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Case File Preparation
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References MLEM Appendix G CDAMIO Manual Chapter 9
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Objectives STATE when a Law Enforcement package is required.
COLLECT statements and supporting Law Enforcement case package documents. COMPLETE Parts I and II of the Law Enforcement checklist. ESTABLISH chain of custody.
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Objectives PREPARE chain of custody documentation.
CONDUCT a post seizure inventory of a vessel and arrestees. COMPLETE post seizure inventory documentation. PHOTOGRAPH suspects, evidence and a crime scene.
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Objectives COMPLETE a photograph log. SKETCH a crime scene.
TRANSFER custody of arrestees, evidence and property to another agency.
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When is a Case File Required?
Any time a civil or criminal case could go to trial in the U.S. or a foreign country Includes cases that result in: Seizure of Vessel, Evidence or Contraband Arrest of persons Detention of persons for further transfer to another agency Recovery of jettisoned contraband
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Includes Cases That Result In:
Seizure of Vessel, Evidence or Contraband Arrest of persons Detention of persons for further transfer to another agency Recovery of jettisoned contraband
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Case File A document which provides a detailed account of the entire case. It provides the groundwork for U.S. and foreign attorneys to prosecute offenders. A solid case file can make your case….just as a poor/incomplete one can lose your case!
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When Do You Start Collecting Case File Information?
It may start PRIOR to getting underway! (Msg traffic/tasking, GPS/Radar/Alco-Sensor Calibration Logs..) It may start PRIOR to the boarding! (Pre-boarding questions, observations, LE info, MISLE)
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Bottom Line…. The Boarding Officer! Who is Responsible?
Responsibility for compiling all evidence and preparation of the case package rests with the seizing/arresting unit Bottom Line…. The Boarding Officer!
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Case File Format References MLEM - Appendix G – Includes LE Checklist
CD/AMIO - Chapter 9 – Sample Forms
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Statements Who - What - When Why - Where - How
Answer the “Big 6” questions: Include all potential witness statements Factually accurate and thorough! Who - What - When Why - Where - How
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Documentation Ensure all forms are COMPLETELY filled out and signed (CG 4100 & CG 4100S) All events not already noted on 4100 form documented in remarks section All secondary forms are attached to the primary enforcement forms (4100S or EAR/OIR attached to 4100)
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A cover page should contain:
Name of the unit Date of the seizure or arrest Name of the person who prepared the case file package A brief single paragraph synopsis of the case And a table of contents listing all enclosures
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Table of Contents Heading with case name and Coast Guard unit preparing the case file Brief paragraph synopsis of case All enclosures/sections listed in order and numbered (example Page 01 of XX)
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Table of Contents BM1 Casey Preperation
Concerning the arrest and/or seizure of the master and/or crewmember/s of the vessel boarded for a violation on The date it was boarded
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LE Checklist Complete the entire checklist, Parts I and II, as applicable Line out and initial empty blanks and/or write “N/A” in each blank If entire page is obsolete or “N/A”, include the page with a line drawn from corner to corner with a signature
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N/A John Samuel
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PART I
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PART II
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Evidence Tags One tag for each piece of evidence
Each tag is complete and legible The Boarding Officer has signed each tag as the seizing officer (Authorized Officer) BACK: Purpose – “Permanent Transfer”
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Evidence Tags FRONT 46 USC 1903 BACK 21 DEC 1987 PERMANENT TRANSFER
Special Agent Joe Carro, B.I.C.E. 21 DEC 1987 PERMANENT TRANSFER BACK
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Evidence Inventory Identify the case.
List every item seized as evidence, including evidence tag number. Two signatures required: - Inventory Custodian - Receiving Agency’s Representative
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Post Seizure Inventory
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Sony Plasma TV 42”, ser#6987h32z Master stateroom 001 002
Furuno G-102 Radar GPS Plotter ser#A Main steering console
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Photo log sheet and data for each picture
Evidence Photos Include pictures of: - Master/Crew/Suspects - All Evidence - The Vessel Photo log sheet and data for each picture
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Cameras Pros Cons 35mm: Good quality and easy to make copies
Instant: Immediate feedback on photo quality Digital: Immediate feedback on photo quality; Can be downloaded to computer and sent via . 35mm: Unknown at time if picture turned out. Instant: Poor quality; No negatives for duplication. Digital: Cameras are expensive, rapidly deplete batteries and original photos can be edited
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Prisoner Data Name: Saddam Hussein
Location: 6’ x 8’ Spider Hole near Adwar, Iraq Position: Former President of Iraq Description: Black/gray hair, full beard, white shirt, black coat Possessions: $750,000 in 100 dollar bills
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Transfer Custody Page check and verify Case File is complete
Retain copy of Case File at Unit Verify identity of Agent receiving the evidence/suspects. Check their ID Ensure all chain of custody and property inventory documents have been signed by receiving agent Advise Agent about status of Miranda Rights
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Crime Scene Sketch Use a Legend Indicate Measurements
Indicate Whether or Not it is to Scale Label! Location of Evidence/Crime Scene Neat and easy to read
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Crime Scene Sketch
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Location where narcotics found
3 B 9mm Uzi ser#65439a found Engine Space Fwd bilge access Location where narcotics found
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Rights Advice
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Other Information Unit Logs Field Notes
L/E SITREPs / Messages (Non-classified) Chartlet of the area Copy of Vessel documentation/registration, prisoner identification papers, fisheries log books, etc…
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BOC Case File Submission
Each Team will submit a complete case file package for their Criminal Law Evaluation Boarding. Be thorough and accurate…. You will be issued a summons to appear in a Federal court to testify about your case, based on your submitted case file package during Court Day.
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