to the limitations set forth in the section entitled Yield of Command. D. The investigator shall immediately determine the necessity of medical or first aid for any injured person at the scene. 1. Immediate aid should be rendered by the investigator and the appropriate medical assistance should be obtained. E. When he has determined that an offense has occurred, the investigator may then seek to arrest/cite the offender if there is a reasonable likelihood that the offender can be apprehended. Some of the factors, which may be considered in determining whether or not the investigator should leave the scene, are: 1. The nature of the crime; 2. The time of day or night; 3. The location of the crime; 4. The lapse of time between the crime and arrival at the scene; 5. The availability and extent of an immediate description; O-401: 2

3 On Scene Activities: 6. The availability of other investigators to effectuate the arrest. F. The investigator, as soon as practicable under the circumstances, shall communicate to the dispatcher the following information: 1. The nature of the crime; 2. A description of the offender and direction of travel that he fled; 3. A description of the vehicle, if any; 4. Whether or not the offender is or may be armed. The dispatcher, upon receiving this information, shall broadcast it to other police agencies if appropriate. A. The investigator shall secure the scene and preserve evidence. B. Physical evidence shall not be touched or moved unless it is absolutely necessary to ensure its preservation. The investigator shall be liable for the unavailability or destruction of evidence due to his own lack of diligence or improper activity. C. The investigator will photograph the scene, if appropriate. D. The investigator will dust for latent fingerprints, if appropriate. E. The investigator shall note and record any evidence that may relate to the crime. 1. The investigator may request additional assistance to process the scene, if necessary. A supervisor will be consulted prior to calling off-duty members in. F. Unauthorized persons shall not be permitted to enter the scene. 1. Unauthorized persons shall mean any civilian or law enforcement members not necessary for the continuation of the investigation. G. The investigator shall locate, identify and interview witnesses. 1. Witnesses shall be separated to ensure independent statements. 2. Witnesses should be questioned as soon as possible and in a quiet area if available. H. To promote the success of the interview, the investigator should bear in mind: 1. The peculiar characteristics of witnesses that will affect their statements (for example, hysteria, belligerence, evasiveness, etc.). O-401: 3

4 2. His own demeanor (for example, patience, tact, reassurance, etc.). I. The investigator will observe the following minimum standards for interviewing witnesses: Observations and Notes: 1. Questions should be simple and in plain language. 2. Only one question at a time should be asked. 3. Avoid questions that imply answers. 4. Avoid sarcasm, rudeness or antagonism. 5. Avoid interruptions. A. The investigator will maintain notes and, as a minimum, make notes of the following data: 1. Time of arrival. 2. Weather conditions. 3. Approximate time of the crime and by whom and when it was discovered. 4. Identity of other investigators/police personnel present. 5. Information concerning physical evidence. 6. Name, address, date of birth and telephone number (home and work) of the victim(s) and/or witnesses. 7. Hour, date and location of the interview. 8. Description of the criminal, especially unusual characteristics (scars, limp, etc.). 9. Description of the automobile, if any. 10. Statements as to what the victim(s) and/or witnesses heard or observed. A verbatim statement, written by the victim and/or witnesses should be obtained in all personal injury misdemeanors or felonies. 11. Important measurements and a crime scene sketch, if appropriate. 12. Any other information the investigator believes may be useful in the apprehension of the criminal. O-401: 4

5 Checklist: A. The following checklist summarizes the duties of an investigator conducting a preliminary investigation. Yield of Command: 1. Arrest the perpetrator, if possible. 2. Arrange for the immediate pursuit of the perpetrator(s) if flight is recent contact dispatch to have marked police units pursue suspect if possibility of immediate capture is likely. 3. Provide the best possible description of perpetrator(s) to dispatcher with method and direction of flight and whether armed and/or dangerous. 4. Care for the victim if medical attention is necessary. 5. Carefully protect crime scene from intrusion or change and preserve all physical evidence. 6. Seek witnesses and direct that they remain at scene until questioned. 7. Identify all persons present and record names, dates of birth, addresses and telephone numbers. 8. Listen for and note any unguarded remarks made by witnesses or others present at the scene. 9. Make inquiry of neighbors and bystanders as to their knowledge of activity on the vicinity. 10. Note and record conditions at crime scene such as exact time of incident, the time of the initial report, who made the report, weather, visibility, street lighting, and all other pertinent information. 11. Upon arrival of a superior investigator or detective who will continue the investigation in more depth, inform them of information obtained and the immediate steps that have been taken. 12. Return to normal duties as soon as practical and make a written report of all that was observed and learned during the preliminary investigation. A. The investigator shall yield command of the investigation upon the arrival of: 1. A higher ranking investigator, or; 2. An investigator or other investigator in charge of investigations except when the O-401: 5

6 arriving investigator is of lower rank, or; 3. When so ordered by a supervisor. B. The transfer of the investigation to the follow-up investigator shall include, but is not limited to, a transfer of the following information: Reports: 1. The name of the victim(s) and witnesses. 2. A description of the offender and automobile, if any. 3. The identity and location of physical evidence. 4. Any other data that may be of immediate assistance. A. Upon completion of the preliminary investigation, or when responsibility for it is yielded, or upon completion of his tour of duty, the investigator who conducted the preliminary investigation shall file a report, on department forms, concerning his activities. 1. The report shall be concise, accurate and complete. 2. The report, at a minimum, will contain the information outlined in the section entitled "Observations and Notes" and any other relevant facts and observations that would be useful in solving the crime. 3. If the investigation is a larceny or burglary, the last page of the report will contain an accurate, detailed list of all stolen property. If appropriate, the information will be entered into NCIC. B. The following report forms are required to be submitted by the investigator conducting a preliminary investigation: Follow-up Investigations 1. Call For Service. 2. Initial Investigation Report Form (crime report) or Arrest Report, if appropriate. 3. Supplemental Report. 4. Property Tag, if appropriate. 5. Written statement form, if appropriate. A. The following procedures should be used in conducting follow-up investigations, to O-401: 6

7 include at a minimum: 1. Reviewing and analyzing all previous reports prepared in the preliminary phase, departmental records, and results from laboratory examinations; 2. Conducting additional interviews and interrogations; 3. Seeking additional interviews and interrogations; 4. Seeking additional information (from uniformed police officers, informants); 5. Planning, organizing, conducting searches, and collecting physical evidence; 6. Identifying and apprehending suspects; 7. Determining involvement of suspects in other crimes; 8. Checking suspects criminal histories; and 9. Preparing cases for court presentation. B. These procedures should be used only in the event they are found to be necessary. For example, every follow-up investigation may not include a search. This directive is only intended as a guide and is not all-inclusive. Investigators should realize that maintaining contact with principals in any investigation is valuable in building public confidence in the agency as well as indicating that the law enforcement investigators are genuinely concerned about the welfare of the victim and other citizens associated with the case. O-401: 7

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. EFFECTIVE DATE: 1 January 1999 PAGE 1 OF 12

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY POLICY AND PROCEDURE # 77 SUBJECT: Investigative Division EFFECTIVE DATE: 1 January 1999 PAGE 1 OF 12 REVIEW DATE: 30 November 2017 APPROVED: