domestics law enforcement response. 2 officer safety law enforcement response interviews arrest v....

Domestics

Law Enforcement Response

2

• Officer Safety

• Law Enforcement Response

• Interviews

• Arrest v. No Arrest

• Evidence Collection

• Report Writing

• Tips for Testifying in Court

Session Objectives

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• Officer safety is the top priority.

• If possible, respond with at least two officers.

• Obtain as much information as possible.

• Approach the residence with caution.

• Listen and look before making contact.

• Separate the parties

• Maintain eye contact with other officers.

• Check for weapons.

• Avoid arresting the suspect in front of the victim.

Officer Safety

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• Insist on seeing the victim.

• Determine if medical attention is needed.

• Do not tell the suspect that the victim called for help.

• Take the victim’s full statement rather than having the victim write it.

• Do not ask the victim if they want to prosecute or have suspect arrested.

• Inform victim when the arrest is about to be made.

Victim Safety

If the victim is at risk, so is the responding officer!

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Law Enforcement Response

• If suspect not present, attempt to locate him/her.

• If suspect is present, separate parties.

• Secure the scene and check for weapons.

• Check for witnesses.

• Be sensitive to victim.

• Interview victim and any witnesses.

• Be accurate and thorough in your report.

June 2009 Training and Standards Bureau 6

Law Enforcement Response Continued

• “Excited utterances” may be allowed into court as exceptions to the rule against hearsay.

• History of violence?

• Victim may be reluctant or unavailable to talk to you.

• Assess the risk factors for continued violence or lethality.


What Should You Expect?

• Angry and humiliated victim.

• Victim will only provide details if he/she feels safe.

• Victim wants abuse to stop, but knows law enforcement response may make it worse.

• Offender believes he/she is entitled.

• Offender will probably appear calm and rational.


What Should You Expect Continued

• Offender will blame victim.

• Offender will pressure victim.

• Victim may recant or minimize statements.

• Understand recanting is frustrating for you but keep in mind the dynamics of DV and realize why the victim is recanting.


Provide Information to Victim

• Info on domestic violence.

• Info on community services available.

• Explain process of criminal justice system.

• Explain what will happen next with offender if arrested. • 72-hour no contact order• Temporary restraining orders /

injunctions• Safety planning

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Interviews

• Conducted shortly after incident.

• Document excited utterances.

• Separate victim and offender by sight and sound – interview separately.

• Maintain visual contact with other officer throughout interview.

• Try to keep everyone calm and seated.

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Interviewing the Victim

• Establish trust with victim.

• Pay attention to your non-verbal communication.• Facial expression• Eye contact• Body language and posture• Physical distance

• Allow the victim to vent and tell the story.

• Reassure and clarify actions.

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Interviewing the Victim Continued

• Attempt to get a statement from victim about telling the truth in court.

• Do Not ask the victim if he/she wants to “press charges” or “sign a complaint.”

• Explain to the victim that he/she did not deserve to be treated (or hurt) the way he/she was.

• Express your concern for the victim’s safety and the safety of any children

• Advise that law enforcement will be available for the victim and children (building trust).

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Interviewing the Offender

• Remain neutral.

• Do not make any accusatory or opinionated statements.

• Conduct interview as a non-custodial interview. (No need to “Mirandize”)

• Offender may need to vent before questioning.

• Ask, “What would your [wife, partner, etc.] tell us about what happened?

• Always document all spontaneous admissions.

• Never provide information about who called the police or act in agreement with the offender.

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Interviews with Children

• Interview children away from all adults in a comfortable place at the child’s level.

• Children will often blame themselves.

• They may say the did not see what happened.

• Keep talking with child because they probably at least heard the incident or know of prior incidents.

• Reassure child and build trust.

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Interviews with Children Continued

• Be aware of child’s fear and/or signs of abuse or neglect.

• Ask open ended questions and allow child to “tell the story.”

• Take time with children and explain what will happen next.

• Ask simple questions and use words appropriate to age of child.

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Witnesses

• Officers should canvas for other witnesses, such as:• Emergency Medical Personnel• Neighbors• Passersby• 911 dispatcher

• Document specific quotes, who said them, who heard them and the demeanor of the witness.

• Do not promise witnesses that their identity can be kept anonymous.


Note Taking

• Take detailed notes on everything said.

• Put comments in quotation marks in reports.

• Excited utterances may also be found on 911 tapes and should be noted.

• Take notes on scene or immediately upon locating the parties/witnesses.

• Attempt to get information on history of abuse.


Arrest v. No Arrest

• An arrest should only occur after obtaining both sides of the story.

• Purpose of arrest is to make offender accountable.

• Do not make a decision based solely on injuries.


Evidence

• Gather evidence as if the victim will recant or not be able or willing to testify in court.

• Keep these key points in mind:

• Photos are crucial• Gather all physical evidence• 911 tapes can strengthen your

case


Other Sources of Information and Evidence

• Statements to law enforcement (excited utterances).

• Printed victim questionnaire.

• Injury diagrams and/or injury checklists.

• Records of previous medical treatment for abuse.

• Other records (civil court actions, restraining orders, etc.)


Documentation

• Scene.

• Victim’s appearance and demeanor.

• Offender’s appearance and behavior.

• Other witnesses’ behavior, including children.

• Physical injuries on both parties.


Report Writing

• When you arrest someone for DV, you will have to complete a report.

• In DV cases, if reasonable grounds existed to arrest, but no arrest was made, you must prepare a written report explaining why.

• Because you might be chief witness in a DV case, must have thorough, accurate and non-judgmental report.

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Basic Information (Report)

• Times (incident, arrival, statement)

• Identification of victim and suspect including height and weight.

• Relationship of victim and suspect.

• Names, addresses, phone numbers, workplaces, relationship of witnesses.

• How to reach the victim during the next 24 hours.

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Scene Information (Report)

• Who was present?

• Condition of scene.

• Whether children were present.

• Was there a temporary restraining order or injunction, probation, AODA for victim/offender, suicide threats or abused pets involved?


History (Report)

• Locations where the victim and offender have lived for the past few years.

• Names, addresses, and phone numbers of relatives, friends and family.

• Any history of domestic violence, including prior arrests and convictions.


Interviews (Report)

• Emotional state of victim and offender.

• Non-consent statement from the victim.

• Include all statements or excited utterances.

• Note how parties interact.


Injuries (Report)

• Document all injuries.

• Document all medical treatment.

• Do statements of incident match the physical injuries?

• Document any self-defense wounds.


Evidence (Report)

• Document any evidence collected.

• Document if photographs were taken.

• Collect a copy of the 911 recording.


Narrative Checklist (Report)

• Full identification and contact information.

• Victim statement, including non-consent.

• Offender statement.

• Description of scene and demeanor of parties.

• History of abuse.

• Risk factors.

• Witnesses’ and children's’ statements.

• Probable cause for arrested party.

• Description of injuries and treatment.

• Medical release obtained.

• No-contact signed.

• Evidence collected.


Tips for Testifying

• Always tell the truth and never guess.

• Qualify how well you remember the details.

• Admit bad things and avoid a lengthy cross-examination.

• Never get angry or laugh along with the defense.

• Think of the jury or judge as your friend – be likable.

Stalking

Harassment

Strangulation

Additional Investigative Issues

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Violent Acts by Both Parties

• Were any of the violent acts committed as self-defense against the other party?

• Did the predominant aggressor provoke the other person involved to attack?

• Do both parties pose a significant danger to each other and so need to be placed under the controls of the criminal court?

• Did both parties experience the same level of fear?


Violent Acts by Both Parties

• Case may be compromised if you arrest both parties.

• If possible, determine the predominant aggressor.

• Arresting the victim would reduce the ability to prosecute the offender.


Self-Defense

• Must have reasonable belief of actual and imminent unlawful interference with his/her person.

• Only use the amount of force reasonably necessary.


Self-Defense: Reasonable Belief

• What did the victim think was about to happen to him/her? Why did the victim think that?

• What has happened in the past to this victim?

• What was the alleged offender doing?

• What amount of force would be necessary?

• What options did the victim think he/she had? Why?

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Self-Defense: Injuries

• If both parties have injuries, consider the possibility that some are the result of self-defense.

• Victim injuries: back, legs, forearms or palms from blocking blows or from being struck in fetal position.

• Injuries may exist under clothing, on scalp, or evidence of pulled hair including spots pulled out.

• Offender may have scratch marks to face, hands, or arms from the victim defending against attempted strangulation.

• Bite marks may be apparent on the offender’s chest, arms or hands.


Strangulation

• A form of asphyxia as a result of external pressure on the neck.

• Is one of the most lethal forms of domestic violence.

• 10% of violent deaths in the U.S. each year are due to strangulation.

• Hanging, use of ligatures, and manual strangulation.

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Strangulation

• Strangulation is not the same as “choking.”

• Voice and swallowing changes• Difficulty breathing or coughing• Other physical/mental changes due to lack of

oxygen.• Defecation/urination

• Strangulation may not leave visible injuries.

• Visible injuries may appear days later.

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Strangulation: Interview and Report Writing

• Ask victim to describe and demonstrate how strangulation occurred.

• Include length of time strangulation continued and how hard grip was.

• Ask what offender was saying during strangulation.

• Ask if victim was shaken, thrown against wall, floor or ground.

• Document all complaints of pain and discomfort, loss of consciousness, feeling dizzy or faint, and whether the victim felt nauseated or vomited.


Stalking

Wis. Stats 940.32 defines a stalker as “any person who engages in a course of conduct directed at a specific person which places that person, or his or her family or household member, in reasonable fear for their safety.”

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Stalking: “Course of Conduct”

• Maintaining visual or physical proximity of the victim.

• Approaching for confronting the victim.

• Appearing at the victim’s workplace or contacting the victim’s neighbors.

• Entering property owned, leased, or occupied by the victim.

• Contacting the victim by phone or causing phone to ring.


Stalking: Course of Conduct

• Sending material by any means to the victim.

• Placing or delivering an object to property of victim.

• Placing or delivering an object to victim through others.

• Causing a person to engage in these acts.

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Stalking

• Behaviors: spying, following, making unwanted phone calls, sending unwanted mail, threats or vandalizing property.

• No relationship required.

• Continuation of power and control

• DV stalkers usually obsession or vengeance stalkers.


Stalking Investigations

• Collect all notes, gifts, messages from the victim.

• Enlist victim in collecting evidence log.

• Educate victim.

• Get facts first then address fear issue.

• Interview victim.



• No false promises to victim.

• TRO?

• Ask victim for photo.

• Discourage contact.

• Interview victim about suspect.

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• Search warrant.

• Contact the suspected stalker and advise of consequences.

• Conduct surveillance.

• Apprehend for EVERY violation.

• Visit each crime scene.

• Make presentation to DA.

• Advise judge of past activities.

Harassment

• Wis. Stats 947.013 states that harassment may be applicable prior to or in addition to a stalking charge.

• Harassment is defined as any person engaging in a course of conduct that harasses or intimidates another.


Harassment

• No specific number of acts has to occur.

• A direct threat is not needed. “Credible threat.”

• And injury is not needed.

• Document harassing/stalking behavior. All reports together may show pattern.

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Police Liability

• Exhibiting a pattern of differential treatment or application of the law.

• Failing to appropriately enforce a court order protecting a victim of DV.

• Failing to provide information to a victim as required by law.

• Failing to respond at all or in a timely manner.

• Failing to take proper action to protect a citizen.


Differential Treatment

• You must not treat DV victims differently from other victims of a crime.

• For example, if DV victim does not give you all the information about the offender you will keep investigating the crime.


Failing to Enforce a Court Order

• Once you are made aware of a possible violation you are obligated to respond and investigate.

• If you act unreasonably, liability can be attached.


Failure to Provide Information

• Wis. Stats 950 states that officers must make a reasonable attempt to provide victims with written information.

• If you fail to provide the victim with this information it could lead to liability.

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Information Required to be Provided by Law

• Wis. Stats 950.08(2g) requires officers to provide the following information to victims of crime no later than 24 hours after initial contact:

• A list of the rights of victims under s. 950.04(1v).

• The availability of compensation and the address and phone number of the contact for information concerning compensation.


• Address and phone number of intake worker, corporation counsel or district attorney whom the victim may contact.

• Address and phone number of the custodial agency that the victim may contact for information concerning the taking into custody or arrest and release of a suspect.

Information Required to be Provided by Law Continued


• Suggested procedures if threatened or intimidated.

• The address and phone number at which the victim may contact the Department of Justice or any local agency that provides victim assistance/information about services available for victims, including medical services.

Information Required to be Provided by Law Continued


Failing to Respond

• Must treat DV cases as serious as other cases.

• Victim has right to expect reasonable assistance from law enforcement regardless of the nature of the relationship or the identify of victim.


Failing to Take Proper Action

• May not selectively protect citizens.

• Must protect an individual who is in custody and may not place any individual in a dangerous situation.

• Put biases and stereotypical thinking aside during DV investigations.


QUESTIONS?

domestics law enforcement response. 2 officer safety law enforcement response interviews arrest v....

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