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Case File Preparation.

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Presentation on theme: "Case File Preparation."— Presentation transcript:

1 Case File Preparation

2 References MLEM Appendix G CDAMIO Manual Chapter 9

3 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.

4 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.

5 Objectives COMPLETE a photograph log. SKETCH a crime scene.
TRANSFER custody of arrestees, evidence and property to another agency.

6 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

7 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

8 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!

9 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)

10 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!

11 Case File Format References MLEM - Appendix G – Includes LE Checklist
CD/AMIO - Chapter 9 – Sample Forms

12 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

13 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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15 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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17 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)

18 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

19 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

20 N/A John Samuel

21 PART I

22 PART II

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31 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”

32 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

33 Evidence Inventory Identify the case.
List every item seized as evidence, including evidence tag number. Two signatures required: - Inventory Custodian - Receiving Agency’s Representative

34 Post Seizure Inventory

35 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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37 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

38 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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42 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

43 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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45 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

46 Crime Scene Sketch

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48 Location where narcotics found
3 B 9mm Uzi ser#65439a found Engine Space Fwd bilge access Location where narcotics found

49 Rights Advice

50 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…

51 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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