To provide policy guidelines for follow-up investigations and screening criminal cases with the Commonwealth Attorney’s Office.
The responsibility to investigate criminal offenses is shared between the operations and investigative divisions of the Virginia Beach Police Department. Success in this endeavor is dependent upon the talents of employees gained through department-sponsored training, the ability to work cooperatively, and the latitude afforded to personnel to pursue investigations to a conclusion. Those cases reported by patrol officers requiring investigative efforts beyond the function of the uniformed patrol officer will be assigned to the appropriate investigative unit follow-up investigation.
The Detective Bureau, as described in General Order 1.03 Organization and Administration is staffed 24 hours every day. Emergency Communications and Citizen Services (ECCS) and the Command Duty Officer are provided daily Detective Bureau rosters.
Sworn positions within the Detective Bureau will be of the same rank and title as the Uniform Division. Investigators assigned to the Detective Bureau will receive a supplemental clothing allowance.
In order to enhance the working relationships between patrol and investigative functions and maintain a high degree of information exchange, a representative from each investigative squad within the Detective Bureau will regularly attend Patrol shift briefings.
In service to the victims of crime, the Virginia Beach Police Department Detective Bureau exists to investigate crimes while honoring established legal principles, properly document these investigations, and present the findings assertively and objectively for judicial review.
The Detective Bureau is commanded by a Police Captain who will oversee the day-to-day operations of the bureau as well as long- and short-term operational planning. The captain will report to the Deputy Chief of Investigations. The captain will directly supervise three Police Lieutenants, each of which oversees an individual unit that are for the most part aligned based on expected job duties. Each unit is broken down into individual squads which are each supervised by a Police Sergeant. In some instances, a single sergeant supervises multiple squads.
The Traffic Safety Unit shall investigate all motor vehicle crashes which encompass the following offenses:
The Marine Patrol Unit shall investigate all cases involving a boating crash including those involving fatalities.
When circumstances warrant, and at the request of responding patrol officers, detectives may be called upon to respond to crimes scenes in order to assume responsibility for an investigation. Such responses require the responding detective to assume certain tasks that have either been initiated by the responding patrol officer or delayed until the responding detective arrives.
The tasks assumed by the detective generally include the following:
Incident Based Reports (PD-18) completed and filed by patrol officers will be reviewed and screened by an investigative supervisor to determine the appropriateness of follow-up investigation. The objective of this review is to assign available personnel to investigations that have the best chance of being resolved. Factors that should be taken into account during this review include:
All cases involving felony crimes against a person, stolen, and recovered vehicles, and fugitives should involve consultation with the Detective Bureau. Uniform Patrol Officers are encouraged to work cases commensurate with their skill level and detectives will be made available to mentor and assist as needed. Additional factors that may necessitate the case being forwarded to the Detective Bureau include:
As a general rule, one officer or investigator will be assigned to each investigation. Officers or investigators should not be assigned cases based solely on a rotational basis or other criteria-free systems. The assigning supervisor shall consider the knowledge, skills, and experience of the investigator as well as the investigative efforts that will be expended. This does not preclude others from assisting in the case investigation. Once a case has been assigned for follow-up investigation, the assigned investigator shall have 30 days to complete the investigation or request an extension from a supervisor. An extension to an investigation is at the discretion of the supervisor; however, notes documenting the review, the new due date, and the reason for the extension will be recorded using the Axon Records Management System.
Supervisors should review the quality of follow-up investigations to provide guidance and direction as appropriate and to ensure that additional investigative efforts will be productive. Follow-up investigations may be suspended when there is a lack of further leads or solvability factors, unavailability of investigative resources, and/or insufficient degree of seriousness of the offense. Crimes of violence or other serious crimes may deserve consideration for cold case investigative efforts.
Upon the assignment of an IBR (PD-18) to an investigator, the investigative responsibilities of the patrol officer end, and the officer assumes a supportive role in the investigation. The manner in which the investigator proceeds depend upon the case. Generally, detectives assigned to conduct follow-up investigations should consider the following in developing leads and the necessary information to successfully identify and arrest the responsible suspect(s):
The Detective Bureau will be responsible for establishing a position for the investigation of unsolved Cold Cases. A Cold Case will be defined as any investigation that is unsolved and is in an “inactive” status, or any case that the command deems appropriate for further investigation. A Detective Sergeant will be responsible for determining the criteria for re-opening a case for further investigation. This may be a result of additional information or evidence that comes to light or other factors. All additional investigative leads will be added to the original investigative report (PD-3).
To ensure that complete and thorough criminal case files are presented for prosecution to the Commonwealth Attorney’s Office, the following procedures will be utilized. Except for the cases listed below, all felony arrests prosecuted by the Commonwealth Attorney must be screened. Officers and Detectives are encouraged to screen cases prior to an arrest; alternatively, the case screening will take place within five days following the arrest. Officers should be prepared to present a copy of the IBR and a list of witnesses who can testify to probable cause for the arrest to the screening attorney. Whenever possible, requests to screen cases should be made by appointment.
If the screening attorney declines prosecution because more investigative work needs to be done, any future re-screening of the case will be handled by the attorney who initially screened the case.
When a case is screened over the telephone, a screening sheet, IBR, and a witness list will be prepared and forwarded to the screening attorney within three days.
If an attorney declines prosecution after all investigation has been completed and the detective/officer disagrees with the decision, the detective/officer will initially consult with their supervisor. If the supervisor determines that a review of the decision is appropriate, the request for a review will be made to the Chief Deputy Commonwealth’s Attorney.
Exceptions to the screening procedures are:
Screening by the Commonwealth Attorney’s Office is not required for the following offenses. These cases are to be screened by the investigator’s supervisor:
By agreement with the Commonwealth Attorney, the Commonwealth Attorney’s/Services File form (PD-3A) will be utilized when forwarding case documents to the Commonwealth Attorney. The case documents will be forwarded to the Commonwealth Attorney within 20 days of the arrest of an adult and 10 days for a juvenile. Outright indictments to be presented before the Grand Jury must be screened and a completed case report submitted to the Commonwealth Attorney before the case will be placed on an upcoming Grand Jury docket.
All supervisors will utilize the Case Management System function within the Records Management System to perform quality control for cases under their control that are assigned for follow-up investigation. Information in the Records Management System should contain the name of the investigator, date assigned, the case number, and the investigative report due date. The information should also indicate the current status of the case, such as pended active, etc. as defined in General Order 4.01 (Records Management)
Criminal case files will be maintained by the investigating officer/detective while investigative activities are ongoing. When the criminal case investigation is completed or suspended, a copy of the entire file will be delivered to the Support Division Records Unit for retention in accordance with General Order 4.01 Records Management. Accessibility to case files will be limited to the case investigator, supervisors, or other detectives with a legitimate need for such access.
Case files will be maintained by the Support Division Records Unit and in accordance with the Virginia Records Retention Act and General Order 4.01 (Records Management).
The Department, in response to specific trends, serial criminal activity or in cooperation with other agencies in furtherance of the Department mission, may form or participate in task force operations.
When the Department forms a task force in response to a specific trend, serial criminal activity, or the continuation of a planned patrol, that involves only Virginia Beach Police Department personnel, the provisions of General Order 13.01 (ICS/NIMS) will be followed. The ICS format will include the following:
Event / Operations plan that includes:
When the Department participates in a task force involving outside agencies, a written agreement will govern the activities of the task force and will outline the mission and goals as well as the chain of command and the spans of authority. The agreement must specify the criteria for the use of the task force and the procedures for control and evaluation.
Written agreements for task forces shall include the following:
Upon termination of any task force involving outside agencies, a final written evaluation and critique of its effectiveness (after action review) will be drafted by either the host agency or Virginia Beach Police Department participant and submitted to the Commanding Officer of the organizational component providing personnel for the task force.
As part of our commitment to addressing crime, the Police Chief may authorize a sworn member to work in the capacity of a Task Force Officer (TFO) in partnership with a federal agency such as the Federal Bureau of Investigation, Drug Enforcement Agency, etc. Officers who are selected and approved for a TFO assignment are restricted to serve no more than five (5) years in this capacity. The duration will start upon final authorization as a TFO. This does not preclude the Police Chief from extending the duration of an assignment after a thorough assessment based upon the needs of the Department.
Those officers who are currently serving in a TFO capacity that have exceed the five-year duration, have 365 days to from the date of this revised General Order to finish all TFO assigned functions and cases.
Officers may receive calls to a hospice/nursing facility or private residence for someone who has died and is currently on hospice care.
Some hospice/nursing facilities may call the police for liability reasons to help “facilitate” the process to avoid any accusations of negligence or foul play. Most families will not be expecting your presence in a hospice situation due to already having a plan and preparing for the death.
If called to a facility or residence for an expected death of a hospice care patient:
This study guide focuses on the policies and procedures outlined in Virginia Beach Police Department General Order 8.02, concerning criminal investigations. Key areas include:
