GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: INVESTIGATION OPERATIONS
TITLE: INVESTIGATION & PROSECUTION
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
INVESTIGATION & PROSECUTION
600.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines and requirements pertaining to the handling and dispositions of criminal investigations.
600.2 POLICY
It is the policy of the Lincoln Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor.
600.3 INITIAL INVESTIGATION
600.3.1 OFFICER RESPONSIBILITIES
An officer responsible for an initial investigation shall complete no less than the following:
(a) Make a preliminary determination of whether a crime has been committed by completing, at a minimum:
An initial statement from any witnesses or complainants.
A cursory examination for evidence.
(b) If information indicates a crime has occurred, the officer shall:
Preserve the scene and any evidence as required to complete the initial and follow-up investigation.
Determine whether additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required.
If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander.
Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects.
Collect any evidence.
Take any appropriate law enforcement action.
Complete and submit the appropriate reports and documentation.
(c) If the preliminary determination is that no crime occurred, determine what other action may be necessary and what other resources may be available, and advise the informant or complainant of this information.
600.3.2 SUPPORT STAFF MEMBER RESPONSIBILITIES
A Support Staff member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested.
600.4 CUSTODIAL INTERROGATION REQUIREMENTS
Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy.
600.4.1 AUDIO/VIDEO RECORDINGS
Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law.
No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Criminal Investigations supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate, and complete, and are made only for authorized and legitimate law enforcement purposes.
Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects may continue to be obtained when applicable.
600.5 DISCONTINUATION OF INVESTIGATIONS
The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies:
(a) All reasonable investigative efforts have been exhausted, there is no reasonable belief that the person who committed the crime can be identified and the incident has been documented appropriately.
(b) The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition.
In these cases, the investigator shall document that the person was warned and why prosecution was not sought.
Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor.
(c) The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation.
(d) The case has been submitted to the appropriate prosecutor; charges have been filed; further investigation is not reasonable, warranted or requested; and there is no need to take the suspect into custody.
(e) Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested.
(f) Investigation has proved that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases).
The Domestic Violence, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor.
600.6 COMPUTERS AND DIGITAL EVIDENCE
The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available.
600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES
Use of social media and any other internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment.
Information obtained via the internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and Criminal Organizations policies).
600.7.1 ACCESS RESTRICTIONS
Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval.
Accessing information from any internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report.
Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report.
Information gathered from any internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report.
Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered.
600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION
Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception.
600.8 IDENTITY THEFT
A report should be taken any time a person living within the jurisdiction of the Lincoln Police Department reports that he/she has been a victim of identity theft. This includes (Ala. Code § 13A-8-196):
(a) Taking a report, even if the location of the crime is outside the jurisdiction of this department or has not been determined.
(b) Providing the victim with the appropriate information and materials. Department members should assist with any questions.
A report should also be taken if a person living outside department jurisdiction reports an identity theft that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box in City of Lincoln to facilitate the crime).
A member investigating a case of identity theft should ensure that the case is referred to the appropriate agency if it is determined that this department should not be the investigating agency (e.g., an identity theft ring working from out of state). The victim should be advised that the case is being transferred to the agency of jurisdiction. The appropriate entries should be made into any databases that have been authorized for department use and are specific to this type of investigation.
600.9 MODIFICATION OF CHARGES FILED
Any authorized request to modify charges on a pending case or to recommend dismissal of charges shall be made to the prosecutor.
600.10 FACIAL RECOGNITION TECHNOLOGY (FRT)
The Department is committed to providing law enforcement investigative services by use of FRT to the community with due regard for the racial, cultural, or other differences of those served and without discrimination toward any individual or group and in accordance with federal and state law (see the Bias-Based Policing Policy for additional guidance).
600.10.1 FRT COORDINATOR
The Chief of Police should designate a member of the Department to be responsible for the management of the FRT program.
Responsibilities should include but are not limited to (Ala. Admin. Code. R. 265-X-5-.01 et seq.):
(a) Establishing department protocols and procedures that conform to applicable federal, state, and local laws.
(b) Submitting required data to the state repository.
(c) Identifying images appropriate for retention and coordinating disposal with the forensic investigator(s).
(d) Collating documentation for audits and acting as main point of contact for the Alabama Law Enforcement Association (ALEA).
600.10.2 AUTHORIZATION FOR FRT
Only trained members are authorized to utilize FRT (Ala. Admin. Code R. 265-X-5-.08).
Members shall restrict FRT to approved uses, including but not limited to (Ala. Admin. Code. R. 265-X-5-.05; Ala. Admin. Code R. 265-X-5-.06):
(a) Field identification.
(b) Non-field investigation through a repository.
Repository comparison searches shall be conducted by Biometric Examiners.
(c) Confirmation of identity upon arrest.
Arresting officers should submit arrest photographs used for identity confirmation (e.g., booking photograph) to the FRT designee for submission to the state repository.
(d) As an investigative tool to screen persons based on actionable intelligence of an impending terrorist or criminal act.
600.10.3 RESTRICTIONS ON THE USE OF FRT
The following restrictions apply to the use of FRT (Ala. Admin. Code R. 265-X-5-.05; Ala. Admin. Code R. 265-X-5-.06):
(a) Members shall not use FRT to conduct surveillance based solely on the basis of religion, politics, race, ethnicity, gender, sexual orientation, or any other constitutionally protected activity.
(b) Members shall not take enforcement action based solely on the conclusion of a Biometric Examiner.
Nothing in this policy is intended to prohibit an officer from taking legitimate law enforcement action based on the totality of the circumstances and not solely on a field identification or investigative search result (Ala. Admin. Code R. 265-X-5-.05).
600.10.4 DOCUMENTATION
All pertinent records regarding the use of a facial recognition service should be maintained to facilitate public reporting and auditing of compliance with the Department's facial recognition policies (Ala. Admin. Code. R. 265-X-5-.08).
600.10.5 TRAINING
Members whose duties may require use of FRT shall receive periodic training on this policy and related procedures and shall demonstrate their knowledge and understanding. Additionally, required basic and annual training shall be provided and address the following topics (Ala. Admin. Code. R. 265-X-5-.08):
(a) Proper and lawful use of face images for facial comparison purposes
(b) Techniques to capture high-quality face images in the field for most accurate results
(c) Appropriate use and sharing of information obtained from a facial comparison search
(d) Deletion of a field identification probe image used for comparison
Biometric Examiners shall receive training compliant with the Facial Identification Scientific Working Groups requirements for morphological comparisons.
The Training Coordinator shall maintain a record of each authorized member's training and acknowledgement of this policy.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.