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PRAISE FOR POLICE PROCEDURE & INVESTIGATIONPolice Procedure & Investigation is an invaluable tool for writers of mystery fiction.— J.A. JANCE, New York Times best-selling authorThis book belongs in the library of every crime writer! More than merely a reference book for writers, Police Procedure & Investigation is also lively and entertaining, a fascinating inside look at law enforcement, told by a police professional with a writer's eye for detail.— TESS GERRITSEN, author of The Mephisto ClubLots of cops know a thing or two about police procedure, but I haven't found anyone else who explains the things writers need to know with Lee Lofland's economy and humor. This is one reference book you'll use!— S.J. ROZAN, award-winning author of In This RainLee Lofland's Police Procedure & Investigation reads like a thriller. It's every crime writer's indispensable reference — packed with the kind of information and insider knowledge that make the police procedure in crime fiction feel authentic
ACKNOWLEDGMENTS I wish I could take all the credit for writing this book, but I can't. Each page was a partnership of thoughts, memories, training, talents, and the combined experience of many law enforcement professionals, writers, medical experts, manufacturers of police equipment, and friends and family from all across the United States and Great Britain. This cover-to-cover journey took me inside police departments, morgues, jails, prisons, police cars, SWAT vehicles, police academies, courtrooms, judges' chambers, prosecutors' offices, and sheriffs' offices. I had the wonderful opportunity to reunite with old friends and make new ones. The journey brought back a flood of memories — some good, some not so good. It took more than two years to gather and distill this information to print. Without the help of the people I've listed below, I couldn't have accomplished such a monumental task. It would take a lifetime to repay all your kindness and hard work. I thank you all from the bot
AUTHOR'S NOTEThe laws of our country and its states, counties, cities, towns, and villages vary greatly, with each police department in the country operating under a different set of rules and regulations. To include each of those laws and regulations in a book would be an impossible task. The material contained within the pages of this book is, for the most part, standard. For information about the laws and rules in your individual areas, please contact your local courts or police departments.The names and places used in the legal documents and within the anecdotal portions of this book are fictional, a product of my imagination. In no way are they intended to portray any person, living or dead. The events, however, are real.
FOREWORDI recall exchanging “helloes” with Lee Lofland at several conferences for mystery writers and fans over the years, but I didn't contact him for help that he had offered till I started writing my CSI: NY novels. I wish I had contacted him earlier. Details of police procedure in my novels would have been more accurate. More important, however, is that those details would have contributed significantly to bringing my work more fully to life.Chicago was covered. I have a friend, a homicide detective, in the Chicago Police Department who provides me on a regular basis about what is going on in the world of crime in Chicago, and much is always going on, usually bizarre and fascinating.When I had a question about police procedure in Bremen, Germany, I met with the Chief of Police of Bremen, had my fingerprints taken and a photo of me is now on file in Germany.When I have questions about police procedure or forensic investigation in Sarasota where I live and write about, I call a detec
PREFACEIt is a constant challenge for those of us who write crime fiction to comprehend and interpret for our readers the police officer's reality.— KATE FLORA, EDGAR NOMINATED AUTHOR OF FINDING AMY: A TRUE STORY OF MURDER IN MAINE AND PLAYING GOD: A JOE BURGESS MYSTERYMy twenty-year career in law enforcement was rewarding at times. One of the more gratifying moments was when I received a card in the mail from a woman and a small child with a picture of the two tucked inside. The little girl appeared to be eight or nine years old. A message had been scrawled on the inside flap of the card in thick green crayon. The writing was crude and obviously written by the child, but the message was very clear. She wrote, “Thank you for saving me and my mommy.”Apparently, I had done something in the course of one of my shifts that had seemed so important to her she felt compelled to write me. I did my best to remember what I could have possibly done for them, but nothing stood out in my mind. It c
1 LAW ENFORCEMENT IN AMERICA The crust that oftentimes develops around the men and women of law enforcement is the result of years of seeing the worst in the worst of people — and the worst in the best of people. Still, they remain ever ready to stand in the gap between all people and those who would do them harm. Moreover, beneath that crust, flashes of tenderness can often be seen — tears pooled in the hardest eyes, comfort whispered in the ears of victims — especially when children are involved. Essentially, while flawed, most are remarkable men and women who run toward danger when others run away. — SHEILA L. STEPHENS, WRITER, SPEAKER, CONSULTANT, AND FORMER ATF SPECIAL AGENT Today in America, there are many law enforcement agencies, but they all fall under the control of a local, state, or federal governing body. It's important for police officers to know that it often becomes necessary for more than one police department to join forces while investigating a crime. In order for po
2THE POLICE ACADEMYTraining is without a doubt the most important investment that a police department can make. With ever-changing tools, techniques, and laws, it's imperative that today's police officer is constantly afforded the best training to provide the best service possible to the public that they serve.— SERGEANT ED BUNS, TRAINING SUPERVISOR, HAMILTON, OHIO, POLICE DEPARTMENTLarge law enforcement departments normally maintain their own police academies. Smaller agencies sometimes pool together and operate multi-jurisdictional academies, where candidates from various police departments and sheriffs' offices attend the same classes.Each police academy teaches the fundamentals of law enforcement. Recruits are schooled in areas such as basic law, driving, firearms, officer safety and survival, defensive tactics, accident investigation, human behavior and psychology, crime scene management, and interview and interrogation.Recruits participate in mock exercises simulating nearly ever
3POLICE OFFICERS: THEIR DUTIES AND EQUIPMENTMovies and television have so infused our ideas of law enforcement, giving us, again and again, this well-worn image of the archetypal, nightstick-swinging patrol officer on the beat. It is a big challenge for crime writers and readers to untangle fact from this cultural fantasy and reach something approximating (to paraphrase Raymond Chandler) the “tangled woof of fact”: the actual day-to-day experience of frontline officers.— MEGAN ABBOTT, AUTHOR OF DIE A LITTLE, THE SONG IS YOU, AND QUEENPINThe business of solving crimes and protecting the lives and property of American citizens is the responsibility of law enforcement. Each law enforcement agency is comprised of various divisions that function according to the individual needs of the agency's jurisdiction.The front line of defense against criminal activity is a division of police officers called patrol officers, who are the first responders to accidents and criminal activity. Before patro
4DETECTIVESEver see a cartoon character run off a cliff? He runs beautifully — until he looks down. Writing a novel is like running through the air; it's all about confidence. Confidence is the key requirement for crime writers lacking a background in law enforcement. Without it, no one will believe our stories. In this chapter, we are effortlessly taken through every facet of a detective's job. Sure, we get the facts — plenty of them. But the facts are integrated in such a way that we begin to understand the culture behind the detective. This is what gives us the self-assurance to make the detective's world our own.— J. CARSON BLACK, AUTHOR OF DARKNESS ON THE EDGE OF TOWN AND DARK SIDE OF THE MOONMany uniformed police officers who work their way up the chain of command strive either to obtain the position of a uniformed supervisor or move into what some officers think of as the ultimate police job — a detective.How an officer becomes a detective varies with each individual department.
5ARREST AND SEARCH PROCEDURESBeing an investigative reporter is just like being a cop — you ask questions, examine the evidence, search for clues, interview the suspects. The big difference: there's no journalism Miranda warning. If the bad guys don't already know their rights, we don't have to tell them.— HANK PHILLIPPI RYAN, EMMY AWARD-WINNING INVESTIGATIVE REPORTER AND AUTHOR OF PRIME TIME AND FACE TIMELaw enforcement agencies and departments have minimum standards of operation as delegated by the U.S. Department of Justice, the U.S. Constitution, and local governing bodies. These standards are specific rules, regulations, and laws that direct the actions of law enforcement officers. These regulations also protect the rights of law-abiding citizens and the rights of those who stand accused of crimes.TYPES OF CRIMECrime is divided into two types — felonies and misdemeanors. Felonies, such as rape, robbery, and murder, are the more serious of the two types of crime and are punishable
6HOMICIDE, MURDER, AND MANSLAUGHTERMurder: a life extinguished, mid-sentence. It's a police officer's job to work the crime scene, pursue the truth, and respect the dead; a writer would do well to treat his own scenes with as much consideration — a little less CSI, a lot more compassion. After all, cops and writers share the same goal: to find the best way to finish the victim's sentence.— THERESA SCHWEGEL, EDGAR AWARD-WINNING CRIME-FICTION AUTHOR OF OFFICER DOWN, PROBABLE CAUSE, AND PERSON OF INTERESTWe are a society that's obsessed with death. Scores of movies, TV shows, and books are written with murder as their point of interest. People are fascinated with how, why, and when killers commit their crimes. Entire families structure their evenings around reality police shows. During the day, we tune our sets to coverage of the real-time murder trials of the rich and famous. Newscasters describe overnight slayings while we eat our breakfast and drink our coffee. And in the evenings, we
7CRIME SCENE INVESTIGATIONDetectives and crime scene investigators often think of each other as “highly overrated.” In reality, both are “highly dependent” on the other to successfully solve and prosecute crimes.— LIEUTENANT DAVID SWORDS, RETIRED, SPRINGFIELD, OHIO, POLICE DEPARTMENTIt's important for writers to know that not all crime scene investigators are sworn police officers. Many years ago, before technology was so very important in police investigations, crime scene investigators were always police officers. Now, many departments hire civilian specialists whose duties are to collect and examine the evidence that's found at various crime scenes. It's easier to separate the two positions — police officer and crime scene investigator — because of the difference in training and salaries. Sworn police officers generally earn the higher salary.The job description of crime scene investigator is wide-ranging. These highly skilled workers are trained in areas of expertise such as crime
8FINGERPRINTINGIt's a challenge to write crime scene investigation that's authentic; it's harder still to make it believable when everyone's become an “expert” watching the folks on TV get it wrong.— HALLIE EPHRON, AUTHOR OF WRITING AND SELLING YOUR MYSTERY NOVEL: HOW TO KNOCK 'EM DEAD WITH STYLEFingerprinting is a valuable tool for law enforcement because no two people in the world have identical prints. Even though identical twins have identical DNA, they have markedly different fingerprints. The basics of fingerprinting are taught to all police officers, but a fingerprint technician practices her craft daily. It takes a delicate touch and a keen eye to be the best, and a good fingerprint technician can sometimes make or break a criminal case.A BRIEF HISTORY OF FINGERPRINTINGThe ridges that cover the surface of fingertips and palms first caught the eye of University of Bologna professor Marcello Malpighi in the late 1600s. The worth of those looping crests was of no importance to him
9DNAThe science of DNA profiling is sound. But not all DNA profiling is sound.— DR. DAN KRANE, CEO, FORENSIC BIOINFORMATICS, INC.Essentially, humans are all the same. We're only separated genetically by a scant 0.5 percent of our total DNA. The remaining 99.5 percent is identical. That 0.5 percent, however, has taken the world of crime solving by storm. Although DNA is fairly new to law enforcement, its roots have been firmly implanted within the scientific community for more than a century.Over the years, DNA evidence testing has become a valuable tool for law enforcement. It has aided detectives in cases that were otherwise impossible to prove. Items once thought to be too small for testing, or even for use as clues, are now the solid foundation of murder and rape cases.DNA evidence tests are capable of providing us with invaluable scientific proof of physical contact between an assailant and a victim. The tests can also be used to eliminate a person as a suspect or to link several c
10AUTOPSYIf a medical examiner were allowed to do only one thing during an autopsy, that one thing should be to weigh the heart of the victim. The weight of a heart is the key to most of death's mysteries.— RICHARD BURKHARDT, M.D., CORONER, BUTLER COUNTY, OHIOAn autopsy is the postmortem examination performed on a body to determine the cause of death. The word autopsy means “to look for one's self,” and people have been doing just that — peering inside dead bodies — for a long, long time.The dissection of dead bodies can be traced to at least 3500 B.C. These early examinations were conducted, not for medicinal or forensic research, but for the purpose of predicting the future. Early people thought that internal organs, such as the liver and intestines, contained messages from spirits.The father of medicine, Hippocrates, theorized that illness was caused by a person's superstitious beliefs, by something the sick had done to displease the gods, or by dark and evil spirits possessing the
11DRUGS, NOT MONEY, ARE THE ROOT OF ALL EVILDrug addiction has only three exit strategies: recovery, insanity, or death. Along the way, incarceration is a real possibility.— D.P. LYLE, M.D., AWARD-WINNING AUTHOR OF FORENSICS FOR DUMMIESWherever major crimes such as larceny, simple assault, robbery, rape, and murder appear, drugs seem to be in tow. I've arrested countless suspects who were under the influence of many types of illegal drugs. In the majority of those cases, the use of at least one of five drugs surfaced — crack cocaine, methamphetamine, alcohol, marijuana, or ecstasy. The type of drug and its side effects varied, but the end result was usually the same — destruction of the user, destruction of the family unit, and incarceration of the addict or recreational user.Police officers and courts are discovering more and more people who are committing crimes and blaming their actions on their use and abuse of physician-prescribed medications, such as hydrocodone (Vicodin), oxycod
12TELL IT TO THE JUDGE: COURTS AND THE LEGAL PROCESSIn our American criminal court system, prosecuting attorneys have a duty to search for the truth. Defense attorneys have a duty to zealously represent their clients. Judges have a duty to ensure that attorneys and witnesses follow the law and at times be a referee in courtroom battles. Jurors have the toughest job of all — to use all their senses including common sense to separate truth from untruth and untangle webs of confusion to result in a just verdict.— THE HONORABLE PAT MOELLER, CITY COUNCIL MEMBER AND FORMER BUTLER COUNTY, OHIO, ASSISTANT PROSECUTING ATTORNEYThe U.S. court system can be quite complicated and confusing to a layperson. It can also be quite overwhelming to someone who's been accused of committing a crime. Once a person crosses the line between right and wrong and makes the decision to do something against the law, the wheels of justice automatically begin to spin. There's no turning back. Sure, the offenders can
13PRISONS AND JAILSJails and prisons are complicated places with all the problems of the outside world, magnified by the pressure every human being feels at the loss of liberty. Writers setting a story inside should start in their own imagination, with the inability to make even the most mundane choices — what to wear, what to eat, how long to stay in the shower — for themselves. And then, make it worse.— LESLIE BUDEWITZ, AUTHOR OF LAW AND FICTION: A LAWYER ANSWERS LEGAL QUESTIONS FOR MYSTERY WRITERSPrisons and jails are crowded. They're bursting at the seams with inmates and there seems to be no solution to the rising rate of incarceration. Each year, the U.S. Department of Justice releases a report detailing the exact number of post-conviction criminal offenders who are currently making their way through the criminal justice system. The 2005 year-end report tells a sad tale.In the United States, one out of every thirty-two people is either in prison or on probation or parole. Nearly
14CON AIR: COFFEE, TEA, OR HANDCUFF KEY?It's never been part of my plan to be a guest of the federal prison system. Now I have an entirely new and totally compelling reason why.— S.J. ROZAN, EDGAR AWARD-WINNING AUTHOR OF IN THIS RAINThe day-to-day operations of law enforcement are apparent to everyone, but there's one major law enforcement operation the majority of the public doesn't know exists — it's the mass prisoner transit system operated by the Federal Bureau of Prisons and the U.S. Marshals Service.With today's federal prison population at a record high — just over 190,000 inmates locked away in more than 100 facilities — finding a place to house these men and women is indeed an increasing problem. In addition, getting those prisoners to their destinations and to and from court hearings is a massive undertaking that requires complex planning and the implementation of top security procedures.The federal prison system is quite a bit different than local prisons and jails. A federa
15THE DEATH PENALTYAn innocent man is going to be murdered tonight. When my innocence is proven, I hope Americans will realize the injustice of the death penalty as all other civilized countries have.— ROGER KEITH COLEMAN, EXECUTED IN 1992 FOR THE BRUTAL RAPE AND MURDER OF HIS SISTER-IN-LAW, WANDA FAYE MCCOYThe United States has a long history of putting people to death for committing crimes. In the year 2006 alone, fifty-three men (no women) were executed in prison death chambers. Fifty-two of those men met their demise through lethal injection. The fifty-third man was killed via electrocution.According to the Bureau of Justice Statistics, the majority of those executions (twenty-four) occurred in Texas. The remaining executions were divided among thirteen other states: five in Ohio; four each in North Carolina, Florida, Oklahoma, and Virginia; and one each in South Carolina, Indiana, Alabama, Tennessee, Mississippi, California, Nevada, and Montana.At the end of 2005, there were 3,254
16C.S. … I DON't THINK SOThe public pays a high price for embracing — without question — the entertaining fantasies about forensic science presented by most television crime dramas and much of crime fiction. That price includes slowed investigations, violent criminals on the loose, innocent people incarcerated, overcrowded jails, clogged court schedules, ineffective homeland security, and many other problems. This is a failure of public policy, not of television and books. Storytelling has its place, but if we don't ask our legislatures to provide real-life support for forensic science, we're living in a costly fool's paradise.— JAN BURKE, EDGAR AWARD-WINNING AUTHOR OF BONES, BLOODLINES, AND KIDNAPPEDFictional TV shows based on criminal investigations have become all the rage in the past several years. The writers of these shows are charged with the responsibility of entertaining their viewing audience, and — based on the shows' extremely high ratings — they seem to be doing quite well
EPILOGUENot a single day passes by without my thinking of the brave police officers out there who risk their lives so we can be safe. Your families want you to come home tonight, so please be careful, wear your vests, and, in the words of Lewis Grizzard, remember to:
EPILOGUE
APPENDIX AGLOSSARY OF TERMSA&B.Assault and battery.AKA.Also known as.AIKIDO.Police defensive tactics techniques developed from this particular style of Japanese martial arts.ABSCOND.To secretly leave the jurisdiction of a court or to conceal one's self from law enforcement officials.ACCESSORY.One who aids or assists in the commission of a crime.AID AND ABET.To voluntarily assist another person in the commission of a crime.ALTERNATE LIGHT SOURCE.Equipment used to enhance potential items of evidence, either visible or invisible light at varying wavelengths.AMICUS CURIAE.Latin for “a friend of the court.” Someone who isn't a party to court proceedings who supplies information to the court that otherwise may not be readily available.ARREST.To deprive someone of his liberty, or to seize a person suspected of a crime.B AND E.Breaking and entering.BENCH WARRANT.An arrest warrant issued by the court.BINDLE PAPER.Clean paper folded to contain trace evidence such as hairs or fibers.BIOHAZARD BAG
APPENDIX BPOLICE 10 CODESPolice 10-codes were originally developed to allow law enforcement officers to converse in secret, preventing the public from understanding their confidential conversations.Not all departments use the same 10-codes, which makes it difficult for officers from different departments to communicate during times of disaster and mutual aid, such as during the 9-11 and Hurricane Katrina catastrophes. As a result, some police departments in the United States have banned the use of 10-codes. officers in those departments converse in a universal language — in other words, plain English. Therefore, instead of saying, “10-4,” an officer would simply say, “Okay.”Some sample 10-codes include:10-1: Receiving signals poorly.10-2: Receiving signals well.10-3: Stop transmitting.10-4: Okay/affirmative.10-5: Relay message.10-6: Busy.10-7: Out of service.10-8: In service.10-9: Repeat message.10-10: Fight.10-11: Talking too fast — repeat message.10-12: officials or visitors present
DRUG QUANTITY TABLEBase Offense Level 38(1)30 kg or more of heroin (or the equivalent amount of other Schedule I or II opiates) 150 kg or more of cocaine (or the equivalent amount of other Schedule I or II stimulants) 1.5 kg or more of cocaine base (crack cocaine) 30 kg or more of PCP 15 kg or more of methamphetamine, or 1.5 kg or more of methamphetamine (actual), or 1.5 kg or more of “ice” 15 kg or more of amphetamine 300 g or more of LSD (or the equivalent amount of other Schedule I or II hallucinogens) 12 kg or more of fentanyl 3 kg or more of a fentanyl analogue 30,000 kg or more of marijuana 6,000 kg or more of hashish 600 kg or more of hashish oil 30,000,000 units or more of Schedule I or II depressants 1,875,000 units or more of flunitrazepamBase Offense Level 36(2)At least 10 kg but less than 30 kg of heroin (or the equivalent amount of other Schedule I or II opiates) At least 50 kg but less than 150 kg of cocaine (or the equivalent amount of other Schedule I or II stimulants)
APPENDIX DFEDERAL SENTENCING TABLECriminal History Category (Criminal History Points)*Sentences are in months, e.g., 0–6 months.
ABOUT THE AUTHORPhotograph © Lori LakeLee Lofland is a former police detective with nearly two decades of law-enforcement and crime-solving experience. He was in charge of major felony cases, including homicide, narcotics, rape, kidnapping, ritualistic and occult crimes, fraud, and robbery. Lee is a nationally acclaimed expert on police procedure and crime-scene investigation and is a popular conference and workshop speaker. He writes freelance articles for magazines and newspapers across the country and is a consultant for many bestselling authors and television and film writers.Lee and his wife, Dr. Denene Lofland, live in the Boston area, where he proudly serves on the board of directors for the New England Chapter of Mystery Writers of America.
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