CASPER POLICE DEPARTMENT City of Casper, Wyoming JAMES L. WETZEL 201 North David Street 1 st Floor Casper, Wyoming 82601 4 January 2017 Department Procedure 17-01 FROM: SUBJECT: Law Incident Records Management Procedures for Officers and Detectives. 1. This procedural directive establishes and prescribes how Law Incident records are to be managed and/or generated by officers and detectives. 2. In an effort to ensure a properly maintained and managed Records Management System (RMS), it is imperative and critical that a common standard concerning the creation of Law Incident records be applied and enforced. Past and current practices have been incongruent, and have resulted in the inability for the Department to accurately identify, assess, and report operational activity. The following standard shall be applied when determining how and under what circumstances Law Incident records (CR#s) are to be created for incidents. 3. When an officer or detective requests the creation of a CR#, the officer or detective must clarify the reporting genesis/origin of incident; e.g. a citizen initiates the report vs an officer/detective s subsequent investigation and/or response initiates the need for a CR#. This information is to be captured by PSCC personnel in the How Received field of the Spillman Call Taker s screen. The following How Received categories shall be used: a. 911 (9) - Calls originating from 911. b. Telephone (T) Calls originating on an administrative phone line from any individual or entity, who is not an on-duty Casper Police officer/detective. This would include a call from DFS c. In Person (P) - Calls originating from any in person contact with an individual or entity, who is not an on-duty Casper Police officer/detective; i.e. an officer is flagged down by a citizen to report a hit and run that just occurred. d. Officer Initiated (O) - Calls originating/initiated from an on-duty Casper Police officer/detective s self-initiated activity; i.e. Traffic Stop. e. Response Initiated (R) - Calls originating/initiated from an on-duty Casper Police officer/detective s investigative initiative subsequent to an initial/dispatched call response. Administration (307) 235-8225 Records (307) 235-8300 Investigations (307) 235-8286 Communications (307) 235-8278 FAX (307) 235-8229 Website www.casperwy.gov
4. Unless otherwise identified in this procedural directive, the National Incident Based Reporting System (NIBRS) standard shall be the basis for defining an incident that requires the issuance of a CR#. An "incident" is defined as one or more offenses committed by the same offender, or group of offenders acting in concert, at the same time and place. a. Acting in Concert requires that the offenders actually commit or assist in the commission of the crime(s). The offenders must be aware of, and consent to, the commission of the crime(s); or even if non-consenting, their actions assist in the commission of the offense(s). If one or more of the offenders did not act in concert, then there is more than one incident involved. b. Same Time and Place means that the time interval between the offenses and the distance between the locations where they occurred were insignificant. Normally, the offenses must have occurred during an unbroken time duration and at the same or adjoining location(s). However, incidents can also be comprised of offenses which by their nature involve continuing criminal activity by the same offender(s) at different times and places, as long as the activity is deemed to constitute a single criminal transaction. c. Case Examples i. Scenario 1: 1. Officers are dispatched to a robbery at a bar. Officers arrive and learn that two suspects are responsible. The investigation reveals that during the robbery Suspect #1 began to rape a victim in a bar. Suspect #2 told Suspect #1 to stop and only rob the victim. 2. In this example, there should be only one CR# (the originally dispatched CR#), as under the acting in concert provision there was only one incident with two offenses, i.e. - Robbery and Sex Assault. Although Suspect #2 did not consent to the rape, by displaying a gun he prevented someone from coming to the victim s assistance and thereby assisted in the commission of the crime. Officers should document all reports, log all evidence, and add all involvements under the original CR#. This is one incident with two offenses; both suspects are connected to both victims. ii. Scenario 2: 1. Officers are dispatched to a robbery at a bar. Officers arrive and learn that two suspects are responsible. The investigation reveals the two suspects, forced the bartender to surrender money from the cash register at gunpoint. The suspects also took money and jewelry from three customers. Suspect #1, in searching for more customers to rob, found a female customer in the rest room and raped her there without the knowledge of Suspect #2. Suspect #1 and #2 then leave. CR# for the Robbery; and an additional CR# created (Response Initiated) for the Sex Assault. The Sex Assault CR# would be connected to the Robbery CR#. All responding officers reports should be logged under the Robbery CR#; only evidence specific to the Sex Assault (i.e. Sex Assault kit) should be logged under the Sex Assault CR# (it is understood that some potential evidence obtained from processing the robbery scene would also be substantiating evidence in 2
the Sex Assault case thus the Sex Assault CR# is connected to the Robbery CR#). A Detective would be assigned the Robbery under the Robbery CR#; the same or different Detective would then also be assigned the Sex Assault under the Sex Assault CR#. iii. Scenario 3: 1. Officers are dispatched to a Family Fight. Officers arrive and learn a domestic argument escalated from a shouting match between a husband and wife to an aggravated assault during which the husband began beating his wife with a baseball bat. The wife, in her own defense, shot and killed the husband. CR# for the Family Fight (which turned out to be an Aggravated Assault), and an additional CR# created (Response Initiated) for the subsequent Homicide. The Family Fight CR# would be connected to the Homicide CR# since the suspect is dead in the Family Fight and all primary investigatory action will be centered around the Homicide. All responding officers should document all reports, log all evidence, and add all involvements under the Homicide CR#. iv. Scenario 4: 1. Officers are dispatched to a Loud Party. Officers arrive and encounter numerous juveniles, six of which have been identified as drinking and will be issued citations. The owner of the residence and host of the party is 22 yoa; she is to be cited for contributing alcohol to minors. One of the six juveniles to be cited for MIP is further determined to be in possession of a bag of marijuana, and has been smoking from a glass mj pipe that is subsequently in the possession of an additional 19 yoa subject (the juvenile and 19 yoa subject were smoking separate room away from everyone else. CR# for the Loud Party, under which all MIPS and Contributing to Minors citations would be issued; and an additional CR# created (Response Initiated) for Drugs. The Drugs CR# would be for the juvenile possession citation, as well as the arrest of the 19 yoa for possession. The Drugs CR# would be connected to the Loud Party CR#. All responding officers should document all reports/citations, log all evidence, and add all involvements for the MIPs and Contributing under the Loud Party CR#. The arrest affidavit and citation for possession, as well as the drug evidence would all be logged under the Drugs CR#. v. Scenario 4a: 1. Same scenario as above; however, three juveniles are encountered outside. The 22 yoa party host locks out the officers, preventing them from getting into the residence. Officers additionally smell marijuana coming from a bedroom window of the residence. Officers obtain and execute a search warrant, the scope of which includes alcohol and marijuana. In the residence they find three more juveniles and the 22 yoa home owner in the living room which is scattered with beer bottles; all have been drinking. In the back bedroom they find two additional individuals (another juvenile and a 19 yoa male), who have been smoking and possess marijuana. The 19 yoa male has a warrant for his arrest. 2. In this example, there should be three CR#s: the originally dispatched CR# for the Loud Party, under which all MIPS and Contributing to Minors citations would be 3
issued; an additional CR# created (Response Initiated) for Drugs for both the juvenile possession citation and the possession arrest of the 19 yoa male; and a third CR# (Response Initiated) for the 19 yoa male s arrest warrant. The Drugs and Warrant CR#s would be connected to the Loud Party CR# (but NOT to each other). All responding officers should document all reports/citations (to include the search warrant), log all evidence, and add all involvements for the MIPs and Contributing to Minors under the Loud Party CR#. The arrest affidavit and citation for possession, as well as the drug evidence would all be logged under the Drugs CR#. vi. Scenario 5: 1. Officers are dispatched to a suspicious person at 0200 appearing to be checking vehicle door handles in a residential neighborhood. Officers respond and locate Suspect #1 actively burglarizing a vehicle. A second subject, Suspect #2, is located 1½ blocks away parked in his personal vehicle; he is ultimately found to associated with Suspect #1 and taking part in the same activity. Six vehicles are determined to have burglarized in a 4 block radius. Suspect #2 is additionally found to be in possession of methamphetamine. Furthermore, Suspect #2 and his vehicle match the description of a road rage-instigated assault that took place earlier in the evening. Investigation confirms Suspect #2 is the perpetrator of the earlier aggravated assault; it is further determined Suspect #1 was not present or involved in the earlier assault by Suspect #1. 2. In this example, there should be three CR#s: the originally dispatched CR# for the Suspicious; an additional Drugs CR# created (Response Initiated) for Suspect #2; and the third Assault CR# created earlier in the evening for the road rage assault. All burglaryrelated documentation (to include the arrest affidavits for both Suspect #1 and #2) and evidence would be logged under the Suspicious CR#. The Drugs CR# would be connected to both the Suspicious and Assault CR#s (but the Suspicious and Assault CR#s should NOT be connected to one another). The drug evidence would be logged under the Drugs CR#; the possession charge would be included on Suspect #2 s burglary arrest affidavit and would reference the Drugs CR#. All evidence, reports, and other investigative documentation concerning the agg assault would be logged under the Assault CR#. Detectives and supervisors would have to ensure deconfliction and appropriate investigative separation between the two cases (Assault and Burglary). 5. In order to obtain a better understanding of officer-initiated activity associated with Traffic Stops and due to records coding considerations, officer-initiated Traffic Stops are an exception to the NIBRS standard of CR# creation. All Traffic Stops will generate a CR# (Officer Initiated). Any subsequent separate and distinct enforcement action by the officer NOT related to a traffic violation and/or other original reason for the stop shall generate an additional CR# (Officer Initiated). a. Case Example. i. Scenario 1. 1. An officer initiates a traffic stop on a vehicle for running a stop sign. The officer contacts the driver, who provides what is later determined to be a false name and additionally found to be DUS; there is also a passenger in the vehicle. The odor of marijuana is detected emanating from the vehicle. Ultimately, the driver is arrested for DUS and interference 4
and cited for running stop sign; the passenger for possession of marijuana and an outstanding arrest warrant. 2. In this example, there would be three CR#s: the original Traffic Stop CR# for the citation and arrest of the driver; an additional Drugs CR# (Officer Initiated); and a Warrant CR# (Officer Initiated). Both Drugs and Warrant CR#s would be connected to the Traffic Stop (but NOT to each other). The driver arrest affidavit would be logged under the Traffic Stop CR#. The passenger arrest affidavit and associated drug evidence would be logged under the Drugs CR#. 3. Scenario variation: There was no passenger, no odor of marijuana, and the driver also had an arrest warrant; however, during a search incident to arrest of the driver for DUS/Interference/Warrant, methamphetamine was found on the driver. There would still be three CR#s: the original Traffic Stop CR# for the citation and arrest of the driver; an additional Drugs CR# (Officer Initiated); and a Warrant CR# (Officer Initiated). Both Drugs and Warrant CR#s would be connected to the Traffic Stop (but NOT to each other). The driver would be booked into jail for all charges under the Traffic Stop CR#. Everything (to include the drugs) would be logged under the original Traffic Stop CR#. 6. The procedural directive is effective immediately and applicable to all members the Police Department. J. L. WETZEL 5