Copyright © 2006 - 2008 - Barry M. Baker - CareerPoliceOfficer.com
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From your very first day on the job,
you'll be collecting information. How
you manage the information you collect
will have a great deal to do with the level
of success you achieve.
If you're a conscientious police officer,
you'll be spending a lot of time in court.
At this point, you can't possibly estimate
just how much documentation you'll be
accumulating for presentation to
prosecutors prior to your court
appearances. Obviously, each case will
be unique. While some cases will require
minimal documentation beyond a statement of probable cause, others
will require extensive supporting documents.
You may think that in today's technological world, everything you'll
need will be on a computer. It's true that a lot of the information you'll
need for court will be on a computer database. Just remember that
most important data based information usually ends up on paper. When
it comes to court proceedings, everything is on paper and readily
available for presentation. Some police officers believe it's the
prosecutor's
responsiblility to
acquire documents
relating to a
prosecution. In a
sense that's true;
however, it's you
from whom they
normally acquire all
the necessary
documentation. In
nearly every case
you present for
prosecution, it will be
your responsibility to
produce all the
relevant documentation along with any physical evidence.
Let's say you're prosecuting a person for drunk driving, and the person
is convicted. At this point, the prosecutor is going to submit the
certified copy of the defendant's driving record to the judge showing that
the defendant has two previous convictions for drunk driving.
But...guess what? You neglected to obtain that certified driving record
for your case folder. You might ask, "What's the big deal, doesn't the
judge have a computer right in front of him or her with access to your
state's Department of Motor Vehicles?" In all probability, the judge will
have that access, but that's not how things work.
It's not like TV. If you work in a busy environment, you won't meet
very often with a prosecutor prior to trial; unless, you're going to trial
with a significant case. Most of your cases will go to trial with only a few
minutes of discussion with the prosecutor immediately prior to trial.
While the prosecutor will be familiar with the facts contained within
your statement of probable cause, it's unlikely the prosecutor will have
any additional information or documentation.
It's just a folder. But...it's a folder that holds every document, or copies
of documents, relative to your case. If you're a homicide detective going
to trial with a murder case, your folder will be as thick as a telephone
directory. If you're going to traffic court, a single manila folder should
be satisfactory.
Any time you arrest a person, you should make a case folder. As in the
example, the prosecutor assumed that my copies of the traffic citations
remained in my ticket book which, after eight years, would be long
gone. From her experience, she simply didn't expect a police officer to
retain documentation for such a long period of time. However, it's an
easy thing to do when you put everything of importance into a folder and
file it away.
You put everything into your case folder. By everything, I mean
everything that can be put on paper. In the case of physical evidence,
you'll have documentation describing evidence that you've submitted.
You'll have return forms such as laboratory forensic analysis. Before
you submit a photo lineup to your evidence control unit, make a copy
and put it in your case folder. Copy anything and everything so that
you'll have a copy of every document relative to your case.
Look...there are three types of new police officers: Those who are in for
the long haul; those who think they're on a mission to save the world,
and those who think they're doing everyone a favor by just showing up.
The second group won't have the time to attend to administrative things
like maintaining case folders, and the third group won't be able to work
up the energy to keep case folders even for their minimal work product.
Since you're obviously in the first group, you should already know that
any kind of record keeping needs to be timely and ongoing. Just get
into the habit of making and maintaining those folders.
As a new police officer, you're going to want to believe that you're
working with a good bunch of people. By and large, you will be;
however, there may come a time when some "butt head" slips through
the cracks, and he'll try to obstruct you.
All over this site, you'll find me stressing the importance of
documentation. I stress it because it's so important for so many reasons.
Maintaining up to date case folders is just one aspect of your
administrative functions. You'll see a lot of police officers who don't
take documentation that seriously, and you'll see more than a few who
wish they had.
I arrested a young man for a pile of traffic violations after one
very high chain link fence finally ended his attempts to elude
me. The defendant failed to appear for court, and a warrant
was issued for his arrest. The defendant was arrested...eight
years later.
His next court appearance was ensured by his no bail status,
but, on the day of trial, the prosecutor had some bad news.
She explained to me that due to moves and lost records, she
had no statement of probable cause or any copies of the
citations which would necessitate dismissal of the charges. I
replied, "That's not a problem" as I opened my manila folder
which contained my copy of the statement of probable cause;
my copies of the traffic citations, and a brand new, crisp copy
of the defendant's driving record.
What do you put into your Case Folder?
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Don't let things pile up!
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Sometimes...things go missing.
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I was patrolling my post one summer afternoon when a woman
ran up to my car. She pointed out a 15 year boy who she'd
witnessed burglarizing her home. After I latched onto the
juvenile, the woman explained that she'd reported the
burglary to police within the past hour from her residence
which was only a few blocks away. Her home was just across
the police district boundary line, so I contacted my dispatcher
to ask the officer who took the report to meet me. Moments
later, the dispatcher replied that he was unable to reach the
officer. The dispatcher further told me that the burglary call
to the woman's residence had been coded as "unfounded."
Oh well...I sent my arrest to the station, and I went about
re-investigating the entire burglary incident. I subsequently
went to the station to complete the juvenile custody report and
the burglary offense report. While in the station, I received a
telephone call from the officer who'd originally responded to
the burglary call. No sooner than the female officer identified
herself, a male voice came on the line. He identified himself
as the officer's sergeant just before he rudely began accusing
me of trying to "dump" a call on his officer. When I informed
the sergeant that his officer had submitted a false report by
"blowing off" a legitimate burglary, things really went south.
When the sergeant accused me of insubordination, I replied,
"Charge me," and I hung up on the fool.
I heard nothing further from that sergeant. A month went by,
and I sat in the Criminal Court building waiting for a short
consultation with the ASA (assistant state's attorney)
regarding my juvenile burglary defendant. The juvenile ASAs
routinely obtained copies of offense reports from the police
department's central records division since the juvenile
custody report was not as detailed as a statement of probable
cause. As I waited for the ASA, I noticed a young, female
officer sitting across the room who actually looked frightened.
When the ASA came into the room, she informed me that no
reporting was on file with the police department. Again, there
was not a problem. I opened by case folder and handed her
copies of all the reports. The ASA was relieved as she left the
room to make copies for herself, and the defense counsel.
The female officer immediately moved across the room and
took a seat next to me. The officer looked at my name tag,
obviously to verify who she thought I was, before stating,
"Officer Baker, I am really, really sorry."
Here's where things really became interesting. The officer
explained to me how Sergeant Butt Head would not allow her
to answer the dispatcher when I requested that she meet me
on that day I made the arrest of the burglary suspect. She
described how her sergeant had instructed her to make the
call unfounded; even though, it was clear the call was
legitimate. The bombshell came when she described how,
several days later, the sergeant had her accompany him to the
central records division where he located my original reporting
after the reports had been reviewed and placed into file. What
he did next was criminal, and on par for a man of his obvious
incompetence...he stole and destroyed the reports. When the
officer pointed out the obvious consequences of removing the
reports, the sergeant replied, "It's on him."
Sergeant Butt Head mistakenly assumed that I'd sometime,
probably the day prior to trial as he would, order copies of the
reports. He never considered that I'd make copies prior to
submitting the reports. Surprisingly, I wasn't upset. While I
didn't personally know the sergeant, I knew of him, because
his reputation for incompetence preceded him. I really felt
sorry for this female officer. She described how the sergeant
responded on all her calls, placed her into his leave group
schedule so they'd always be working together, and continually
ask her to date. She was even worried that he might be
searching the courthouse for her as we spoke.
Had I been a supervisor at that time, there would have been
no peace for Sergeant Butt Head aka Sergeant Stalker.
However, I was still a patrol officer, and I'd won the battle of
words in our telephone exchange. Even though the sergeant
was politically connected, he never rose above the rank of
sergeant. When I made lieutenant, I would have loved to
have had him working for me, as short as that relationship
would have been, but that circumstance was never to be.