NC BLET CPCC Field note taking and report writing.
Purpose and uses of police reports:
a) Communications with others b) Keeps a record of the officer's knowledge c) Makes a record of details of the investigation for further investigation, reference and presentation to a magistrate, judge or jury. d) Provided information to officer's supervisor, detective and the agency and to other agencies that may be involved in the criminal investigation. e) Documents your activities f) Avoids civil liability g) Documents that agency policies and procedures have been applied h) Used as evidence i) Contains statistical information j) Assists with the determination of the prosecution of the crime.
Taking an initial statement:
a) Have the person tell the story in his/her own way b) Have him/her tell it you again slowly and write it down in your notes verbatim. c) If officers ask follow-up questions to elicit necessary information, write questions in notes as well Officers should normally avoid the use of leading questions so that the officer does not inject his/her assumptions or conclusions into the witness's statement or alter the witness's memory. e) Read it back to the person using their own language as much as possible, omitting any side issues irrelevent to the investigation. f) Use the witness's own words including cursing or street talk.
What does the label on a photograph include?
a) Photographer's name b) Case number c) Type case
Writing mechanics
a) use fullsentences b) punctuate every sentence c) use proper sentence pattern d) use active voice e) use specific words for specific details f) use clear verbs g) keep pronouns straight h) be exact in expression i) use first person
Discovery
Everything that has to do with the case.
Types of notebooks:
(1) Loose-leaf notebook (a) this type of notebook has the advantage of page removal for easy case-by-case filing. It's main disadvantage is that persons can imply notebook alterations took place prior to courtroom testimony. (2) Bound notebook (b) in a bound notebook, the pages cannot be altered easily, therefore, notes pertinent to other investigations contained in the notebook may be compromised during a cross examination of discovery.
What is the consistent format for entering information in your field notebook?
(a) A record of the time and date of arrival should be made. (b) Weather conditions should be noted upon arrival (c) The officer should note and record his/her observations and the condition of the scene upon their arrival. (d) The officer should note the presence of any other officers and any other person who can be identified or described.
Verb
1) A verb expresses an act, occurrence or mode of being (shoots, runs, attacks) 2) A word that connects the noun or pronoun subject to words that describe that noun or pronoun (is, was)
Filling out report forms
1) Always use black ink 2) Every report should be printed (not written) or typed 3) Names-all proper names, including businesses must be spelled out in full. Write last name, first, then middle initial or maiden if married female unless otherwise instructed by departmental policy. 4) Addresses-the apartment, suite, or room number is an integral part of the address. 5) Telephone-Give both residence and business if possible. Include the extension when applicable. 6) Dates- Dates will be written in six digit form- month, day, year. 7) Time-Military time must be used. 8) Witnesses- Obtain complete information. This is necessary to locate a witness for interview or court. 9) Age-this is the age of the person on his last birthday. A spread of years may be used when age must be estimated (25-30). Give date of birth when it can be obtained. 10) Value-estimate and record the total value of all property stolen. Value is essential in determinating whether certain crimes are a misdemeanor or felony. 11) Signatures-the investigating officer should sign the report and give his/her number. 12) Description-sex, race, age, height, weight, build, hair, eyes, skin tone, etc.
Proper methods of notetaking
1) Field notes should contain information pertinent only to the event under examination. Field notes should be factually accurate, complete and legible. a) All evidence, whether it points to guilt or innocence should be documented in your field notes. (1) Who-include information about the victim, suspect, perpetrator, witnesses and the owner and/or proprietor. Indicate full names with accurate spelling, along with any aliases or street names (2) What-Include the types of crime committed, premises attacked, property taken, lost or found, vehicles used, evidence found, etc. Also ask what special knowledge or skill that the suspect must have to commit the crime. (3) Where-Include the location of the crime scene, victims, witnesses, suspects, property involved and evidence. (4) When-This question pertains to the date and time the offense was committed, the time property was found and the time the suspect was apprehended. (5) How-How was the crime discovered? How was evidence of the crime discovered? This question also pertains to the general manner in which the crime was committed. The suspect's operational characteristics are described in the relation to the commission of the crime, that is how did the suspect commit the crime? (6) With What?-Include the type of tool(s) or weapon(s) used the crime and how the suspect traveled to and from the scene. (7) Why-Include specific and accurate information describing possible motives involved in the commission of the crime (8) With Whom?-This question pertains to the criminal associates and activities. (9) How much?-This question pertains to the amount of money taken and damage caused by the perpretrator.
Information contained in field notes:
1) Identification of investigating officers 2) dates and time 3) locations 4) sketches 5) names or identification of anyone involved, or potentially involved, in the incident, such as victims and witnesses 6) results of interviews, including direct quotes where they are appropriate 7) investigative leads 8) weather conditions 9) telephone numbers, home, business, cell, and alternate numbers. 10) addresses, both permanent, temporary and alternate addresses for all witnesses. 11) descriptions of people, places and things.
Writing instruments
1) Pencil-the use of a pencil creates the tendency of writing notes in a hurried manner resulting in entries that are often poorly written and/or illegible. Penciled notes have a tendency to become smudged due to the friction between pages of the note book 2)Pen-the use of a pen induces more care in taking notes and as a result, they tend to be more legible. In addition, pen notes are more permanent. Whether a pen or pencil is used, notes should be handwritten or hand printed.
Identify your notebook
1) Put your name, rank and department identification number on the inside of your notebook. 2) Indicate the date you started using the notebook as well as the date you finished using it. file notebooks chronologically in a safe and secure place where access is limited so that no one can be accused of altering notes. 3) On the cover sheets of the notebook include pertinent information that can be utilized in the filed a) telephone numbers of specialized police units b) telephone numbers of other law enforcement and community service agencies. c) Any other important reference d) At the start of your tour of duty, enter the date, your assignment, name of your partner and supervisor and weather conditions.
Distinguishing between fact and opinion
1) factual information gives the reader more details 2) when you give professional opinion, say so 3) use more specific words that you can substantiate
Public Records
1) law enforcement agencies have policies concerning media relations and directing how public information is released. 2) As a general rule, records of criminal investigations and records of criminal intelligence information are not public record. 3) Unless otherwise prohibited by law, some information is considered a public record.
Field notes
1) provide the basis for reports 2) record specific events 3) Identify individuals 4) Identify locations and times 5) Chronology of investigation 6) Reveal inconsistencies 7) Reveal leads 8) Refresh memories 9) Used as evidence 10) Ensure admissibility of evidence
sentence pattern
1) start each sentence with a subject and follow with the verb 2) avoid introductory phrases or phrases that seperate the subject from the verb 3) the second sentence lets the reader know instantly and precisely what the sentence is about. 4) Start each sentence with the subject and follow with the verb and add anything else necessary for clarity.
The field notebook
A law enforcement officer should consider the notebook to be an essential part of his equipment.
When you make an error in your notes:
A line should be drawn through the error(s) and initialed by the officer.
Statement
A statement is a literal reproduction of actual words spoken by an individual.
Weather
Always give the weather at the time the incident occurred.
Elements of effective reporting:
Basically a good report is one that enables any person to reconstruct the events exactly as they occurred. Reports must be factual, clear, concise, complete and objective. If reports have all of these characteristics, the reporting officer's credibility is enhanced. 1) Factual-The report must be factual because the acts of commission or omission which comprise the elements of the crime must be proven in fact. (a) Knowledge of the case- Report the facts about an offense as you have observed them or as they have been reported to you by a witness to the incident. (b) Opinions- Enter personal opinions, conclusions, unfounded suspicions or preconceived ideas in your report with the greatest of caution. (c) Conclusions must be based on the facts.- If you write "The suspect refused to cooperate" that tells the audience nothing about what the suspect did and what your actions were in response. Write the facts in your report that makes the audience, whether it is your supervisor, the judge or jury, see in their own mind's eye what the suspect was doing and saying that led you to conclude that he was uncooperative. (d) Accuracy- Collect your information and facts carefully as well as thoroughly. It is the reporting officer's responsibility to check the report for accuracy. Inaccurate mathematical calculations as well as misspellings could result in your testimony being diminished. 2) Clear-Make your report easy to understand by using simple language and logical order. (a) Use concrete words, avoid using words and phrases that are vague, ambiguous, or have double meaning (b) The report narrative should follow the time sequence of events. The facts of the incident are report chronologically as they occurred in time. 3) Concise-Mare your reports brief and avoid wordiness. (a) In your efforts to be brief, do not sacrifice accuracy, completeness or clarity. (b) Use ordinary words and short sentences. 4) Complete- Remember that the smallest detail of a crime may turn out to be the essential factor that results in the ultimate determination of guilt or innocence. There are two kinds of things that make it hard to live with your report: things that you've said and things that you haven't said. a) You will need to write in-depth narrative reports with complete sentences and paragraphs, so the report will be clear about what has occurred and so no details are left out that may aid in identifying the perpetrator. b) It is possible, especially with some accident reports, to get by with short sentences and descriptive phrases. 5) Objective- An officer must strive to produce an objective report which is restricted to the facts of the incident. Avoid trying to prove something you want to be true. All facts, favorable and unfavorable to the disposition of your case must be included in your report. Your ultimate objective is determining the truth. Your professionalism and credibility will be enhanced if you objectively report simple facts. Facts are neither good or bad. But an omitted fact or a fact that is couched in opinion may be bad and may lead to the failure of the entire report. 6) Necessity of good reports a) Every phase of law enforcement work involves activities or incidents that need a written account. b) What you write describes for the judge, jury, prosecution and defense what happened. c) Each person who reads the report has to be able to visualize what happened.
What is field note taking?
Field notes are brief notations concerning specific events which the officer encounters in the performance of his/her duties. Notes are to be kept and safeguarded since they are part of the law enforcement file that the State must make available to the defendant for discovery purposes.
Evidence
Give the disposition of each piece of evidence listed in the report. Make sure that you follow your departmental policy in the placement of the evidence if you collect any evidence.
Exceptions
Juvenile records-N.C.G.S. 7B-3100 provides that disclosure of information about juveniles under investigation or under the jurisdiction of the court is prohibited except in certain circumstances. Traffic accident reports- N.C.G.S. 20-166(i) states in part: "The reports made by persons who are not law enforcement officers or medical examiners are not public records."
Photographs
Photographs are admissible evidence if they fairly and accurately represent what you saw at the scene. Thus photography should be taken before the scene is altered. Fellow officers should not be included in the photographs unless absolutely necessary. The photographs must be labeled for identification and carefully maintained by the investigator until needed in court.
Problems with pronouns
Pronouns should always agree with the nouns for which they substitute.. Pronoun refers to the immediate preceding noun.
Report writing:
Report writing is not a talent. It is a skill and as with
Abbreviations
Should only be those commonly used in professional correspondence.
specificity and verb quality
Stay away from ambiguous words such as indicated, contacted, notified, advised, etc.
Summarize in writing the statement of witnesses and complainants.
Summarizing statements will decrease time spent filing out reports.
Supplementary Investigation Report
Supplemental reports are meant to contain new information that has come to light during the course of your investigation, but was not available when you wrote your first report.
"Excited Utterance"
The officer will not merely be allowed to testify that a witness made an "excited utterance" to make the statement uttered admissible, the foundation required is that the person making the "excited utterance" was under the effect of the event or incident that caused the trauma or excitement. The officer's notes should contain the time frame of the statement and the incident, the emotional state of the witness, and whether the statement was made in response to questioning or was spontaneous. These facts support a finding on the part of the court that the statement is admissible as an exception to the general hearsay rule.
What are "six" one word questions that should be answered when developing field notes?
Who, What, When, Where, Why and How.
Use of active voice
all police reports should be written in active voice.
When describing recovered jewelry, the should indicate
colors rather than materials.
Noun
names a person, place or thing
Accurate and complete field notes can be a valuable aid in ensuring the admissibility of evidence related to a crime scene:
if a statement is not admissible because it is hearsay (an unsworn, out of court statement offered to prove the truth of an important fact in court), it may be admissible under one of the many exceptions.
Continuation page
should be completed when additional narrative is necessary for the completion of the investigation report or supplementary report.
Pronoun
substitutes for a noun
Narrative
tells the story of what happened to whom and why. It does not have to be interesting or to have a style; it merely needs to be complete and communicate the events.
When writing reports
you should always use black ink
