Do Police Have To Keep Thier Field Notes

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Essential Annotation Taking Skills

"You will never know the value of good notes until you lot don't have them."

Cst. (ret.) Wyatt, New Westminster Police force

Officers need to takes notes. The Hollywood image of an officeholder taking detailed notes is an accurate i; officers should always strive to take authentic and thorough notes. At times, officers are unable to have notes due to exigent situations, but fifty-fifty and so they should accept notes as soon as practicable. Courts volition enquire if officers" notes were taken contemporaneously, i.e, were the notes taken equally soon as a possible? The courts understand that if an officer is in a situation in which safety is an outcome, and so notes cannot be taken immediately. However, in one case the officeholder is safely able to take notes, they are expected to practice so.

Types of Notes

Officers are able to collect notes in a multifariousness of ways, yet officers should exist conscientious to follow agency policy, which usually contains guidelines that reflect the court'south expectations. Nonetheless, notes can be taken on anything. There are numerous incidents in which officers may be without their notebook, or have taken notes on a handy slice of paper instead of their agency notebook. In these cases, the notes are all the same valid, as long as the officer tin can place them as being theirs, and that they were taken contemporaneously. The notes in this example should be signed and dated by the officeholder. An example of this is when an officer is driving through the streets and sees a suspicious motorcar, of which the officer notes the license plate on a scratch pad.  When a crime is later detected in the expanse where the officeholder observed the automobile, the notation that the officer made on the scratch pad is the officeholder's note and should exist saved as evidence for court.

Handwritten notes tin come in different formats, such as:

1. Notebooks
   There are numerous types of notebooks, and each agency has their preferences. The Vancouver Law Department used to use a book that opens to the left and contains only lined pages with a margin on the left. The RCMP and some municipalities accept notebooks that open from the bottom and flip up. Within the notebook is information such as metric converters. The Vancouver Police now have notebooks that open from the right. Each officer's notebook should be compatible throughout the agency and only the notebook that is issued by the agency should be used. As a standard practice, notebooks issued past the bureau should have numbered pages that are non easy to pull out. This is considering officers should exist transparent; when they write a fault in their notebook, they should not remove the mistake past vehement the page out.

2. Pre-formatted log sheets
   Detectives may choose to utilise log sheets. The log sheets are easy to write on if they are attached to a clipboard. Each notation sheet can contain a lot of information and the space tends to brand note taking clear and neat.

3. Manifestly lined newspaper
   Detectives may also use lined paper in legal or letter size.

Officers are beginning more and more than to take notes on computers, in the form of laptops at the role or in the car as a Mobile Data Terminal (MDT). Agencies are also experimenting with recorders in which officers talk into a mic that is fastened to them. Much like a body cam, the audio recording device transcribes the officer's spoken words into transcript that acts as notes. There are benefits and problems with each of these newer technology note-keeping systems.

1. Laptops are a bully style to take notes because the notes are always readable and non bailiwick to interpretation problems associated with poor handwriting, or messy ink issues. Documents that are created on computers are also hands searchable. This comes in handy when officers are engaged in long-term investigations when at that place is a lot of information that has been gathered by the investigators and the information has to be easily accessed. Oftentimes investigators will recall mention of something, and when the data is searchable, information technology easy to locate. One of the issues with laptops or electronic devices is that some judges may not like them and have piffling trust in them. As departments develop protocol in conjunction with law and judicial groups, this should change. However, judges still like to see written notes and are currently more than likely to view them with greater trust than digital notes. This volition change as protocols are established and trusted. As function of their chore and duty, Defense Counsel are as well likely to critique digital notes and endeavour to make them appear to be unreliable. This is easy to do until they are accepted by higher court. Conversely, written notes that are clearly fabricated in chronological social club and take visible mistakes within them are hard to criticize for trustworthiness.
   

   

   "Day 167 – Due west Midlands Police – Torso worn cameras" by W Midlands Constabulary, Flickr is licensed under CC BY-SA two.0

2. Digital recorders are convenient and "as it happens". They are accurate because the data is recorded in real time or immediately afterward the fact. They also tend to comprise more information because speaking into a recorder is faster and easier than writing or typing. Digital recorders do have problems, such as being labor intensive after the recording is made. Transcribers are expensive and required to transcribe the recording onto typed transcripts. If the transcript is not typed by the original investigator who fabricated the recordings, then the transcripts must be reviewed and proof-read for accuracy. This all takes a peachy amount of time and resources.
3. Notes can exist taken on anything when drastic. While notes recorded on agency approved and supplied notebooks and recorders are preferred, officers tin take notes on anything. In instances where officers take witnessed incidents while without their official notebooks or recording devices, the courts will take whatsoever the officers write on. Officers have been forced to write notes on napkins and these notes were accepted in court. Care must be taken by the note-taker in these situations to ensure the notes are signed and dated by the note-taking officer. The notes must too be preserved and treated as an exhibit.

There are benefits to taking notes that are accurate and thorough.

Ensures accountability.

Notes should exist made as contemporaneously as possible. This means that an officer must record their notes as soon equally it is safe or practicable to do so. The notes will reflect what the investigator thought, what they did and what they observed. Notes let the officeholder to be answerable for their actions but also to exist held accountable by others. When an officer properly enters notes that are truthful, they will also record mistakes that the officeholder makes in expert organized religion. Likewise the officeholder will be able to legitimately record things such as coincidences that, to some, would seem unbelievable. Notes are an important tool to permit the officer to be accountable for their actions.

Reflects your efficiency and professionalism.

Accurate and consummate notes demonstrate that the note taker is professional person and that they are efficient. Notes can illustrate that:

you followed policy;

you showed no bias or prejudice; and

your actions and decisions were legitimate.

Aids in report writing.

Officers rely on their notes while writing reports. Most incidents that officers are involved with are abroad from their computers. To remember details they need to make notes contemporaneously so that the data is authentic. Once the notes are made, officers transfer the information to the report in a more readable format.

Assists in an investigation.

Notes are fashion to create records that can exist referred back to. Key data that may otherwise be lost to memory can referred to. This is especially helpful when suspects contradict themselves, new information becomes known that matches old information, and old data becomes relevant in a current investigation.

Aids in accurate testimony.

Officers are often required to become to courtroom to present the evidence that they have accumulated. Detailed notes must exist made to reflect the manner in which the evidence was collected and to corroborate the officer's retention that the evidence was collected in accord with policy, the charter and other statutes. Officers, peculiarly those involved in complex cases, cannot be expected to remember every item. Notebooks are a retentivity aid that officers, with certain conditions, are able to use and refer to in court. Notes are critical to reflect in courtroom the following:

1. 1. 1. Verbatim conversations between the officer and suspects, witnesses and victims. Officers may too exist subject to res jestae statements (open-door statements that are made spontaneously) and these must be recorded equally shut to verbatim as possible. Other statements may include statements that the officer heard beingness made between other people.
      2. Continuity of exhibits. Exhibits must exist collected, seized and stored in strict accordance with the police. Every movement and action regarding property or exhibits must be recorded. This includes the "who, what, where, when, why and how" of everything involving the exhibit.
      3. Authentic account of details. The details of all incidents volition be considered to be more apparent when they are corroborated with notes, rather than from memory. Details include everything from decisions made past the investigator to the color of pants that a suspect was wearing during a robbery.

Officers who use their agencies" note books must follow certain "Rules of Maintenance". Consequent note-taking practices throughout the agency reflect the professionalism of agencies. Mutual rules of maintenance include:

1. 1. 1. Write in black ink only. While this rule came well-nigh due to the low quality of earlier photocopiers and their inability to fully copy non-black ink, notes are nevertheless more often than not taken in black ink. Some officers have used blue ink with the argument that the blue ink differentiates itself from copies that appear black, and that new copiers are expert plenty now to fully re-create coloured ink.
      2. Ensure that the owner of the notebook'southward name and consignment are conspicuously labelled on the outside comprehend. Officers practise lose notebooks and the only way to have them returned is to have their names on them.
      3. Seal off used portions of notebooks when in court. While referring to notebooks in court, Defense Counsel volition often ask to meet the notes that the officer is referring to. If the Defense force Counsel is handed the book in courtroom, they may be able to expect throughout the notebook and view what could be confidential data. A good practice is to hold the book for the Defense Counsel to view information technology while the officer holds it.
      4. Practice not editorialize; include "just the facts". Each notebook is subject to scrutiny by the courts, Liberty of Information and Protection of Privacy legislation, and the officer'due south supervisors. It is critical that notes are considerately recorded and reverberate only he facts. It is likewise critical that notes practice not contain any mention of biases or subjective ideas.
      5. Notes must reflect the iv Cs:
         Clear –  at that place cannot exist an apparent endeavour by the officer to make notes that only the officer tin can read, thereby rendering it difficult for Defense Counsel to read.  Some officers develop a shorthand system that assists them in making quick notes. Officers who use symbols must be prepared to analyze what each symbol hateful. The symbols should make sense and be consistent throughout the notes. They must non exist unprofessional or demeaning in their use and satisfy the professionalism demands of the B.C. Constabulary Act. An case of a symbol is a triangle used by officers to refer to the A in accused.
         Complete –  notes should have a start, a body, and a conclusion. They should non get out the case halfway through with no conclusion. Notes should besides include all pertinent data about people, and of import details such as date of nascence, email addresses and contact information.
         Curtailed – notes should be considered memory aids that refresh the officer's mind. Notes are not a place to write narratives; they are meant to be recorded contemporaneously and then expanded upon in the report narrative. The exception to this is when a reportee, witness, complainant or suspect states something that may be relevant later on in court. This is a state of affairs in which the notes should be recorded as close to verbatim as possible. Besides of import in the notes for statements is how the statement was made by the statement giver. Was the statement made in a thing-of-fact vocalism or was the person emotional, and if so, what type of emotion was exhibited? Also, was the argument fabricated voluntarily, and how did the person making the statement know that it was a voluntary statement?
         Consistent –  notes should exist recorded in the same style and format, showing a pattern. Entries should show the same type of writing and the same format. This illustrates to Defense Counsel a mensurate of professionalism, as well as the likelihood that notebook entries are authentic and written past the aforementioned officer.

The mechanics of a notebook are the easy office of note-taking. The complicated part is knowing what to put in the notebook. "Scribe" courses are offered to aid officers who may act as "scribes" in serious incidents to know what to enter and what not to enter every bit notes. When information is entered into the notes that should not exist entered, problems tin can arise, such as:

• contradicting other data or facts with theories or subjective belief; or
• including information resulting from officers' brainstorming or constructing theories.

Issues as well arise when officers do not enter information that ought to take been entered. These problems include declining to include:

• why decisions were made;
• authentic information nearly people; and
• information or bear witness that is exculpatory to the case and demonstrates bias.

Officers who are taking notes should consider including the following information:

• What the officeholder heard, saw, said, smelled. Each of these pieces of data should be recorded and concisely expanded upon, so that when the officer reviews the notes, they are able to recall exactly what their senses registered.
• What decisions you made and why. When an officeholder makes a decision that involves an arrest, search or seizure, they demand lawful authorization to execute information technology. While the lawful authority at the time may seem obvious, afterwards a year or so when the officer goes to court, the reason for making the lawful decision may be unclear. Officers should consider the notebook a decision log, in which decisions are logged and, most importantly, the grounds upon which the officer made the decision.
• Most importantly, when officers use force, they must certificate exactly the level of force they used and the reason they believed that force was needed. Officers must be careful not to exaggerate the reasons that they subjectively believed they needed to use force. Their notes must be detailed and consummate, off-white and balanced.

Employ of Notebooks in Court

Officers who nourish court are required to give fair, accurate and detailed testimony that is not meant to support the prosecutor's case, just rather to offer the court an business relationship of everything the officer witnessed or did. Officers at times do not attend court until years after the event. When they do attend courtroom for bigger cases, they may be called to give testimony that may have seemed footling to the officer at the fourth dimension of the incident, but to the courts, years later, the testimony may hateful the deviation betwixt a guilty verdict and a not guilty verdict. Officers are expected not to say in court "I tin't recollect". They are expected to somehow admission their memory and brand recollections professionally and accurately. The but fashion they can do this is to refer to their notes before and during the trial. Experienced officers know that information technology is worth the effort to review and report their notes before they have an interview with Crown Counsel, and that after the interview they may be more aware of what Crown and Defence are interested in. It is a adept practice to utilise Post-It Notes in the notebook to locate certain notes that may be referred to in courtroom. This allows the officer to quickly reference their cloth while on the stand up. Sometimes Defense Counsel will tell the Crown what part of the officer's bear witness they will take issue with during the officer's testimony. When an officeholder studies before the case, it is important that they understand these problems and the reasons that they made their decisions. Officers should not feel the need to memorize details from their notebooks, such every bit times and license plates. In fact, memory is so fallible that officers should be reluctant to rely upon their memory. I mistake in court testimony that illustrates a false memory may exist seized upon by Defence Counsel and used to harm the reputation and credibility of the testifying officer. Officers should be prepared to use their memory equally much as possible, but when they are unable to recall details, they are normally permitted to access their notebooks to refresh their memories.

Officers are able to refer their notebooks under the post-obit atmospheric condition:

1. They have wearied their memory.
2. They have received permission from the gauge to access their notebooks to refresh their memory. Typically, this is preceded by the officer attempting to remember a detail and, when unable to practise so, turning to the approximate to enquire, "Your Accolade, I am unable to recall. May I refer to my notebook to refresh my retention?". The gauge may answer in one of several means. They may ask Defense Counsel if they take whatever objections. If asked, often Defense Counsel will say they have no objections, or ask the judge to ensure that the officer has exhausted their retention. The judge may ask the officeholder if they have wearied their memory. The officer will respond that they take exhausted their memory. Usually, the judge will allow the officer to refer to their notes. Other questions that the judge or the Defense force may ask is, "were the notes fabricated contemporaneously?" This is a vague term that tin can mean different things to different people at dissimilar times., The officer is required to make their notes equally soon equally practicable. This means that the officer is non required to brand the notes while the result is occurring or during a employ of forcefulness activity. No one expects the officer to stop to make notes while struggling to handcuff a doubtable. The courts expect that the moment the officer is safe and able to brand notes, they do and so. If an officeholder completes the arrest after a struggle with the suspect, but is out of breath, the courts allow for the officer to take time so that they are fix to brand detailed and accurate notes. The officer must articulate whatsoever delays in completing the notes, including these reasons in the notes. Officers who make their notes afterward, fifty-fifty when they include a logical and sound reason why they were required to complete the notes later, may not be allowed by the courts to refer to their notes if the judge decides the notes may not be fair and accurate.

Once the judge consents to the officer using their notes in courtroom, the officer is free to apply the notes for the residuum of the time that they are on the stand. Officers who are asked a serial of questions by crown and Defense Counsel can refer to their notes for each of these questions. In contentious cases, the judge may ask the officer to frazzle their memory regarding a specific question or point of show, however the officer is entitled to refer to their notes based upon the original permission granted by the judge. An officer who is on the stand up for an extended time may ask the judge if they can continue to utilise their notes. This is non required, but demonstrates respect for the approximate, especially when court resumes after a intermission.

Once in court, officers who are given permission to refer to their notes must be prepared to permit Defense Counsel to examine the notebook to which the officer is referring.  Defense Counsel volition practise this to ensure the officer is reading from the exact same notes that they received a re-create of. This is one of the reasons that officers must never become dorsum to update or change their notes. The copy of the notes that the officer discloses to Crown Counsel should be identical to the notes that the officer reads from. Officers, while showing Defense Counsel their notes on the stand, should hold on to their notes so that counsel does not walk abroad with them and look at other cases that are non of concern in the current legal proceedings. Furthermore, most officers block off other cases in their notes that are unrelated to the current legal proceedings, by using elastics or paper clips to secure and isolate pages that are unrelated to the current legal proceedings.

Officers should likewise proceed in mind that their notes are not the "existent evidence". Notes are just reference material to support the real evidence. While notes may record verbatim what a suspect said in a res jestae argument (an unsolicited inculpatory argument fabricated by a suspect) this is not the testify; the real evidence is what the person stated. The notes are just a record of what the suspect stated. The notes may become evidence if the writer has made an incorrect entry that proves Defense Counsel'southward case, or if there are unprofessional entries that demonstrate the officer's lack of credibility. Notes should simply exist a conduit that points to show and answers the "who, what, where, when, why and how" of the evidence.

Officers should also continue in mind that their notes are discipline to full disclosure and that all officers involved in a example are required to attach or browse a copy of their notes to the written report to Crown Counsel. This is due to the findings of Regina versus Stinchcombe, which establishes that Crown Counsel has a duty to share all materials that they intend to use in court, including notes that are made regarding the case. Even notes that are made about the case only are not directly related to evidence, are required because Crown Counsel is expected to err on the side of inclusion.

Basic Notebook Principals

Considering officers make notes while on duty and in notebooks that are supplied by the agency, they are the property of the agency, not the officer. If at any fourth dimension a supervisor asks to review the notes, the officer must present them to the supervisor. Officers at the police academy are subject field to notebook inspections and must present completed and up-to-date notes; likewise, supervisors may enquire officers to encounter their notes after graduation.

Notes are likewise considered public records and, as such, are subject to disclosure requests under the Liberty of Information and Protection of Privacy Act.

Notes are permanent records and should never be destroyed or lost. When an officeholder has completed a notebook they should be stored co-ordinate to departmental policy. Officers are free to retrieve the notebooks to check information near a case or when they are preparing for court. Following proper storage policy prevents officers from losing their notes and makes the notes are available to other investigating officers, should the author of the notes not be available. Notebooks should never be discarded or lost. Should a notebook exist misplaced, all efforts should exist made to recover the volume, to mitigate the issues surrounding the breech of confidential information independent in the annotation volume, that could exist detrimental to the safety of suspects, reportees, witnesses and victims.

Procedure for Setting up an Investigator's Notebook

Notebooks should exist ready up the same fashion each time an officeholder starts a new book and a new shift. Consistency looks professional and reflects a standard approach to all cases and all shifts. Because it is critical that notebooks never exist lost, notebooks should all be labelled on the forepart comprehend. Many notebooks contain a template on the front cover so that officers are able to easily fill out the required information. Some departments, such as the Vancouver Police Department, utilize a notebook that has a bare comprehend. Typically, the front cover should include the post-obit information:

1. Name
2. Rank
3. Personal Identity Number (pin)
4. Department
5. Email accost
6. Phone number
7. Unit the officer is attached to
8. Book number
9. Date of the first and last entry were fabricated the annotation book was used.

What Non to Write in your Notebook

Notebooks are the belongings of the police force section, and equally such they are allowed to be viewed by a supervisor at whatever fourth dimension and by officers of the courtroom. It is critical that notebooks comprise simply documentation that relates to the officeholder'south professional life. Officers must not include the following in their annotation books:

1. Anything that would not be open to scrutiny past the media or court. Notebooks are subject field to Freedom of Information and disclosure rules in judicial proceedings. Officers must write their notes equally though they will announced on the front page of the local paper Thee notes may well get part of a case, and reported on by the media.
2. Personal opinions. Facts are most important. At times officers may note their opinions based on facts, but it is critical to identify opinions as such. For example, when an officeholder makes a subjective decision they may write that, based upon the series of facts, they have decided to abort the suspect because they believed that the suspect had committed the crime.
3. Personal biases. While everyone has biases, officers must be aware of their biases towards a person or a situation and act in means that mitigate them.

The Importance of Possession

I of the main rules for officers and their notebooks is that officers never misplace their notebooks or lose them. Some departments have a policy that after each shift, officers submit their notebooks and so collect them when they offset the adjacent shift. This policy re-enforces that the notebooks are the property of the department and ensures that the notebooks are safety stored when not in use.

Notebooks must never be lost because of the confidential content they contain regarding the officer's investigation. Officers should never allow their notebooks out of their sight; even while they leave to use the washroom, they should not get out the notebook on their desk-bound. The notebook should either be taken with them or locked in their desk.

Errors and Corrections

When officers brand notes at a criminal offence scene, or when they make notes contemporaneously later on the incident, mistakes tin can exist made. Judges and prosecutors understand that mistakes are part of being human being and, as such, mistakes should be expected from fourth dimension to time. When mistakes do occur in a notebook, officers must be prepared to defend the mistake in courtroom, but they must exist transparent most the mistake. Because the mistake should not reverberate bias, prejudice or annihilation else unprofessional, officers should be comfortable with the fault. Even if the mistake was fabricated in a moment of unprofessionalism and the officeholder is aback of the annotate or entry that they made in the notebook, the mistake must nevertheless be revealed.

An officer may correct a mistake only immediately after the entry. If the officer realizes that that they made a mistake later the fact, the mistake must non be corrected. When the officer later realizes they were mistaken, they must make a new entry in the notebook and refer dorsum to the original entry. Some officers put a sticky notation in the position where the mistake was made, to cantankerous-reference the entries. The sticky note becomes role of the notes, and is likewise open for disclosure. Because notes must be made contemporaneously,  officers must use sticky notes or a note page that is attached to the original notebook folio. Notes that are entered later to correct an mistake may give the impression that the correction was made to cover a mistake. To exist transparent, the sticky note, or a page attached with a staple, clearly identifies the cantankerous-reference every bit carve up and distinct from the original notebook folio mistake.

Officers who make mistakes should always follow these rules:

1. Make the correction immediately.
2. Draw a unmarried line through the error.
3. Do non scribble.
4. Do non erase.
5. Do non apply correction fluid (White-Out).
6. Practise not rip out pages.
7. Initial both ends of the lined-out mistake.
8. Make the correction.

Photographs as documents

Photographs should be taken by forensic experts who are trained to take proper photographs. When this is non possible, in less serious files photographs should be taken by one investigator, in consultation with the lead investigator or other investigators assigned to the investigation. This ensures a consequent practise amongst all investigators in the collection of the exhibits. If more than one officer takes photographs, there may be some inconsistencies because some exhibits may have been moved past other officers. The officers may have moved the exhibits, thinking that the scene had been processed. A fault such every bit this could lead to confusion in court, allowing the defense to raise the issues of incompetence or corruption, and greatly discredit the investigator and the investigation.  When officers decide to accept photographs, they should make notes with every photograph so that they are able to remember the context of each photo. The first photographs should get-go from the uttermost distance, and each photograph should move closer to the scene or the showroom. The showroom should be photographed from dissimilar angles to bear witness each side. Video should also exist considered for sure scenes. Investigators should be mindful that videos record audio as well, and use professional language at all times, especially during videoing. Investigators should take into account that each of these photographs and videos is subject field to Freedom of Information legislation. Sketches can be made by all officers to enhance their recollection.

Diagrams and Sketches

Diagrams and sketches should always be considered when an investigator is confronted with a large crime scene or a scene that requires explanation. In a notebook, officers should brand a free-manus sketch. While sketches that are fabricated at the scene accurately reflect the scene, if they are not to scale, they may need to include some measurements for critical exhibits.

Diagrams look more professional, and are generally completed on a carve up newspaper or calculator generated. They are a formal drawing that is completed away from the scene, based upon measurements taken at the scene. They tin can too exist based on sketches in notebooks and photographs, and should be fatigued to calibration. Diagrams should be completed by trained investigators.

Source: https://pressbooks.bccampus.ca/communicationinlawenforcement/chapter/essential-note-taking-skills/

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