44.

Standards for FBI Investigation—Investigative Procedure-282A Matters—Force and or Violence

Interview the victim(s) and/or complainant(s) for full details of allegation(s). As a part of each interview, secure the identity of (subject(s) and) witness(s) to the incident. Have victim execute a medical release form (FD-465) if injuries sustained were treated by a physician or if victim required hospitalization. Advise victim that information furnished may be used in court of law. See Section 282-8.6(9) of the FBI Field Manual regarding the need for signed statements. Observe, describe, and photograph, in color, any complaint-related injuries visible on body(s) of victim(s) at the time of interview. If victim's wounds are bandaged, determine whether the bandages can be removed so that the victim's wounds can be photographed. If the bandages can safely be removed, photograph the unbandaged wounds. If the bandages cannot be safely removed, photograph the bandaged wounds. Photographs made available from other sources may be used if the authenticity of the photographs can be established and used for court purposes. At the outset of any Civil Rights investigation involving a possible "Color of Law" violation (Title 18, U.S.C., Sec. 242), the responsible head or appropriate official of the agency or institution involved is to be notified of the initiation of the investigation. This includes all local, state and Federal agencies and institutions. Do not furnish the identity of the complainant to this official or any person outside of the FBI or DOJ . Obtain copies of all police reports relevant to the incident under investigation with the exception of Internal Affairs reports. Internal Affairs reports are only collected as part of a "Substantial Case" (see Section 8-3.322(D), infra) and are not collected as part of the "Initial Investigation." A cover FD-302 should be prepared identifying the source of these records and date obtained. Ensure copies of records are readable. Determine what criminal and judicial action has been taken or is contemplated by authorities against victim(s) and subject(s). Conduct appropriate criminal record checks for each victim and subject. An inquiry with the state computerized law enforcement system is normally sufficient. In death cases, obtain a copy of the report of the autopsy if conducted, or coroner's report. Do not delay completion of investigation awaiting these reports but show in your report what steps have been taken to obtain relevant records. Obtain copies of any medical records relating to treatment received by each victim for injuries allegedly sustained at the hands of subject(s). Some hospitals and doctors may require a release (FD-465) signed by victim or a subpoena before making records available. If a subpoena is necessary, obtain the name of the person for whom a subpoena duces tecum should be issued. An FD-302 should be prepared identifying the source of these records and date obtained. Ensure copies of these records are readable. Conduct field office indices search and set out information regarding other civil rights allegation(s) made against each subject. Also, conduct an indices search regarding victim(s) and summarize information contained in field office file(s). At this point, a 282A case may be closed when, in the opinion of the SAC, the investigation establishes that the totality of the circumstances indicates that the case is not of a serious or substantial nature and therefore does not warrant further investigation. Furnish results of investigation to FBIHQ for transmittal to the DOJ. (See Section 44-5 of the FBI Field Manual for reporting guidelines.)