"Faded ink far exceeds the sharpest mind!" Confucius, c.454 B.C.

Note taking starts with LISTENING to what the other person is trying to tell you.

Listen long enough to know if you need to take any immediate actions. Otherwise have them tell their story beginning to end, You would not be writing down anything at that time. Avoid interrupting them or trying to direct the conversation. People may only respond to your questions or comments and leave out information they were about to share voluntarily.

Having heard their side of the story, you should be able to formulate the best follow-up questions to ask.

The notes should be brief notations of the events that took place. Ask your questions in the order of the events to allow you to develop a chronology or outline of the events. This will organize your notes and avoid the jumping from event to event and then back again.

The best method for writing a report is to paraphrase what is told to you. The only alternative is to show most, if not all, statements as direct quotes. Not the best idea. The following should explain what I mean.

This is what the victim told you:
"I was, huh, standing there, I mean walking along the street, that way, er, the...the road when I seen those guys at the other side of the road. They were, uh uh, you know like staring at me."

Your notes might look like this:
Vict S/B Loc Obs S/1 & 2 across str staring at vict.

The final product in your report would read as:
The victim stated that he was walking southbound at above location when he observed two men (above suspects) who were across the street staring at him.

The previous examples serve another lesson. Do not use pronouns in your notebook, except for direct quotations. This will ensure that you know who you meant when you write your report. For instance, if you have two robbery victims which of the following would be difficult to decipher five hours later when you read your notes?

• V1&2 S/B loc followed by S1. He obs gun in his rt hand.
  
• V1&2 S/B loc followed by S1. V2 obs gun in S1 rt hand.
  
  I should also mention that using the numeric along with the role title (S1) from the start is a good idea. As you are writing the notes and listening to the victims, you might realize that there is a second suspect. Instead of having to go back and add the number one to all of the notes related to the first suspect, you can continue your notes, designating S2 for the second suspect--sounds simple, it is, and it will save you time and most importantly prevent errors.

Always clarify any ambiguous statements made by the witness/victim. If they make any non-verbal signals, determine what they meant and put it in writing. A "shrug" can mean yes or no; you need to state which in the report. "The victim gestured with his right hand in a manner which indicated to me 'go ahead'."

Whenever the actions or statements of a suspect are provided, write them down exactly as described. This will ensure that you have their modus operandi (M.O.) recorded. Suspects frequently do, and say, the same thing on each crime and this will help investigators connect different cases to the same suspect. Their statements, verbatim in quotation marks, would be included in your report. Describing their M.O. should be as detailed as possible. Obviously, this is the one time you would not paraphrase suspect statements.

Likewise the description of the suspect should be as detailed as possible. How they were dressed, walked, talked (accents, stammers, etc.), which hand they used to carry weapons or property, and their overall physical description.

When taking notes, leave some blank lines between entries to allow for later additions. You will always think of more questions as you go.

Whatever system you chose, the strongest recommendation I can make is that it is organized. This should ensure that no important facts (notes) are omitted, and that your notes are easily read when it comes time to write the report.

If you use your field notebook to refresh your memory during courtroom testimony, the notebook is subject to review by either the court or the defense. Refrain from personal comments about the parties involved, drawings, scribbling or other inappropriate entries which could be a source of embarrassment for you.

Tip: Always have three or four spare notebooks. You never know when a case might require copious notes. Also, it is common practice to use a separate notebook for a major case such as murder or kidnapping.

Contents generally recorded in the notes:
File or case numbers
Crime or events that took place.

Making sure to cover all of the elements of the offense.

Type of location (residence, parking lot, business, etc.) Address, city, and zip code (zip codes are now used for statistical reporting).

Name, gender, age or date of birth.
Addresses and telephone numbers (home and work).
Occupation.
Condition (nature of injuries, etc.)
Statements

Name, gender, age or date of birth.
Nickname (AKA)
Description (physical, scars/marks/tattoos, clothing)
Addresses and telephone numbers (home and work).
Condition (nature of injuries, etc.)
Occupation.
Vehicles (driven, owned)
Statements
If arrested, where booked and manner of transportation (if not in your vehicle).
Initial charges against this suspect.

Description, make and model, color, serial number (or other identifying marks) If lost or stolen, original location; if found, by who, where and when.

When, where or how, and to whom (name, rank or title, agency, etc.) and the nature of the notification. Also, indicate the person's arrival time and any actions taken.

Other officers present;

Name, rank, Unit of Assignment, time of arrival, and actions taken. (It may be required that they write a supplemental report to your case. If so, then all you have to do is indicate that a "supp rpt" will be written." Usually the supplemental report will be turned in later in the shift, so you may not have it available as an attachment to your report.)

Statements made
Actions taken

Each Department has its own set of common abbreviations, Here are a few that would be usable:

V or VICT (Victim)
S or SUSP (Suspect)
SJ or SUBJ (Subject [used for other persons AND juveniles under 18 years of age.])
W or WIT (Witness)
I or INF (Informant [a person who tells of some aspect of the incident; NOT a victim or witness.])
CI or C.INF (Confidential Informant [a person assisting law enforcement; usually receiving payment or some other consideration.])
PC (Penal Code)
ABC (Alcohol Beverage Control
GC (Government Code)
HS (Health and Safety Code)
VC (Vehicle Code) or CVC (California Vehicle Code)
WIC (Welfare and Institutions Code
DOB (Date of Birth)
GPA (Gone prior [to] arrival)
RE: (Regarding)
NFD (No further description)
B/T (Between)
ODO (Odometer reading)
HRS (Hours; Hour of the day)
MPH (Miles per hour)

BLD (Balding hair style)
BLK (Black)
BRO (Brown)
GRN (Green)
WHI (White)
GRY (Gray)
BLU (Blue)
BLN (Blond)
RED (Red)
XXX (Unknown color)

Interviewing seeks information which sheds light on the case. Interrogation seeks evidence to exonerate or incriminate. The significant factor between them is "are the questions seeking incriminating answers from the person questioned?" If it is affirmative from the get-go, and the person is in custody (not free to leave) then the person must be admonished of their rights as defined in the decision Miranda vs State of Arizona, 1966.

Due to the complexities and legal requirements in police interrogation, interrogation will be the subject of a separate course. The only comment I will make is that the police are not obligated to interrupt a person who spontaneously and voluntarily makes self-incriminating statements during an interview.

Interviewing and note taking are every day activities for law enforcement. The two tasks are focused upon gathering information; sometimes leading to police action and report writing, and some times nothing. Done properly, the Police Officer will know what happened, and have the information necessary for the reporting process.

The first phase is to listen and allow the person to speak freely. You may "direct" the conversation with both verbal and non-verbal cues to keep it on track. You would not take notes at the time--this tends to distract the speaker.

After gaining sufficient information, you should know what happened, who is involved, what actions you should take, how to best organize your written notes, and the type of report to write.

Ask questions which answer the who, what, where, when, why, and how. This may seem obvious and not very exciting but it does serve the purpose of learning "Just the facts ma'am" as the TV detective said.

After the first session of "listening", the person retells their story, while you direct them with pertinent questions. An excellent tool is to ask questions in the same order as the "chronology " of the crime/incident. This helps you organize your notes and keeps the speaker on track.

If is best to interview one person at a time separately from the others. Why? This will ensure that each person has a chance to speak uninterrupted. Each person's story will not taint the other's recollection of the event. You can compare the different stories for inconsistencies, or for details left out, afterwards.

Do not challenge one person's story with another's version until they have said their piece--to do so too soon could be construed as manipulation and/or coercion. Conflicting stories can be useful evidence for prosecution. That old saw "give a man enough rope..."

You may use a tape recorder during an interview. The benefit is that the sound of the person's actual voice is more convincing to the Judge and Jury than a written signed statement. The down side is that recorders can fail to operate properly, the tapes may be lost, recorded over, or damaged by the elements.

If recorders are used, eventually the content must still be reduced to written form--hopefully you (or the secretary) can hear and understand what was said. Tape recorders, like cameras, can inhibit a person from speaking--akin to stage fright.

Unit 5 - Crime Report - Chronological order of the event.  Discuss the "elements" in a penal code section.  Attach a brief report in which the "elements" are highlighted.

The style and approach to writing you take is a matter of preference. The text features three basic approaches to writing the narrative:

1. Victim Initiated Event.
3. Officer Initiated event.

Victim Initiated Event:

The "event" is the "taking of the report." The title infers that this is only when the victim does the telling. Actually it applies to any person (informant; witness). The format is straight forwards. The reporting officer, or investigator, records what he or she was told, the parties involved, what was observed, and the actions taken.

Simply stated, a police report is actually an account by an officer of an incident which has occurred prior to the writing of the report, and which has been brought to his or her attention.

The majority of the reports are from victim initiated contacts, and for the most part, will be based on their statements. They will telephone or come to the station, or flag the officer down as he/she passes by.

The recommended writing style for this type of reporting is a statement by the victim, informant or witness which briefly details the incident. This approach may seem as if the officer only acts as a scribe--well actually that is usually the way report taking goes. To quote a famous TV Detective, "Just the facts, Ma am!"

Note: If it is important to show what the officer/s did or observed at the onset of the contact, then the writing style is the officer initiated event which will be discussed in Unit Five.

This opening paragraph also highlights the elements of the crime--which tells the reader what in essence has occurred. The wording is brief and only needs to show each element. The benefit is that it affirms the offense being charged. A secondary benefit is that it breaks any "writer's block" and gets you going.

This is a sample Grand Theft report in this format:

Remember that most of the information, taken from your notes, is entered on the cover page of the report. Any references to "above, etc" is to point the reader to the appropriate fill-in, and check-off, sections on the cover page (There are examples of the cover page in Chapter Ten of the Wallace text, and in this PDF file sample; take a look.) There is no need to repeat every piece of information in the narrative. The narrative is the story which connects, and explains, the facts of the case.

This is a sample from a typical cover page Property Description section. I am showing it only for example, and to indicate the supposed value of the item. Normally it would not be included in the narrative.

Item#     Qty -- Description -- Value
   1 ---      1      Lawnmower, "Grass Kicker", Model GK101, SN 1-2223467B, Gas Engine, Blk/Red, $650.00

1400 hrs Call re: Possible Burglary.

The victim stated that during the above time period, persons unknown entered the attached three-sided carport at his residence (above crime location) and removed the above described lawnmower which is his property and had been chained and padlocked to the south wall.

The victim further stated that he had contacted his immediate neighbors (1255 and 1243 E. 126th St.) to determine if they had borrowed the lawnmower. The victim related that neither neighbor had the lawnmower, nor had they seen anyone at the location.

We observed a oil spot on the carport floor, where the victim said he had parked the lawnmower. We also noticed the padlock (above evidence item #2) lying on the carport floor. It had been cut with some type of tool.

We then noticed a trail of oil leading from the spot towards the west side of the residence. We followed the oil trail to the fence line at the rear of the house, and into the yard at 1234 E. 127th Street. Scuffed footprints and wheel tracks in the lawn led to the back door of the garage, causing us to believe that the lawnmower was inside. The garage door was locked, and no one answered our knock at the residence.

We recontacted the victim, who said that he did not know the residents on 127th Street, nor did he ever give them permission to take the lawnmower. The victim stated that he is desirous of prosecution.

My partner (Officer Glanhand) took polaroid photographs of the oil trail and tracks leading to the 127th St. garage. The photographs (above evidence item #1) were initialed, sealed in an evidence envelope, and placed in the Station Inside Evidence Locker.

The padlock (above evidence item #2) to be held for latent prints was initialed, sealed in an evidence envelope, and placed in the Station Inside Evidence Locker.

Det. J. Jones, #223344, Station DB, was notified at 1435 hrs regarding the request for a search warrant for the garage location.

Latent Prints Request Form was submitted.

Unit 6 - Crime Report - Chronological order of the officer's activities.  List the parts of an intra-office memorandum.  Attach an example.

This report format is the officer initiated event. The officer discovers a crime, often before the victim knew it had happened; burglaries, vehicle thefts, are two typical cases. In police parlance, this is an "obs."

It is also possible that a routine call--nothing is routine in this business--may result in more than just taking statements from a victim, witness or informant. For example, as the officer arrives at the scene of a simple battery, the suspect may suddenly run out of the location and charge towards the officer. The report would begin with this observation rather than what some person might have stated as in the format "victim initiated event" discussed in Unit Four.

Reports in this format generally begin with the officers' activities followed by the observations (detected by one of the five senses).

Sample One.
At the above time, I was assisting Sheriff's Unit 123 by conducting a crime scene investigation at the location, when the suspect suddenly appeared at the back door holding a small firearm in his right hand.

Sample Two.
At the above time, while on routine patrol in my marked police unit, southbound in the 1000 block of Main Street, I observed the suspect run from the rear door of "Manny's Liquor Store" (above location.) I could see that he was carrying a small handgun in his left hand, and a white bag in his right hand."

What is important here, are not only the observations, but also a statement of what the officer was legally doing at the time. This may seem droll, but it is necessary. The courts and just about everyone else question the conduct of officers when it comes to search and seizure cases, not to forget any incident which involves detaining a person, an arrest or the use of force. Their challenge usually centers around if the officer's actions were lawful, legal and reasonable; and did the officer have a right to be where he/she was when making the observation.

The recommended writing style for this type of report is, first by what the officer was doing at the time of the observation, followed by what was observed (via one of the five senses).

As in any police report, the narrative is written in the past tense.

This is a sample Grand Theft Vehicle report in this format:

Remember that most of the information, taken from your notes, is entered on the cover page of the report. Any references to "above, etc" is to point the reader to the appropriate fill-in, and check-off, sections on the cover page. There is no need to repeat every piece of information in the narrative.

1400 hrs Obs re: Possible Grand Theft Vehicle.

We were on routine patrol in our marked police vehicle, south bound in the 12000 block of Main Street, when we heard the sound of a fast racing vehicle engine to our right. Believing that a high-speed street race was in progress (violation of Section _____ CVC), we proceeded west bound on 125th Street to investigate. As we approached the intersection of 125th St. and Central Ave, we observed a blue Ford Mustang moving at a high rate of speed east bound on 125th St. towards us.

As the vehicle passed our location, we could clearly observe Suspect Kline in the driver's seat, and Suspect Moran in the front passenger's seat.

I (Officer Hannah) activated the vehicle emergency lights and siren, and pursued the vehicle. At the sound of our siren, the vehicle increased its speed up to 80 MPH (violation of Section ____CVC) and turned northbound onto Main Street, failing to stop for posted stop sign (violation of Sec._________CVC). We pursued the vehicle over numerous streets, and clocked it in speeds from 60 to 85 MPH (multiple violations of Section ____CVC) until it came to the intersection of Rose Avenue and Barlow Street where it was blocked by a large Semi Truck and Trailer which was backing into a commercial facility.

The Ford Mustang was forced to stop and we were able to issue verbal commands to the two suspects. Both suspects exited the vehicle and offered no resistance.

Suspect Kline said that he did not see our vehicle and emergency lights, nor hear the siren, and said, "We were just playing around."

As a safety precaution, due to the suspects' attempt to elude us we conducted a pat-down search of both suspects. Officer Glannock felt what seemed to be bullets in the front pants pocket of Suspect Moran. We asked if it was ammunition. Suspect Moran nodded "yes" and voluntarily removed the four .38 calibre bullets (evidence item #2.)

Having found ammunition, we then searched the vehicle, and I (Officer Hannah) discovered the above handgun (evidence item #1) loaded with six rounds of ammunition (above evidence item #3) under the floor board carpeting at the front of the right front passenger's seat.

A check of the SVS (Stolen Vehicle System) revealed that the vehicle was a recent stolen reported to Long Beach PD; 4/22/98 under file 98-1244.

Due to the above, the suspects were arrested, transported to, and booked at, the Station with the approval of the Watch Commander Lt. J. Reid. Felony Booking Approval form submitted.

Vehicle was impounded under the authority of Section ________ CVC. Form CHP180 issued.

Victim Littleton, the Registered Owner of the recovered vehicle was notified by Officer Glannock via telephone at 1600 hrs.

Officer Glannock admonished both suspects of their Miranda Rights (as per form PDAD11). No questions were asked of the two suspects.

The ammunitions (above evidence items #2 and 3) were initialed, sealed in separate evidence envelopes, and placed in the Station Inside Evidence Locker.

The handgun (above evidence item #1) to be held for latent prints was initialed, sealed in an evidence envelope, and placed in the Station Inside Evidence Locker.

Latent Prints Request Form submitted.

Det. J. Jones, #223344, Station DB was notified at 1435 hrs.

This recovery offsets Long Beach PD stolen of 4/22/98 under file 98-1244.
Above R/O notified by telephone at 1600 hrs.

Unit 7- Memoranda - Format and Concept.  Discuss the steps in preparing for courtroom testimony.

The memorandum is generally a pre-printed form used for internal correspondence when no other department form exists to address the subject of the memo. Often the "memo" is to relay general information to a wide variety of people. The Division Head might send out a memorandum to all employees to advise them of a change in policy, or it could be used to convey information to a particular person or group. The memorandum is often used to request approval, or to suggest changes in policy or procedures.

Most memoranda deal with informal communications, are quick and concise, using one or two paragraphs. Some, however are more involved and will require several paragraphs to cover the subject.

The form itself is generally of simple design, containing several fill-in sections, such as:

TO: This line would indicate the person, unit, or section to which the memo is intended. If writing to a person, it is best to put their name, first middle initial, and last name followed by their title or rank. Eg. JOHN J. SMITH, CHIEF.

FROM: This line would indicate the person who is writing the memo. As with the previous example, their name followed by title or rank.

SUBJECT: This line would indicate the general nature, purpose, or other word or phrase which would be useful to both writer and reader as a reference.
Eg. REQUEST FOR VACATION TIME OFF, or PATROL UNIT (SIREN MAINTENANCE).

NARRATIVE: This open section is for the body of the memo. There are some basic tips for scripting the narrative.

The first paragraph should introduce the intent or purpose of the memo. It tells the reader what she or he will be reading about.

Avoid opening with the phrase, "The purpose of this memorandum is..." It is you conveying the message, not this piece of paper.

Subsequent paragraphs would add additional information, leading to recommendations or conclusions. Each paragraph should address a single thought or topic. Avoid putting too many issues into a single paragraph.

A final paragraphs generally ends with a request for action by the addressee, and where they can contact the writer, or receive other information. Example: "Should you need any further information I can be contacted at 555-1212".

A proper ending, and the writer's signature would follow.

If some instances you may include a place for the addressee to reply, comment and sign directly on the memorandum. This is only recommended if you know beforehand that this is an accepted practice by the reader. Some executives may think it too informal, and prefer commenting on a separate memorandum. If appropriate, this section would appear something like this:

I (approve - disapprove) this request.
Comment:


Signed: ____________________________

Date: ______________

Writing to a person who is a friend, or considered a friendly supervisor, is less risky. You can be more candid and less afraid of being evaluated. You can "get to the point." On the other hand, you may be writing to a high ranking executive, or someone you are less familiar with. This will take skill in being able to present your recommendations while "walking a thin line." It is highly likely that they are not only considering the subject of the memo, but also of you and how you think and/or write.

At some point in your career you will be writing about a subject that you are excited about, and without thinking attempt to roll right over the reader. It may be a situation where they have already expressed doubts. You will have to take care in how you approach the content, and the "attitude" of the memo. If you antagonize or belittle a person, especially one who has the power to approve or disapprove the subject of the memo, you probably have wasted their time, and your time as well.

Some writing tips:

• When dealing with a sensitive subject, stay focused on the issue and do not let personal feelings influence the wording.
• Avoid direct assaults on what the reader thinks about the subject, unless of course the purpose of the memo is to discuss their opinion. Even here you would want to be cautious.
• Do not overwhelm the reader with statistics and facts. It is best to highlight some of the significant statistics and facts, and state that "additional information is available."
• Avoid the use of profanity unless it is a necessary part of a direct quotation.
• Avoid the use of jargon unless you know for a fact that the reader will understand the meaning. If you must use jargon and the reader may not know its meaning then follow with an explanation.
• Keep your paragraphs short to help break the memorandum into "readable segments."
• Write in a logical progression, in separate paragraphs;

  An Introduction. What the memo is about.
  
  A statement of why the subject is important, or a concern.
  
  A statement of additional concerns, or outcomes, if the subject continues.
  
  Any statement of additional comments to support the memorandum.
  
  A statement of recommendations.
  
  A statement of expected outcomes, and costs (if a budgetary matter).
  
  A statement to request approval to proceed, resolve, or further study the subject.
  
  A closing statement to indicate where you may be contacted for questions and comments.
  
  A sign-off (Respectfully).
  
  Your signature.

  There is a technique which can help your writing style. It is called the Gunning Fog Index. It was designed to evaluate the readability of a document. The level is a gauge to indicate if you used good sentence structure and a sufficient percentage of descriptive words. For most readers a gunning fog index readability level between 8 and 14 is acceptable. Note: The index does not evaluate the logic or content, nor check for grammatical errors.

Unit 7 - Courtroom testimony.  Discuss the elements of successful communications; feedback, reduction of barriers, etc.

For some this could be a life changing experience, so there is always that ominous cloud of tension in the air.

If you think about it, the proceedings begin at the moment the officer made the arrest and then wrote that glowing report of the incident. The report, plus other legal documents, was forwarded to the prosecuting attorney (District Attorney; City Prosecutor) who determines if the case is worth filing. The D.A. looks at the charges and the report. The D.A. is looking for sufficient evidence that the charges are valid and that the defendant is guilty--beyond a reasonable doubt. Most likely the arresting officer is not present when this scrutiny takes place. It all rests on the report. A rejection of the case outright is possible for a lot of different reasons. Maybe it did not cover the necessary elements of the crime, or that the search, seizure or arrest were not proper for some reason. In most cases, the D.A. will want to talk to the officer, to clarify any confusions. Then again, it is not inconceivable for the case to be rejected, or the charges changed to something else--usually a lesser offense, without ever being reviewed with the officer. It is any wonder why your report must be clear, concise, factual and complete!

Depending on the category of the offense, a trial or preliminary hearing is scheduled. The court calendar is prepared and subpoenas issued. This is where you (the officer) reappears.

The Court Appearance.

Preparing for Court.

• Review the report, and take it with you. The trial may be six months to a year from the time of the arrest--you will need to refresh your memory of the details.
• Depending of the seriousness and scope of the crime, you may want to revisit the scene. This could help refresh your memory.
• Personal appearance. Look clean and neat.
• Dress appropriately. This means business attire or uniform. What you wear may have to be according to departmental policy, so check the manual. Dress in a conservative fashion. Avoid casual clothes and flashy jewelry. You do not want to distract the jury from your testimony.
• Retrieve the physical evidence from the Evidence Locker. This may be the first time that the D.A. has actually looked at the item. Having the evidence at the court is not an option.
• Schedule your time, so that you can arrive early in the event you must meet with the prosecuting attorney.

• Contact the attorney before the trial begins.
• Usually, for serious crime cases, the officer would contact the D.A. when the court summons (subpoena) is received. Most of time, the meeting is a few minutes in an office, the hallway, or at the table.
• If there is a time to resolve errors this is it. It is better to tell the D.A. of any problems before you testify, then during or after.
• Determine what testimony is expected and the proper way to give it.
• Determine who will give this testimony--it may you, your partner, or some other witness.
• Determine if you are to sit at table with the D.A. during the trial. This can be an opportunity to watch, and participate in, the entire process. It also allows you to quietly confer with the D.A. if needed.

Testifying in Court.
One of the greatest fears is speaking before an audience. Especially one that has some hostile undertones. A trial certainly fits the bill. Add a few news reporters and a sketch artist or two and the pressure really begins to mount.

Witnesses, including officers, must be mentally and emotionally prepared in the event they are called to give testimony. It is not just the defendant who is on trial here. Consider a recent celebrated trial, where the focus shifted from the accused double-murderer to the officers who investigated the case. Before a national audience, the accusations and attention changed from murder by one person, to prejudice by another. Throw in "doubts" about state experts and civilian witnesses and you could see where this was going. Not guilty was the verdict (incredibly, it was unanimous by the twelve jurors.) The officer, the state witnesses, and the prosecutors were the ones suddenly "on trial."

The purpose of testimony is:

• Under direct examination, through insightful questioning by the D.A., to present all legally sufficient evidence to support the charges against the defendant.
• To convince the "triers of fact" of the integrity of the evidence (testimony) and the truthfulness of the charge.

1. Tell the Truth. In a trial, as in all other matters, honesty comes first.
2. Don't guess. If you don't know, say so.
3. Be Sure You Understand the Question. You cannot possibly give a truthful and accurate answer unless you understand the question. Ask to have it repeated if necessary.
4. Take Your Time and Answer the Question Asked. Answer what is asked of you, do not embellish or deviate to other subjects--the D.A. just might have a plan.
5. Give a Loud, Audible Answer. Speak in a forthright manner, showing there is nothing to hide.
6. Don't Look for Assistance When You Are on the Stand. A deer in the headlights look can mean a lot of things to the jury. If you need advice or assistance, ask the judge. The judge is the "Trier of Law."
7. Beware of Questions Involving Distance and Time. If you must make an estimate, make sure it is understood that you are making an estimate. Distance can be communicated if you relate it to a visual image; eg. "It was about a football field's length from the scene."
8. Be Courteous. Answer Yes or No, and address the parties respectfully; Your Honor, Sir, Ma'am, and Counselor.
9. If Asked If You Have Talked to the Prosecutor, Admit it Freely If You Have Done So. This goes for anyone else such as your partner.
10. Avoid Joking and Wisecracks. This is serious business, keep it that way.

1. Be prepared to testify for several hours. It is not unheard of for an officer to be on the stand continually for four or more hours at one sitting.
2. If you must refer to your field notebook, expect to have it become one of the case documents, and reviewable by the court and the defense.
3. It is permissible to refer to the report during testimony.
4. No gum chewing. Sure as shootin' you will snap the gum, or have it pop out of your mouth.
5. Smirks, laughter and blatant smiles can appear smug; unprofessional.
6. Sit quietly, feet on the floor, hands in your lap during testimony. Excess moving and fidgeting, coughing, throat clearing, excessive hand gestures, and sitting with arms crossed can be interpreted as a "guilty conscience." Show them you have nothing to hide.
7. If you lose the case, put it behind you. There are simply too many technicalities (most of which you have no power over) and top notch lawyers out there. You will not win them all!

Typically, the first questions asked of you by the prosecutor will be:

• Would you state your full name for the record?
• What is your occupation?
• What Agency of Department do you work for?
• On the [date and time] what was your assignment?
• On that date and time did you observe anything unusual?
• At what location did you make this observation?
• What did you do after making this observation?

Note: The Courts have allowed officers to decline giving their home address, telephone number, and names of family members. If this information is requested, you should immediately ask the judge for a ruling.

The questions continue on for the purpose of establishing that the elements of the crime were met, that the evidence was observed and seized legally and finally that the defendant is responsible.

Every answer you give will be questioned by the defense. Don't be alarmed, or insulted when it happens--they are trying to get to the truth of the matter, and to convince the court that their perception of the case is correct. Try not to take it personally, and if you do--Don't show that you do to the Jury.

The bottom line is if the officer's credibility can be challenged in one regard, then maybe it is questionable in other areas...and the jury watches and listens, hoping for something to help them decide.

People often ask how "Expert Witnesses" are determined. The answer is if any judge rules that a person, based on training, experience or education is qualified to make judgments, or give opinions, then that person is an "expert." Simple as that, and if that same person should appear in a different court for a different case, the judge in that court can accept the person as an expert as well. What experts testify to is generally accepted as fact by the courts. Of course, now both sides bring in their own experts.

Once upon a time, the experts said the world was flat. This seemed logical because the experts said that they did not feel the sensation of walking on the curvature of a ball--it sounded right, it felt right, so it must be true.

Familiar Terms:
Some terms commonly heard in court.

Unit 8 - Verbal communications.

Emotions.
Working in any environment, where there are other people, is bound to have some emotions surface at one time or another. Nearly everyone knows what the phrase "Going Postal" means--sudden explosive conduct, usually resulting in a violent act [My apologies to any Postal workers out there, I did not originate the name.]

Police and Corrections are fraught with danger, and emotions run high on both sides. Officers responding to truly heinous situations, victims who have endured those situations, and the persons responsible who seemingly have lost any sensibility or reason.

Officers dealing with emotionally charged incidents must work towards calming the situation otherwise they cannot do their job. Problem is, some officers become so "involved" that they become part of the problem. This is one of the main concerns when officers are involved in a "use of force" or "pursuit" situation. These I would call external stressors.

There are also the internal stressors. An officer may have personal problems of one sort or another. A sense of low esteem which prevents him/her from communicating freely and in a positive manner. The officer may be distracted by financial worries and family problems. Just like anyone else.

Technology and Distance.
These are the barriers of technology and distance. Officers may not be able to transmit and receive because of equipment limitations, the chain of command in the organization, and the physical separation from peers. It may be the design of departmental forms, or the channels these forms must follow before the desired recipient receives them.

Semantics.
Simply stated semantics is development and meaning of words. The barrier lies in the inability to agree on the meaning of certain terms which results in a loss in the ability to communicate clearly. Officers must--if they expect to be understood--speak in terms which the other person (the listener) understands. I know what recalcitrant means, but would a person with a limited vocabulary? If I had said "misbehaving," I am sure that any person would know what I meant. The key is to know your listener. Try putting perambulate in your report and see what happens. Police documents are generally written in a high school level vocabulary. The purpose of a police report is to factually and clearly state what happened, and not to impress the reader.

The challenge to overcome this barrier is with the speaker and not the listener.

Ineffective Listening.
It is estimated that a person only hears 60% of what is said, and only retains 30% of what was heard. It this is true, then it is apparent why we miss the point of some conversations. Non-listening is a learned trait--a habit from early childhood. We have learned, early on, that words gain attention, relieve stress, can nurture or hurt another person. In short, the adolescent in us would rather talk [whine, cry, yell, scream, interrupt] than listen.

Improving Listening Skills.
To improve our listening skills as an officer (as a person,) we have to recognize and guard against the following factors:

There is a technique called Psycho-Cybernetics, authored by Dr. Maxwell Maltz. His approach is fairly easy to learn, and it works. A person can succeed in many tasks, including public speaking, by mentally visualizing themselves accomplishing the task. Done several times, this exercise imprints "a memory" on the mind. The mind does not differentiate fantasy from reality. so as far as the mind is concerned, you have done this before and treats it like a past experience [a successful one at that] and performs as such. I refer to this visualization as "constructive day-dreaming." It is a kind of mental rehearsing of something you will be doing later. It works quite well when preparing for courtroom testimony, public speaking, conducting interviews and interrogations, collecting forensic evidence, and other law enforcement activities.

The Communications Cycle--Feedback.
The process of communications does not always end when a message is sent and received. Except for some tactical situations where a democratic agreement is out of place, most communications will have some degree of feedback. It is to our benefit that the message we sent, is the same as the one received. "Did they get the message!" Feedback tells us if the message, as intended, was received, and if not we can adjust our presentation and compensate for the misunderstanding.

Types of Feedback.

• Direct feedback. The receiver [of the initial message] consciously and intentionally constructs feedback that is sent directly back to the message sender. Eg. "I do not understand what you want me to do."
• Indirect feedback. The receiver [of the initial message] unconsciously transmits feedback to the message sender. The is usually by nonverbal actions, such as lack of eye contact, sighing, or shifting of the body.
• Positive feedback. The receiver [of the initial message] sends an intentional feedback which expresses acceptance, and/or understanding. The feedback can be verbal, "Ok, I like that idea" or nonverbal by nodding affirmatively or simply by leaning forward in a listening pose.
• Negative feedback. This is the opposite of positive feedback. It comes in all shapes and sizes.
• Immediate feedback. This is feedback that is received immediately after the message is sent. It can be verbal or nonverbal. In normal conversations this is a good thing. The sender knows if the message was received, it is understood and what the receiver thinks about it. However there are those times that this form of feedback is unwarranted or unwanted. A stressful, or dangerous, situation that demands immediate compliance to an order does not need a lengthy discussion on why everyone should seek cover.
• Delayed feedback. This feedback takes a while to reach the message sender. It is best suited when receivers [of the initial message] are expected to ruminate over a new policy or idea. One problem with this form of feedback is that the sender does not know if the receiver got the message and the reaction/acceptance.

Officers must also learn how to give feedback. Most of situations encountered involve people who either want, or require, assistance or information. There are some basic principles that facilitate the giving of feedback.

Unit 9 - Record keeping and management.  List basic types of records utilized in law enforcement.

Law enforcement, by its very nature, involves access to or use of confidential information. Many times this information is recorded in reports. This may cause a conflict with members of the media who would like to access those records.

To ensure the confidentiality and to safeguard the records, law enforcement has changed greatly over the years. Information management has expanded beyond the use of three-by-five cards and a simple one-minute briefing at roll call. The true professional must understand the operation of modern computer systems. this requires more than a knowledge of microcomputer word processing programs. Computers are constantly evolving and offering more alternatives to the law enforcement community.

The use of computers has enhanced law enforcement's ability to obtain information. With advanced computer-based systems, supervisors can observe the location and status of any patrol vehicle on a particular beat.

National and regional computerized information centers provide instantaneous transmission of information for use by the officer on the street. As crime becomes more sophisticated and fiscal pressures increases, law enforcement agencies will look toward computerization to save costs and enhance service to the public.

Many of you who have studied the administration of justice learned of the Uniform Crime Report which is a report by local agencies of certain crimes which have occurred in their jurisdiction. The F.B.I., in conjunction with the International Association of Chiefs of Police (ICAP), and various organizations have developed the National Incident-Based Reporting System (NIBRS) which will collect greater detail of specific crimes and arrest incidents, rather than just a recap of monthly statistics. This is another step that law enforcement is taking in the area of crime analysis.

The categories in record keeping most often used by law enforcement agencies are:

• Administrative
  Office Management (organization of the unit)
  Community Relations
  Confidential Records;

  Citizen Complaints
  Internal Investigations
  Confidential Informant files
  

  
  
• Operations
  Long range planning
  Short term planning
  Tactical planning
  Emergency procedures and response plans
  
  
• Personnel
  Personal file (each employee)
  Commendations
  Scheduling
  Training
  
  
• Logistics
  Tactical Equipment
  Office Equipment
  
  
• Fleet Management
  Vehicle Inventory
  Vehicle Maintenance
  Vehicle loss and damage reports
  
  
• Incident Records
  Crime reports
  

  Every law enforcement agency assigns a unique case number to each report, usually in this format; Year + Sequential number + Reporting district or area. The final result looks like this, 2000-0001234-012. It may have other numeric or alpha characters which aid in crime analysis. Some may have a character which indicates how long in years the record must be kept in hardcopy before it is reduced to microfiche, and either put in storage or destroyed. A typical report might have a case number which looks like 2000-4-000334-0412-345. The numbers here indicate that the case is for the year 2000, it has a retention code of four (4) years, it the 334th report taken that year, the reporting district (where the incident occurred) is 0412 (A specific patrol area) and the statistical code is 345, which could indicate that it is robbery of a savings and loan. This type of numbering system is easily adapted for both manual and computerized filing systems.
  
  Note: The sequence number is the control number used for manual filing.

  Field Interview reports
  
  
• Correspondence - Incoming
  [by date received]
  [by subject]
  [by sender]
  
  
• Correspondence - Outgoing
  [by date sent]
  [by subject]
  [by addressee]
  
  
• Budget
  Payroll
  Purchasing
  Budget planning
  Inventory (item, location and cost)
  Contracts & Consultant