Policy Kalamazoo Department of Public Safety

600 Policy Manual

Investigation and Prosecution

600.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and
dispositions of criminal investigations.

600.2 POLICY
It is the policy of the Kalamazoo Department of Public Safety to investigate crimes thoroughly
and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or
submission to a prosecutor.

600.3 INITIAL INVESTIGATION

The initial investigation of incidents reported to the department is normally the responsibility of
the Operations Division. The initial investigation begins with the receipt of the original complaint/
report and continues until a decision is made, by a supervisor, to inactivate, close or transfer the
investigation to another division.

600.3.1 PUBLIC SAFETY OFFICER RESPONSIBILITIES

A public safety officer responsible for an initial investigation shall complete no less than the
following:
(a) Make a preliminary determination of whether a crime has been committed by
completing, at a minimum:
1. An initial statement from any witnesses or complainants.
2. A cursory examination for evidence.
(b) If information indicates a crime has occurred, the public safety officer shall:
1. Preserve the scene and any evidence as required to complete the initial and
follow-up investigation.
2. Determine whether additional investigative resources (e.g., detectives or scene
processing) are necessary and request assistance as required.
3. If assistance is warranted, or if the incident is not routine, notify a supervisor or
the Shift Commander.
4. Make reasonable attempts to locate, identify and interview all available victims,
complainants, witnesses and suspects.
5. Collect any evidence.
6. Take any appropriate law enforcement action.
7. Complete and submit the appropriate reports and documentation.
(c) If the preliminary determination is that no crime occurred, determine what other
action may be necessary and what other resources may be available, and advise the
informant or complainant of this information.

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Policy Manual

Investigation and Prosecution

600.3.2 SUPERVISOR RESPONSIBILITIES

(a) Review and approve all case reports for completeness and accuracy. Incomplete
case reports will be returned to the submitting officer for correction.
(b) Monitor and review initial investigations assigned to patrol personnel to ensure
efficiency and effectiveness of the investigative process.
(c) Evaluate the case report and determine whether the case should be closed based off
the “discontinuation of investigation” factors listed in 600.5 or forwarded for further
review or actions based off the case referral guidelines.

600.5 CUSTODIAL INTERROGATION REQUIREMENTS

Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning,
unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with
the Temporary Custody of Juveniles Policy. The following policies should be consulted for
further information regarding interviews/interrogation and interview room procedures.

- Policy 612 Interview/Interrogation- Adults & Juveniles for further information on

interview/interrogation procedures

- CID Procedure 420 Office Security for interview room use and procedures

600.5.1 AUDIO/VIDEO RECORDINGS

The Kalamazoo Department of Public Safety will utilize audiovisual recording equipment anytime
a custodial interrogation of a person suspected of the following crimes is conducted (MCL 763.8):
(a) A felony punishable by imprisonment for life, for life or any term of years, or for a
statutory maximum of 20 years or more
(b) A violation of MCL 750.520d (criminal sexual conduct in the third degree)
The recording will be time stamped and contain the entire interrogation including the notice of the
Miranda rights. Any objection to the recording will be documented but the recording will continue
(MCL 763.8).
Any custodial interrogation of an individual who is suspected of having committed any violent
felony offense should be recorded (audio or video with audio as available) in its entirety.
Regardless of where the interrogation occurs, every reasonable effort should be made to secure
functional recording equipment to accomplish such recordings.
Consideration should also be given to recording a custodial interrogation, or any investigative
interview, for any other offense when it is reasonable to believe it would be appropriate and
beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written
authorization from the prosecuting attorney and the Criminal Investigations Division supervisor.
Copies of recorded interrogations or interviews may be made in the same or a different format as
the original recording, provided the copies are true, accurate and complete, and are made only
for authorized and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews. Written
statements from suspects should continue to be obtained when applicable.
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Policy Manual

Investigation and Prosecution

600.5 DISCONTINUATION OF INVESTIGATIONS

The investigation of a criminal case or efforts to seek prosecution should only be discontinued if
one of the following applies:
(a) All reasonable investigative efforts have been exhausted, there is no reasonable belief
that the person who committed the crime can be identified and the incident has been
documented appropriately.
(b) The perpetrator of a misdemeanor has been identified and a warning is the most
appropriate disposition.
1. In these cases, the investigator shall document that the person was warned and
why prosecution was not sought.
2. Warnings shall not be given for felony offenses or other offenses identified in this
policy or by law that require an arrest or submission of a case to a prosecutor.
(c) The case has been submitted to the appropriate prosecutor but no charges have been
filed. Further investigation is not reasonable nor has the prosecutor requested further
investigation.
(d) The case has been submitted to the appropriate prosecutor; charges have been filed;
further investigation is not reasonable, warranted or requested; and there is no need
to take the suspect into custody.
(e) Suspects have been arrested, there are no other suspects, and further investigation
is either not warranted or requested.
(f) Investigation has proved that a crime was not committed (see the Sexual Assault
Investigations Policy for special considerations in these cases).
The Domestic Violence, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may
also require an arrest or submittal of a case to a prosecutor.

600.6 COMPUTERS AND DIGITAL EVIDENCE

The collection, preservation, transportation and storage of computers, cell phones and other digital
devices may require specialized handling to preserve the value of the related evidence. If it is
anticipated that computers or similar equipment will be seized, public safety officers should request
that crime lab specialists or public safety officers specifically trained to handle this type of evidence
assist with seizing computers and related evidence. If a lab specialist is unavailable, public safety
officers should take reasonable steps to prepare for such seizure and use the resources that are
available.

600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES

Use of social media and any other Internet source to access information for the purpose of criminal
investigation shall comply with applicable laws and policies regarding privacy, civil rights and
civil liberties. Information gathered via the Internet should only be accessed by members while
on-duty and for purposes related to the mission of this department. If a member encounters
information relevant to a criminal investigation while off-duty or while using his/her own equipment,
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Policy Manual

Investigation and Prosecution

the member should note the dates, times and locations of the information and report the discovery
to his/her supervisor as soon as practicable. The member, or others who have been assigned to
do so, should attempt to replicate the finding when on-duty and using department equipment.
Information obtained via the Internet should not be archived or stored in any manner other than
department-established record keeping systems (see the Records Maintenance and Release and
Criminal Organizations policies).

600.7.1 ACCESS RESTRICTIONS

Information that can be accessed from any department computer, without the need of an account,
password, email address, alias or other identifier (unrestricted websites), may be accessed and
used for legitimate investigative purposes without supervisory approval.
Accessing information from any Internet source that requires the use or creation of an account,
password, email address, alias or other identifier, or the use of nongovernment IP addresses,
requires supervisor approval prior to access. The supervisor will review the justification for
accessing the information and consult with legal counsel as necessary to identify any policy or
legal restrictions. Any such access and the supervisor approval shall be documented in the related
investigative report.
Accessing information that requires the use of a third party’s account or online identifier requires
supervisor approval and the consent of the third party. The consent must be voluntary and shall
be documented in the related investigative report.
Information gathered from any Internet source should be evaluated for its validity, authenticity,
accuracy and reliability. Corroborative evidence should be sought and documented in the related
investigative report.
Any information collected in furtherance of an investigation through an Internet source should be
documented in the related report. Documentation should include the source of information and
the dates and times that the information was gathered.

600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION

Intercepting social media communications in real time may be subject to federal and state wiretap
laws. Public Safety Officers should seek legal counsel before any such interception.

600.8 IDENTITY THEFT

A report shall be taken any time a person reports that he/she has been a victim of identity theft
that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box
in the City of Kalamazoo to facilitate the crime) (MCL § 780.754a). This includes:
(a) Providing the victim with the appropriate information, as set forth in the Victim and
Witness Assistance Policy. Department members should encourage the individual to
review the material and should assist with any questions.
(b) Referring the victim to the Records Division to obtain a copy of the police report (MCL
§ 780.754a).
A member investigating a case of identity theft should ensure that the case is referred to the
appropriate agency if it is determined that this department should not be the investigating agency
(e.g., an identity theft ring working from out of state). The victim should be advised that the case
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Policy Manual

Investigation and Prosecution

is being transferred to the agency of jurisdiction. The appropriate entries should be made into
any databases that have been authorized for department use and are specific to this type of
investigation.

600.9 MODIFICATION OF CHARGES FILED

Members are not authorized to recommend to the prosecutor or to any other official of the court
that charges on a pending case be amended or dismissed without the authorization of a Division
Commander or the Chief, Deputy Chief or Assistant Chief of Public Safety. Any authorized request
to modify the charges or to recommend dismissal of charges shall be made to the prosecutor.

All Rights Reserved. Published with permission by Investigation and Prosecution

Kalamazoo Department of Public Safety