basic investigative techniques and officer safety icc...

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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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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


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.


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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C lear

‐ Language used:

‐ Simple, common, every day words

‐ No slang / profanity unless an exact quote

‐ Abbreviations


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).


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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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


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


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: [email protected]

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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