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162 Cards in this Set

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When should an officer issue a victim's rights brochure?
A victim of any crime shall be provided a victim's rights information card or brochure that contains essential information concerning the rights of the victim and services available to the victim as required by law. The officer should present all victims wht a "Victim Rights Brochure" as per F.S. 960.001.
If somone is a victim of a domestic violence situation what is the officer required by law to do?
If the situation is a domestic violence situation, the officer should present the "Domestic Violence - Legal Rights and Remedies" brochure as per F.S. 741.29. The victim must sign a receipt for the domestic violence brochure, which the officer will place in the incident report.
If someone is a victim of a sexual battery what is the officer required by law to do?
If the situation involves a sexual battery the officer should present the "Sexual Battery - Victim's Rights and Services" brochure from the Florida Council Against Sexual Violence as per F.S. 794.052.
Is there a pro-arrest policy in regards to domestic violence situations?
If, after thorough investigation, an officer develops probable cause that a domestic violence crime was committed and the suspect is present, an arrest should usually be made. Most employing agencies have pro-arrest policies that make arrest mandatory if probable cause exists.
Define dating violence.
Dating violence is violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the following: (1) The existence of the relationship within the past 6 months; (2) The relationship is characterized by the expectation of affection or sexual involvement.; (3) The frequency and type of interaction must occur over time and on a continuous basis during the course of the relationship.
When should an officer photograph injuries resulting from a domestic violence situation?
Physical evidence is very important in domestic and dating violence investigations and an officer should photograph and document it carefully. It may be necessary for an officer to return in 24-48 hours to take additional pictures of the victim to fully document any bruising. Physical evidence can help solve a case involving uncooperative witnesses. Evidence can also help to corroborate the accounts of witnesses or participants.
Under what circumstances should an officer make an arrest in a domestic violence situation?
Except in rare circumstances, an officer should arrest only the primary aggressor. An officer should use the following factors to determine who was the primary aggressor: (1) Compare physical evidence to statements; (2) Compare visible and invisible injuries to statements; (3) Consider evidence or patterns of assault and coercion (including physical, sexual, and psychological abuse); (4) Compare victim, witness, and suspect statements; (5) Assess the verbal and nonverbal communication of the parties involved; (6) Consider emotional state, relative size, and feafulness of involved parties; (7) Consider violent physical acts (who damaged property...injured animals...ripped phone off wall); (8) Does the injury fit the story of the person claiming self defense?
What are some possible courses of action an officer could suggest to paties in a domestic violence situation when arrest isn't a viable option?
(1) Obtain counseling; (2) Act on information provided on handouts covering domestic and dating violence and injunctions; (3) Seek assistance from social service agencies the officer refers them to. (4) In order to keep the peace, one party leaves. The officer can coordinate the change by arranging transportation or safe haven.
What paperwork is necessary to complete a domestic violence call?
If an officer does not make an arrest in a domestic violence incident he or she is required to document this incident indicating in a full report why the officer made no arrest. In doing so, the officer assumes, as does his or her agency a certain amount of liability should the parties reengage in violence and injury occurs. The victim must also sign a receipt for the "Domestic Violence" brochure, which the officer will place in the incident report.
Define domestic violence.
As defined in F.S. 741.28...Any assual, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
How do police officers and DCF child protection team investigators work together?
The majority of the time, an officer's response to dispatch will be to meet with or escort a representative from the DCF to the scene. The DCF representative will conduct a social services investigation. The officer's job will be to conduct a criminal investigation. One of the officer's responsibilities is to provide security while the civilian conducts his or her social services investigation.
What steps should an officer take when conducting an initial investigation alleging child abuse or neglect?
Child abuse investigations are time sensitive. Upon arrival, the officer should survey the scene for evidence of alleged child abuse or neglect. If an officer cannot establish where the incident occurred, he or she must treat the entire area as a crime scene. When searching the home for children, the officer may learn that an individual is hiding a child. While securing the scene the officer should identify all parties and their relationships to one another, to include parents, caregivers, or guardians. Preliminary questions should be asked to identify victims, witnesses, and suspects and to determine allegations made by the complainant. When the officer has identifying information, he or she should contact dispatch, and ask for wants/warrant checks and criminal histories of household members and others involved.
What should an officer keep in mind prior to conducting an interview wiht a juvenile?
There is a statutory limit on the number of interview conducted with a child victim. The officer should refer to local agreements or agency policyon interviewing procedures. F.S. 914.16 has set guidelines and limits on interviewing child abuse or sexual abuse victims who are under 16 years old. The limits also apply to persons who are mentally retarded. The purpose of these limitations is to protect the victim form psychological damage caused by repeated questioning about a traumatic incident.
When an officer initiates contact with a victim of child abuse or neglect he should...?
If an officer initiates contact with the child, and the parent or guardian refuses to let that officer interview the child, the officer should determine if the child is in immediate danger. If the child is in immediate danger, the officer should remove the child from the scene, and notify his or her supervisor.
How should an officer determine whether first aid or other medical attention is needed for a victim of child abuse or neglect?
Without seeking details, the officer should find out from the victim what happened, observe any injuries to the victim or other household members, and immediately determine whether anyone needs medical treatment. Officers should look for signs of physical abuse such as suspicious bruises, welts, burns, fractures, lacerations, and abrasions. Whenever possible an officer of the same sex should examine the injured person. This is particularly important if an officer must remove or open clothing to examine injuries.
What should an officer include in his/her field notes regarding a child abuse or neglect situation?
The officer should document excited utterances or spontaneous statements made by the victim, suspect, witnesses, and/or other children present, noting their exact words in quotation marks, their emotional state, and indicating the approximate time of the statement made after the incident occurred. Such statements may be admissible as excited utterances, an exception to the hearsay rule.
Should an officer assist DCF in removing an abused or neglected child?
A child protective investigator will determine when the child should be placed in protective custody. The law authorizes child protective investigators to remove children from a caretaker's custody and control without a custody order. If this occurs, the responding officer must help the investigator lawfully execute the investigator's duties. This responsibility includes ensuring the personal safety of all involved. Law enforcement agencies and DCF representatives must be familiar with interagency agreements about joint investigations.
Who is legally required to report child abuse or neglect?
Individuals who are legally required to report child abuse, abandonment, or neglect are physicians, medical examiners, nurses, hospital personnel, mental health professionals, spiritual healers, school personnel, social workers, day care workers, foster care, residential or institutional workers, law enforcement officers, and judges.
What is an officer required to do if an incident seems to involve a criminal violation or has concerned about the safety of the child?
If the incident seems to involve a criminal violation or if there is concern about the child's safety and well being, the officer is required by F.S. 39.201 to contact the DCF Abuse Hot Line at 1-800-96-ABUSE. Terminating the criminal investigation doesn't prevent an officer from contacing the DCF hotline if the officer is still concerned about the child's safety. DCF can conduct its investigation with or without a criminal investigation.
Define aggravated child abuse.
Is a first degree felony that occurs when a person either commits aggravated battery on a child; tortures, maliciously punishes, or cages a child; or knowingly or willfully abuses a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement to the child.
Define child abuse.
Is the intentional act resutling in or the intentional infliction of physical or mental injury upon a child. Child abuse also involves the active encouragement of any person to commit any act that results in physical or mental injury to a child.
Define child neglect.
Occurs when a caregiver omits or fails to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health. This includes, but is not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well being of the child. Child neglect can be a caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Define maliciously.
Wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be establised by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging act toward the child for any valid reason adn the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
What should an officer look for when attempting to verify whether a person is being threatened or victimized when responding to an alleged disabled adult or elder abuse situation?
Signs of abuse or exploitation may not be obvious. The officer may observe varying levels of neglect. It may be recent or long standing. When evaluating neglect situations it is important to reserve judgment about people's lives and lifestyle choices. Hygiene and cleanliness standards also vary. The officer may have cause for concern when the caregiver withholds needed care or items from a disabled adult or elderly person who endures undue hardship, or that individual's health and safety are in jeopardy.
When responding to a disabled adult or elderly person being victimized what should the officer look for?
The officer must recongize the victim's reactions and respond accordingly. Loud or argumentative reactions can signal impending violence. Crying or laughing may express the victim's relief that an officer has finally arrived. Quiet or regressive behavior may indicate suffering. The officer should take extra time to be sensitive to the victim's needs; observe carefully, speak simply, and have patience. Elderly persons tend to be trusting and thus vulnerable to crime and victimization.
What plan of action should an officer implement when he or she learns of disabled adult or elder abuse?
When an officer learns of a case of abuse, neglect, or exploitation of a disabled adult or elderly person, the criminal conduct becomes a public concern, not merely a private family matter, and the officer should immediately remove the threat to the victim. If a crime has occurred, the officer should identify the statute violated.
What action is required to protect the disabled adult or elder person from threatened abuse?
Florida statute mandates that any person, including any state, county, or municipal criminal justice employee or law enforcement officer who knows, or has reasonable cause to suspect, that a disabled adult or elderly person is abused, neglected, or exploited must immediately report such knowledge or suspicion to the DCF Abuse Hot Line at 1-800-76-ABUSE. Services provided are on a voluntary basis unless it is determined that the individual in need of services is mentally incapable of providing consent, as provided in F.S. 415.105.
Define "abuse of a disabled adult or elderly person".
Is any willful or threatened act by a caregiver that significantly impairs or is likely to impair a vulnerable adult's physical, mental, or emotional health.
Define caregiver.
A person who has been entrusted with or has assumed responsibility for the care or the property of a disabled adult or elderly person; includeds, but is not limited to, relatives, court appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteersof facilities.
Define disabled adult.
Is a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage or mental illness, or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.
Define elderly person.
Is a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage or other physical, mental, sensory, or emotional dysfunction to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired.
Define "exploitation of a disabled adult or elderly person".
Transpires when someone knowingly, by deception or intimidation, obtains or uses a disabled adult's or elderly person's funds, assets or property. The suspect's intent must be to deprive the person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the disabled adult or elderly person temporarily or permanently.
Define vulnerable adult.
As a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long term pyhsical, or developmental disability or dysfunction, brain damage, or the infirmities of aging.
How should an officer conduct an initial assessment of a criminal, accidental, or natural cause of death?
After arriving at a scene involving a dead person, the officer should begin collecting information to make an initial assessment regarding the circumstances of the person's death. The officer should always approach the scene as a crime scene and consider it a homicide crime scene until the information he or she gathers is consistent with the elements of a death by natural causes or accident.
How should an officer approach a dead body?
The officer should scan the area surrounding the possible dead body for potential hazards or evidence by performing a 360 degree visual sweep within the perimeter. The best path to the body should be determined so as not to destroy or contaminate possible evidence. Officers should remember to apply universal precautions and use PPE prior to approaching the body.
What are signs to look for when attempting to detect indications of death?
While oberving the body, the officer should look for obvious signs of trauma, such as the presence of blood, cuts, gashes, or bruising. The officer should look for an obvious fatal injury, such as a bullet hole in the head or chest, and notify his or her supervisor or detectives if any signs of trauma or obvious fatal injury are present.
What steps should be taken by the officer to preserve any evidence on or near the body?
During the initial assessment, the officer should try to determine whether the death was from criminal, accidental, or natural causes by identifying observable evidence. Any evidence on or near the body should be preserved as the officer secures the crime scene. The officer should remember to document the names of persons on the scene and any changes made to the scene. If the officer is in a public location, he or she shuld place a visual barrier between the body and the public without cross contaminating any evidence. The officers should then notify specialized units and or the medical examiner and wait for their arrival.
When should an officer contact the Medical Examiner's office?
When any person dies in Florida by criminal violence, accident, suicide, or through any suspicious or unusual circumstances, the Medical Examiner must be notified, as stated in F.S. 406.11. The officer should not disturb the body until authorized by the ME and or pursuan to multi-agency agreements.
When should an officer contact the doctor of the deceased?
If there are no signs of foul play or trauma, the officer should contact the deceased person's doctor and inform him or her of the death. If an officer finds prescription bottles at the scene of the deceased person...contact doctor listed on bottle...obtain explanation for medicinal use of the medication.
Why is it important to obtain medical confirmation of a recent death?
The medical examiner or the deceased's doctor must confirm a death of the deceased person. If a doctor refuses to sign a death certificate, the officer should immediately contact the ME and inform him or her of the findings.
What are the goals of a death notification?
To make a clear statement that a death has occurred. To allow time for venting of feelings. To obtain medical help, if needed. To guide the bereaved if they go into shock. To provide guidance in managing details. To assist in notifying significant others. To make referrals for follow-up support services.
What are the recommended procedures for delivering death notifications?
Be absolutely certain of the identity of the deceased. Get as much medical information as possible. Go in person if possible. Take someone with you (victim advocate, clergy, another relative, neighbor). Talk about your reactions on the way. Present credentials and ask to come in. Sit down and ask them to sit down. Inform simply and directly with compassion. Do not discount feelings, theirs or yours. Join the survivors in their grief. Answer all questions honestly. Offer to make calls. Talk to media only after speaking to family first. Do not leave survivors alone. Give your contact information. Describe the procedure for identifying the deceased and provide transportation if necessary. Call next day, as follow-up, and ask to visit again. Let them know you care.
What shouldn't you say when delivering death notifications?
I know how you feel. Time heals all wounds. You must go on with your life. You must be strong for your wife/husband/children/parents. It must have been his/her time. You do not need to know that. What you don't know will not hurt you.
What should you say when delivering death notifications?
It is harder than most people think. Most who have gone through this react similarly to what you are experiencing. If I were in you situation I would feel very .... too.
What do survivors need during death notifications?
Venting of emotions. Restoration of control. Calm, reassuring authority. Preparation and prediction.
What is the difference between human trafficking and human smuggling?
The difference between smuggling and human trafficking is that trafficking is an offense against a person for the purposes of subjection to involuntary servitude, peonage, debt bondage, slavery, or commercial sex. Trafficers maintian ongoing control over the victim. Smuggling is an offense against the integrity of the US borders. It is transportation based where as trafficking is exploitation based. Smuggling is typically a short term business relationship whereas trafficking is a long term ongoing captivity and subjugation of the victims.
What is the nature and scope of the human trafficking problem?
Estimated that every year 800,000 to 2 million are trafficked worldwide. 18-20,000 victims brought into US. Up to 27 million people are in slaverty worldwide. Human trafficking is a lucrative business wiht an estimated 13 plus billion dollars in profits each year. While immigrants are often the victims, traffickers may exploit anyone who is vulnerable.
What are some related international criminal enterprises that lend themselves to involvement in human trafficking?
Smuggling, transportation and harboring of illegal immigrants, child porn, child prostitution, and sex tourism lend themselves to involvement in human trafficking.
What has been the impact of the passing of the Trafficking Victim Protection Act (TVPA) in 2000?
TVPA brought about some very important additions and modifications. Physical force is no longer a required element; showing psychological coercion now suffices. It enables trafficking victims to obtain medical care, witness protection, housing assistance, and other social services. Trafficking victims can attain temporary legal immigration status if they a are willing to cooperate. The fact that a victim initially consented to being smuggled doesn't preclude them from becoming a trafficking victim. Things that a victim hears about other workers suffering are admissible to show a climate of fear in which they were held.
How does Florida law handle the crime of human trafficking?
Florida law is similar to federal law and is codified in F.S. 787.06. All Florida human trafficking crimes are Racketeer Influenced and Corrupt Organization (RICO) ofenses according to Florida Statute Chapter 895. Florida statute 796.03 prohibits procuring persons under the age of 18 for prostitution and can be used to address trafficking minors.
What are some immigration issues that affect human trafficking victims?
Conferring legal stauts on victims takes a humanitarian approach instead of treating the victims like criminals, and it makes the victims available as witnesses, rather than in the days when victims faced deportation. Because a victim of this crime is a slave in the US, Congress has chosen to protect these crime victims by allowing them to stay in America.
What are some types of evidence that may be present at a human trafficking crime scene?
Money wire tranfer receipts; Phone records; Pay stubs; Medical health of the victim; Legal or fraudulent identification; Legal or fraudulent immigration documents; Weapons; Medical records; Photographs; Cell phones; Computers; Codebooks.
What are some signs indicated a brothel situation?
Large amounts of cash and condoms, a customer logbook, and a receipt book. Sparsely furnished rooms may contain only luggage, travel photographs, alcohol, lubricant, paper towels, and tokens. Men come and go frequently and there are used twin mattresses stacked up outside of the residence.
What is some key information that an officer should try to obtain during the initial conversation with a victim of human trafficking?
Information or issues about the victim's employment situation, personal safety, social networks, and immigration statuts. It is important to obtain this information through converstations, not formal interviews.
What rights do victims of human trafficking have?
Human trafficking victims have the right to rescue and removal to appropriate shelter or housing, and medical care including physical and psychological treatment. The have the right to access ifnormation about their rights as victims, translation services, legal representation, and mandatory restitution. Right to social assistance adn economic self sufficiency, including job counseling, skills training and education, seeking immigration assistance, returning to their country of origin and privacy and safety under the Victim and Witness Protection Act.
What is the community's role in recognizing and reporting human trafficking?
Collaboration among key service providers, law enforcement, and many others at the local level is crucial. The need for a collaborative approach across all sectors and levels of law enforcement, prosecution, and victim services is most important.
Define smuggling.
An offense against the integrity of the US borders.
Define trafficking.
Is an offense against a person for the purposes of subjection to involuntary servitude, peonage, debt bondage, slaverty, or commercial sex.
Define kidnapping.
Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his or her will. Kidnapping occurs without lawful authority and wiht intent to hold for ransom or reward, hold as hostage or shield, facilitate commission of a felony, interfere with governmental or political function, or confinement of a child under 13 without the consent of the custodial parent.
Define false imprisonment.
Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his or her will with any purpose other than those referred to in kidnapping.
What is the difference between kidnapping and false imprisonment?
Generally speaking, kidnapping requires movement of the victim by the offender. A suspect who forces the victim to stay at home may be guilty of false imprisonment. If the suspect forces the victim into a car to travel to another location where the suspect holds the victim against his or her will the appropriate charge would be kidnapping.
Define interference with custody.
Whoever, without lawful authority, knowing or recklessly takes or entices any child under the age of 18 years from the custody of its parents, guardian, or ther lawful custodian, is guilty of a third degree felony.
What defenses are available for the concealing or removing of a minor from the state against a court order?
The person in violation must have knowledge of the cour order or receive notice of the pending proceeding. It is a defense if the person reasonably believes that his or her action was necessary to protect the minor from child abuse.
What steps should an officer take to identify the cause of the search in the case of a missing person?
(1) Respond promptly to the scene of the report of a missing person. (2) Consider activating patrol vehicle mounted video camera when approaching scene to record vehicles, people, and anything else of note. (3) Interview the person who made the initial report. (4) Confirm that the person is in fact missing.
After verifying that child is in fact missing what steps should the officer then take?
(1) Verify the child's custody status. (2) Identify the circumstances of the dissapearance. (3) Determine when, where, and who last saw the missing person. (4) Interview the individual who last had contact with the missing person. (5) Identify the person's zone of safety for his or her age, developmental, physical, and mental state.
After identifying possible physical or psychological problems of a missing person the officer should then...?
Make an initial determination of the type of incident. Obtain a description of the missing person including photograph(s) and videotapes.
What should be the scope of the intial search of a scene involving a missing person?
Obtain and note permission to conduct a thorough search of the missing person's home. Extend the search to surrounding areas including vehicles and other places of concealment. Determine if surveillance or security cameras in the vicinity may have captured information about the dissapearance.
What areas should be searched in a missing person situation?
The initial search should include buildings and areas where someone last saw the missing, lost, or endangered person. The officer should do this to make sure the person is not inside the residence, especially when he or she is searching for children. The officer should use a scent discriminating dog, preferably a bloodhound, to search the residence and the area around it. If the person is not in the building, the officer should establish a perimeter.
What steps should be taken by an officer after establishing a perimeter involving a missing person?
The officer should use his or her knowledge of how far the missing person could travel based on his or her physical condition and where he or she was seen last to determine the scope of the search. The officer should secure the area where someone last saw the person and control entry adn exit points if the situation seems to be a criminal abduction, if foul play is suspected, or if a child is missing. The officer should notify his or her supervisor for additional backup units if necessary.
What should an officer do if he or she finds a missing person?
If an officer finds the missing person alive, he or she must make sure the person receives necessary medical attention. If the victim does not need medical treatment, the officer should follow reunification procedures to ensure the child or adult is brought to a safe environment.
How is federal and state law applied in a missing person situation?
F.S. 409.441 confirms that law enforcement agencies are to be involved in the process for handling runaway youth. F.S. 937.025 imposes an obligation to government and school employees to promptly report any information that coudl assist law enforcement in locating a child, ascertaining who has custody of the child, or determining whether the child is in danger of physical injury or death. Federal law requires law enforcement to take reports immediately on any missing endangered children under 21 including runaways.
What is needed to activate the Florida AMBER Plan?
(1) The child must be under 18 years of age. (2) There must be a clear indication of abduction. (3) The local law enforcement agency of jurisdiction must recommend the activation. (4) There must be detailed description of a child and/or abductor/vehicle to broadcast to the public. (5) The law enforcement agency's investigation must conclude that the child's life is in danger.
What are some additional resources that can be utilized to locate missing people?
The statewide Silver Alert is a plan to aid law enforcement in the rescue or recovery of a missing elderly person who suffers from irreversible deterioration of intellectual faculties. Also, the Child Abduction Response Team (CART) is a multi agency child abduction team that permits law enforcement to make an organized, rapid, and planned response to an abducted child or other missing endangered child cases. When an endangered or abducted child is taken out of stae, the FBI will usually spearhead the investigation. An officer should follow his or her agency policy and procedure when contacting the FBI.
Should a missing person incident be documented and recorded into NCIC/FCIC?
An officer should document missing endangered and abducted child incidents by writing a thorough, complete account of the incident including all actions taken, according to his or her agency policy and procedure. The proper reporting form should be used to log the information into the FCIC/NCIC and MEPIC databases.
What are the elements of robbery?
A robbery occurs when a suspect takes property from a person by using force, violence, or assault, or by putting the victim in fear, wiht the intent to permanently or temporarily deprive the victim of his or her right to the property or appropriating the property of the victim to the suspect's own use or to the use of any person not entitled to it. A robbery is a theft plus violence.
What are some common targets of robbery?
Common targets of robberies are homes, retail stores, convenience stores, drunken persons, banks, ATMs, situational victims, senior citizens, drug suspects/participants, and prostitutes.
What are the proper procedues to follow in a robbery situation?
(1) Attending to medical needs, if appropriate. (2) Securing the scene. (3) Requesting the crime scene technicians to process the scene. (4) Obtaining preliminary statements from witnesses. (5) Initiating a BOLO. (6) Interviewing witnesses seperately. (7) And notifying the FBI if it was a bank robbery.
What items need to be included in a preliminary robbery report?
Items in the preliminary robbery report should include a complete description of the suspect and weapons and the manner in which the suspect concealed and displayed the weapons. Officers should attempt to obtain from the witnesses the suspect's actions and the exact wording used during the robbery. The report should also include details regarding the suspect's treatment of victims. Finally, if possible, a complete itemized list of property taken, with serial numbers, should be included.
What steps need to be taken by an officer upon encountering a victim of sexual battery?
After determining and locating the crime scene, the officer should secure the scene if possible. Preliminary information should be obtained from any witnesses. The officer should also initiate a BOLO and secure the crime scene. The victim should be interviewed privately with a victim advocate, if possible. Agency policy and procedure should be followed when arranging for a sexual battery exam, collection of clothing, and notification of a sex crime investigator. Only medical personnel may perform a physical and/or sexual battery examination, which may later provide evidence and information to further the investigation.
How should an officer deal with a victim of a sexual battery?
The officer should interview the victim privately with the victim advocate. An officer shouldn't ask the victim about his/her sexual history, whether the victim climaxed, size of penis, what they did to bring on the assault, willing to take a polygraph, or whether they enjoyed the assault.
What should an officer look for when searching for a suspect of a sexual assault?
When searching for a suspect of a sexual assault on a child, the officer should look for the presence of child erotica, pornography, or videos, or the presence of children's toys or computer games when there are no children residing in the home of a sexual offender and/or predator.
Define juvenile sexual offender.
A child 12 years of age or younger who is alleged to have committed a violation of sexual battery, prostitution, lewdness, indecent exposure, abuse of a child, obscenity, or any violation of law or delinquent act involving juvenile sexual abuse. Juvenile sexual abuse is any sexual behavior that occurs without consent, without equality, or because of coercion.
What are the ranges of behaviors encompassed within the definition of juvenile sexual offender?
The behavior ranges from non contact sexual behavior suhc as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage (rubbing clothed body agains others in crowds), fondling, digital penetration, rape, fellatio, sodomy, to various other sexually aggressive acts.
What is lewd and lascivious battery?
Involves in egaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
What is lewd and lascivious molestation?
Occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person less than 16 years of age to so touch the offender.
What is lewd and lascivious conduct?
By intentionally touching a person less than 16 years of age in a lewd or lascivious manner; or soliciting a person under 16 years of age to commit a lewd or lascivious act.
What is lewd or lascivious exhibition?
Occurs when a person intentionally masturbates, exposes the genitals in a lewd or lascivious manner, or commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim less than 16 years of age. If done online is also a lewd or lascivious exhibition if offender knows or should have known victim viewing was less than 16 years of age.
Is urinating in public or breastfeeding considered the exposure of sexual organs?
Urinating in public should be charged as disorderly conduct rather than exposure of sexual organs. Under no circumstances can a mother violate this section by breastfeeding her baby in public.
What is voyeurism?
Is when someone with lewd, lascivious, or indecent intent secretely observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. This can also evolve into stalking, loitering, and prowling.
Define sexual violence.
Means any one incident of sexual battery... (1) a lewd or lascivious act committed upon or in the presence of a person younger than 16. (2) Sexual performance by a child. (3) Or any other forcible felony in which a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.
How does the commission of a "hate crime" affect the actions taken by the officer and the punishment imposed by the court?
If evidence at the scene and the facts of the case show that a crime was motivated by prejudice or discrimination, the responding officer must indicate in the report and the arrest affidavit that a hate crime has been committed so that the State Attorney's Office can apply for the appropriate penalty enhancements. F.S. 775.085 imposes stiffer penalties for crimes motivated by or evidencing prejudice or discrimination (third degree felony punished as second and so on).
What are the proper procedures for dealing with a victim of a hate crime?
When responding to a victim of a hate crime, an officer should remain calm, objective, and professional. The officer should ask the victim how he or she could help, questioning the victim as to what the individual's needs and wants are. The officer should listen attentively and let the victim vent. The officer should assure hate crime victims of his or her professional interest in serving justice.
What are the proper procedures for dealing with a loitering and prowling incident?
The fact that a person is out at odd hours, without exhibiting any other suspicious activity, will not warrant an arrest for loitering or prowling. If a person doesn't flee, the officer should allow the individual an opportunity to identify him or herself and explain his or her presence and conduct. A person may not be compelledto explain his or her presence and condut unless he or she is properly advised of his or her rights. Absent probable cause of some other offense, if the person voluntarily explains his or her presence and conduct and the explanation dispels any alarm, the person must be released without charge. The court will also not convict a person if at trial the explanation given was true and if believed by the officer at the time would have dispelled any alarm or immediate concern.
What is disorderly conduct?
Conduct that corrupts the public morals, outrages the sense of public decency, or affects the peace and quiet of persons who may witness it.
What is disorderly intoxication?
No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or upon any public conveyance and cause a public disturbance. The difference between disorderly conduct and disorderly intoxication is the element of intoxication. Officers need to document evidence of intoxication (slurred speech, bloodshot eyes, staggered gait).
What is an affray?
A person who riots, or incites or encourages a riot is guilty of an affray. This involves two or more people fighting in the street.
Define open house party.
Is a social gathering at a residence and is legal unless minors consuming alcohol or drugs are present. A person with control of a residence where a house party occurs who knows that alcohol or drugs are being in the possession of or being consumed by minors is in violation of the statute. Person in control of residence must take reasonable step to prevent this from occuring. This statute doesn't apply to legally protected religious observances or activities.
What are the different categories of burglars?
Professional burglars, juvenile burglars, drug addicts, impulse burglar, other burglars driven by their interest in sexual gratification and focus on collecting trophies or mementos such as intimate articles of clothing located in bedrooms and bathrooms and typically leave body fluids or defecate on the scene.
What are some common methods of entry used by burglars?
Burglars may use several methods of entry, such as entering unlocked doors and windows using a hidden key, removing hinge pins, breaking glass, or kicking in the door. Other techniques include prying or spreading a door or window frame, slipping, pulling, or picking the lock, or using a bump key, garage door opener, or electronic decoder for keyless entries.
What steps should an officer take when responding to an incident invovling burglary and trespassing?
Upon arrival the officer should obtain a general statement from the victim and immediately search the scene by conducting a walk through with the victim. Officers should determine the entry and exit points the burglar used and note any disturbed areas and possible evidence for processing. The officer should then obtain detailed information from the victim (description of items, timeframe incident occurred). The officer should provide victim with case number, primary officer's name, explain follow up procedures, and possibly give some crime prevention advice. Officer must be careful to not minimize the impact of this crime.
Define burglary tools.
May include screwdrivers, pliers, wrenches, and pry bars, but can also be anything used to gain entry during a burglary such as a rock or concrete block.
What are the legal requirements for a valid trespass after a warning?
Failure to leave or remaining on th premises after receiving a warning from or in the presence of law enforcement is trespassing. Trespassing on a designated, posted construction site is a felony, as is trespassing while armed or killing an animal during the trespass.
What are the proper procedures for responding to an archeological site violation?
The officer responding to a call concerning a violation of an archeological site will need to assess the scene to determine if a crime was committed. If the officer believes a crime was committed, he or she should secure and protect the scene, notify a supervisor, and inform local, state, or federal park rangers of the incident and any recovered evidence. Helpful resources for officers include the FBI's National Stolen Art File (NSAF) and Listing of Outlaw Treachery (LOOT) which lists prosecuted cases of looting and vandalism of archeological resources. The Archeological Assistance Division of the National Park Service maintains this database.
What are the elements of criminal mischief?
Is a willful, malicious crime where the offender injures or damages property belonging to another. Injury or damage can include the placement of graffiti or the commission of other acts of vandalism.
What distinguishes felony criminal mischief from misdemeanor mischief?
If the value of the property damaged totals 1,000 or more, the crime is a third degree felony. If the offender has one or more prior convictions for criminal mischief a subsequent offense will be punished as a felony regardless of the amount of damage.
What are the elements of defrauding an innkeeper?
Ordering and eating a meal in an eating establishment or occupying a room in a public lodging and then refusing to pay is the crime of defrauding an innkeeper or theft of services by failure to pay.
What other charges can arise from a situation involving the defrauding of an innkeeper?
If the suspect resists the officer's reasonable efforts to recover property that office ro the operator believe was stolen, and the suspect is subsequently found guilty of theft of the property, he or she can be charged with resisting apprehension as well, unless the person didn't know the officer was in fact a law enforcement officer. The charge of theft and of resisting apprehension may be tried concurrently.
What is the primary responsibility of an officer at the scene of a fire?
The primary responsibility of an officer after the arrival of fire personnel is to assist the fire department at the Fire Marshal in their investigation and maintain crowd and traffic control.
How should an officer respond to an incident involving a fire related crime?
Securing the scene at a fire investigation is very important. Fire setting is sometimes used as a technique to distract law enforcement's attention away from the location of other crimes and is predominantly a juvenile crime. Local gang activity, organized crime, terrorist activity, and/or hate crimes often use firebombs to commit crimes.
What are some common reasons why vice activity is rarely reported?
The primary reason drug activity is under reported is that the victims of the crimes are also party to illegal activity. Often relatives and friends of users are protective or ashamed of them and do not want to get involved.
What are the sources of illicit drug traffic?
There are many sources of illicit drugs in the US. Drugs are smuggled, diverted, and intercepted from legitimate sources; many drugs can be obtained from an elderly person's medicine cabinet. Illegal drugs are also manufactured and cultivated in clandestine laboratories and grow houses. Doctor shopping, stealing of prescription pads, or dealing in gray market drugs.
What are some common methods used to transport and conceal illicit drugs?
Common methods used to transport drugs include both private and public conveyances and shipments via commercial delivery companies such as UPS and US Postal Service, and Fedex. Drugs may be concealed in items such as children's toys or other commodities. Individuals known as mules will conceal drugs on their person, often in balloons hidden in body cavities.
What are some methods used for investigating vice activity?
Vice investigations involve a lot of undercover work and develop intelligence through information gathering, both strategic and tactical, from informants and surveillance.
What are the different types of vice crimes?
Alcohol and tobacco violations, gambling, child pornography, postitution.
What are the basic characteristics of organized crime operations?
There are four basic characteristics of an organized crime operation. The organization has a specific structure, usually hierarchical or paramilitary. The organization has profit continuity; it has both criminal and legitimate businesses. The organization is monopolistic or is a provider of a product or service in a particular market, and rarely shares areas of crime or territory with each other or outside groups. The organization is also insulated, meaning the higher echelon personnel are relatively immune from liability for their criminal behavior. Organized crime usually associated with gambling, loan sharking, narcotics, prostitution, fencing, white collar crime, human trafficking, extortion, pornography, unions, corruption, number games, auto theft, drive by shootings, adult entertainment, and money laundering.
What methods does law enforcement utilize to combat organized crime?
To combat organized crime they utilize asset forfeiture, concentration of vice offenses, gathering intelligence, inter agency cooperation, and prosecution under the Racketeer Influenced and Corrupt Organization (RICO).
Define strategic intelligence.
Examines crime patterns and crime trends for management use in decision making, resource development, resource allocation, and policy planning. It typically focuses on specific crime types, such as criminal enterprises, drug traffickers, terrorists, or other forms of complex criminality.
Define tactical intelligence.
Is used for specific decision making or problem solving ot deal with an immediate situation or crisis. It produces information helpful in dealing with specific criminal activity and indentifying the modus operandi of criminals.
Who are theft victims?
There are two types of theft victims...businesses and individuals. Theft from individuals may involve pick pocketing, purse snatching, confidence games, auto theft, or taking personal property from homes, businesses, or vehicles. A business can be a theft victim through shoplifting, embezzlement, skimming from cash registers or petty cash, smash and grab attacks, hijacking of delivery trucks or their cargo, quick change artists or theft of agriculture, services, or construction site materials.
What is the distinction between petit theft or misdemeanor and grand or felony theft?
Petit theft is taking something valued at less than 300...the offense is a misdemeanor. However, third conviction for petit theft will be punished as third degree felony. Grand theft involves the theft fo anythign with a value of 300 or more and other items specified by statute regardless of their value. Theft of a will, codicil (amends a will, but doesn't replace), or other testamentary instrument, a firearm, motor vehicle, stop sign, or fire extinguisher is grand theft. Grand theft alsoincldues theft of any commercially farmed animal or fish, 2,000 or more individual pieces of fruit, items taken from a designated construction site, anhydrous ammonia.
What are some indicators of a stolen vehicle?
Vehicles that have broken side and vent windows, a poorly attached license plate, or missing, scratched, or punched door locks may be stolen. The ignition on such vehicles may have been punched out and the steering column may appear damaged. During a traffic stop if an officer encounters a driver who is jumpy and paranoid, it may be because he or she is driving a stolen vehicle.
What are the NCIC/FCIC reporting requirements for stolen and/or recovered property?
Information about serialized property that is reported stolen should be promptly provided to dispatch so it can be entered into FCIC/NCIC. This is particularly important for stolen vehicles and firearms. Officers should follow agency policy and procedures for FCIC/NCIC notification. The FCIC/NCIC system, the National Insurance Crime Bureau (NICB), and the Driver and Vehicle Information Database (DAVID) are sources of information regarding stolen vehicles. When an officer recovers a stolen vehicle, he or she should promptly notify dispatch so the recovery can be reported to FCIC/NCIC as well as to the owner of the vehicle.
What actions can make you potentially liable for dealing in stolen property?
If the sale price for property is substantially below fair market value, either the seller or buyer or both may be guilty of dealing in stolen property. Presenting false identification in connection with leasing property or failing to return leased property within 72 hours of the termination of the lease agreement, without a reasonable explanation, gives rise to an inference that the property was stolen.
What is the penalty for dealing in stolen property?
Dealing in stolen property, also known as fencing, is a second degree felony in Florida.
Defne retail theft.
Involves taking possession of or carrying away merchandise, money, or negotiable instruments; altering or removing a label or price tag; transferring merchandise from one container to another of lower price; or removal of a shopping cart with intent to deprive the merchant of possession, use, benefit, or full retail value. An officer may arrest an individual for retail theft without a warrant even when the offense wasn't committed in the officer's presence.
Define theft.
As knowingly obtaining, using or endeavoring to obtain or use property of another with intent to temporarily or permanently deprive the other person of the use of the property.
What are the different types of fraud that are being committed?
Confidence games such as the pigeon drop, bank examiner swindle, three card Monte, and shell games. Bank kiting, or floating checks between banks, and insurance and telemarketing fraud. Phishing uses fake websites that mirror legitimate business sites in order to obtain personal and financial information. The largest growing sector of bankcard fraud is counterfeit credit cards. THe primary victim and complainant for most bankcard offenses is the issuing bankcard company.
What are the two aspects of forgery
There are two aspects of forgery....forgery and uttering a false instrument.
What basic investigative procedures should officers follow when dealing with a forgery case?
No marks should be made on the documents and they should not be folded, bent, stapled, or attached with paper clips. Officers should place documents in envelopes or clear plastic bags and photograph or photocopy all documents as soon as possible.
What constitutes a worthless check?
A worthless check is signed by the account holder, but written on an amount in which there are insufficient funds to pay the amount of the check. Requires proof that a suspect issued a check for goods or services and knew there wasn't sufficient money in the bank to pay that amount. A worthless check is a misdemeanor unless the amount of the check was for 150 or more, which would make it a 3rd degree felony.
Define embezzlement.
A person who wrongfully takes money or other property entrusted to them for safekeeping and uses it for his or her own personal gain. It is a misdemeanor or felony depending on the value of the property stolen.
What are some reasons that motivate individuals to commit embezzlement?
Many embezzlers intend only to borrow the money temporarily to help them with personal cash shortage and plan eventually to return it. Others feel unfairly compensated or mistreated by their employer and see it as a means to compensate for that. Others steal to support drug or gambling habits.
What are the different types of computer crimes?
Phishing, fraud, cyber stalking, threats, and harassment. Internet auction fraud, non-delivery of merchandise or services, Nigerian scams, lottery scams, bankcard fraud, identity theft, email scams, business fraud, investment fraud. Prohibited computer transmissions of sexual acts live over a computer online service, transmitting of child pornography. Often there are quantities of CDs near the computer of an online sexual offender.
What is forgery?
Is the altering, forging, or counterfeiting a public record, certificate, legal document, bill of exchange or promissory note, etc., with intent to injure or defraud someone.
What is the uttering of a false instrument?
Uttering is knowingly exhibiting or publishing a document to someone or attempting to cash a check by signifying that the check and endorsement is real. 3rd degree felony in Florida.
What should an officer do if he or she is missing a report or document from a preliminary investigation they conducted?
Agencies house original reports in a records section staffed by records custodians or technicians. If an officer finds that he or she is missing a report or document from the preliminary investigation, he or she should contact the agency's records section and obtain a copy.
What is a way of continuing inquiries begun during the preliminary investigation?
Conducting surveillance on a subject can continue the information gathering process begun during the preliminary investigation. A spot check is not time intensive and the officer can do it without drawing undue attention (should make only two passes by location). Officer could park vehicle some distance away and approach on foot in a covert manner. From concealed position conduct spot check. When involved in surveillance officer must not enter area in which person has reasonable expectation of privacy, such as the curtilage surrounding a residence.
How should an officer determine the value and disposition of leads during a follow up investigation?
The disposition of a lead is whether someon has contacted that lead and that the information obtained is useful to the investigation. Leads yielding information in support of probable cause for an arrest should be pursued first. The officer should know the boundaries of the investigation, as most agencies have limited resources.
When canvassing what should an officer keep in mind in terms of safety?
The officer needs to exercise caution during the canvass, as he or she may actually knock on the suspect's door. An officer needs to be aware of any animals that may be present and should consider the time of day when approaching the occupant, and, if warranted, apologize for the intrusion.
What steps should an officer take to properly canvass an area?
The officer should walk the perimeter of the crime scene to identify places where people may have been able to see or hear what happened, which houses have a clear view of the crime scene and which ones are within hearing distance. Officer should be prepared to conduct individual interviews at these residences or businesses. The officer shouldn't when contacting the individuals residing at these locations reveal the details of the crime (name, seriousness, or how the crime was committed). Should simply ask if they or anyone else saw or heard anything around the time the crime was committed. Officer should get occupants identifying information (full legal name, dates of birth, addresses, and telephone numbers) and thank them for their cooperation.
Should a person's response to an officer during a canvassing be documented if they know nothing about the crime?
The officer should document what witnesses were able to say about the crime; even if a person participating in a canvass report reports knowing nothing about the crime, it will be important if the person later claims to have been a witness.
Define canvass.
Is a door to door inquiry of all possible sources of information for a given area. This technique may require additional officers depending on the size of the area. Canvassing an area in proximity of the incident or crime scene may yield additional witnesses and possibly even new victims.
How can an officer develop suspects?
Officer can establish a suspect's identity through comparing information, evidence, known offenders, possible leads, and intelligence records. When developing suspects officers should gather intelligence and information to better understand the why and how of a crime. Investigating officers should look at issues such as opportunity, ability, and motivation to identify known or suspected offenders and the type of crime committed, how serious it was, and what means and methods were used to commit the crime.
Are private records available to officers as they attempt to develop suspects?
Private records, such as company's employment records, employees' medical, dental, or financial records, or the records of any private organization, business, or other type, are not necessarily available. A subpoena is necessary to gain access to these private records.
What should an officer consider when comparing modus operandi?
(1) Does this appear to be a well planned incident or one committed on the spur of the moment? (2) Was entry by force or key or lockpick used? (3) Were tools used? (4) If crime against a person...type of weapon used, verbal commands given, description of suspect. (5) If theft what was taken and how much? (6) What damage was done? (7) What motivation for the crime? (8) Any other resources using in the crime? (9) Any unexplained items left at the scene? (10) Any eyewitness acounts? Answers to these questions may show purpose.
What are the necessary steps that need to be taken when conducting a lineup?
The State Attorney's office must be notified before any live lineup is conducted if the suspect has been arrested.
The officer will take a photograph or make a video recording of the lineup before or after each witness views the lineup. The officer will ask each witness to view the lineup and make an identification of the subject. He or she will record all comments the victim or witness makes during the lineup procedure and will include those comments in the lineup report. The lineup report then becomes evidence and admissible in court.
What steps must be taken by an officer to properly conduct a photographic lineup?
When preparing for a photographic lineup the officer must get a signed written statement from each victim or witness who will participate in the lineup, including a description of the subject, and explain the lineup process to the victim or witness. To participate in lineup witness must have personal knowledge of the crime (saw suspect clearly enough to identify suspect's features). Must have ability to discuss the matter accurately either directly or through an interpreter and clearly understand his or her duty to tell the truth. Witness should demonstrate competence, attentiveness, sound state of mind, and a lack of prejudice.
Define modus operandi.
Meaning mode of operating or MO, refers to how someone does something, usually repetitive in nature.
What is FALCON?
Florida's new Integrated Criminal History System, will be a state of the art search/report system that more effectively cross matches fingerprints and criminal histories; includes photographs (faces, tattoos); searches national and other criminal justice databases; and allows instantaneous updating of criminal justice information systems. Offers fast, comprehensive, and well formatted reports.
What information is available through the Department of Highway Safety and Motor Vehicles (DHSMV)?
This database contains records of vehicles or boats registered in Florida and driver license information. Insurance information is also available through this system. The DHSMV manually processes driver history. DHSMV also checks FCIC/NCIC database for stolen vehicles or vessles when processing an officer inquiry.
What information is available through the Driver and Vehicle Information Database (DAVID)?
Can view driver images and signatures, applications, driving history and vehicle history for motorists, identification documents used by non-citizens, plus the ability to request a driver license re-exam or medical review for a secific driver. FHP in partnership with FDLE provides DAVID to authorized users via the criminal justice network for enforcement and investigative purposes only.
What information is available through FCIC?
In addition to criminal history records, the FCIC contains files that provide statewide data about driver's licenses, wanted and missing persons, stolen guns, vehicles, and other property, domestic violence injunctions, parole statuses, and registered sexual predators and offenders.
Define field contact.
A field contact is any person wiht whom an officer has contact with while on patrol, such as concerned citizens, anonymous callers, confidential informants, and other law enforcement officers.
Define informants.
Are persons who furnish police with information about crimes, either from a sense of civic duty or in the expectation of some personal benefit or advantage. Excluded from this category are victims of a crime who openly report a crime to the police. Such persons are complainants rather than informants.
What is the read or waive option after a deposition and what action should an officer take in regards to this?
When the deposition ends, the attorney will ask if the officer wishes to read the transcribed or tpyed deposition or waive the review. It is not advisable to waive the review. Although the officer can't demand changes, he or she can point out and notify the state and defense attorneys of errors or misstatements. By reviewing and signing a copy of the deposition, the officer has an additional opportunity to refresh his or her memory before testifying at a hearing or trial.
What steps should an officer take to prepare for giving testimony?
To prepare for a court proceeding, such as a deposition, hearing, or a trial, an officer should focus on reports that he or she created and professional activity related to the case. If the role of the officer was the primary officer or investigator, he or she should construct a broad review of all reports, evidence, and information used towards making the decision to arrest and in support of the prosecution. The officer shoul obtain copies of all case reports for the court proceedings from the records section or bureau or from designated personnel in his or her agency. The officer should review the case file, including all supplemental reports and information on the evidence and chain of custody, and be prepared to answer questions on all relevant facts.
Does an officer need to check in with prosecutors upon arrival at court?
Checking in with the prosecuting attorney gives the officer and the state attorney final preparation time to address last minute concerns.
Define "off the record".
Refers to information not recorded in an official document. The officer's job is to provide accurate and complete testimony of the available facts not steer the case.
What procedures need to be followed when the rule of sequestration has been invoked?
The officer must not be in the courtroom when other witnesses are giving testimony. Whether or not judge invokes this rule officers must never communicate with a juror or known potential juror except as directed by the court. If a possible violation of the rule is observed, it should be reported immediately to the bailiff or presiding judge.
Define admissible evidence.
Relevant evidence tending to prove or dispove a material fact, with numerous exceptions specified.
Define deposition.
Is an official court proceeding in which sworn testimony regarding the facts of the case is provided to one of the attorneys prior to trial. It is the attorney's chance to assess the case further and document the officer's verbal testimony before a trial or hearing.
Define rule of sequestration.
A judge might forbid all witnesses from discussing any aspect of a case with anyone but the involved attorneys. If rule violated witness could be punished or penailized, testimony stricken from the trial record, and a mistrial could even be declared.