Evidence and Report Writing Flashcards

An IAS investigator is writing the summary of findings for a discourtesy complaint. Which of the following phrases demonstrates the most objective and neutral tone appropriate for an IAS report?

Answer: The officer stated he raised his voice to be heard over traffic; a witness confirmed the officer's voice was loud.

This statement reports the facts and attributes statements to their sources without using conclusory, biased, or emotionally charged language. Words like "belligerently," "aggressive," and "clearly self-serving" are subjective conclusions, not objective facts. The report should present the facts that lead to a conclusion, not start with the conclusion.

What is the generally accepted standard of proof required for an internal affairs investigator to sustain an allegation of misconduct in an administrative proceeding?

Answer: Preponderance of the evidence

Administrative investigations, unlike criminal trials, typically use the "preponderance of the evidence" standard, which means it is more likely than not (a 51% threshold) that the misconduct occurred. "Beyond a reasonable doubt" is the higher standard required for criminal convictions.

An investigator is reviewing a citizen's complaint of excessive force. During the review, the investigator discovers body-worn camera footage that clearly supports the officer's account and contradicts the complainant's statement. What is the investigator's primary ethical and professional obligation regarding this footage?

Answer: Include and thoroughly analyze the footage in the final report as it is critical exculpatory evidence.

The investigator has an absolute duty to be a neutral fact-finder. This includes actively seeking, documenting, and analyzing all relevant evidence, whether it tends to prove (inculpatory) or disprove (exculpatory) the allegation. Withholding exculpatory evidence is a serious breach of integrity and violates established legal principles.

Which of the following statements is most accurate regarding the use of hearsay evidence in an internal affairs investigative report?

Answer: Hearsay can be included but should be clearly identified as such and given less weight than direct evidence.

Unlike in criminal court where rules of evidence are strict, administrative proceedings often allow for the consideration of hearsay. However, the investigator must properly attribute it and understand that it is generally less reliable and carries less evidentiary weight than firsthand accounts. A finding should not be based solely on uncorroborated hearsay.

When structuring a final internal affairs report, the section that methodically lists each specific policy violation and presents the evidence that either proves or disproves it is known as the:

Answer: Findings of Fact

The "Findings of Fact" section is the core of the report where the investigator logically connects the evidence to each specific allegation. It moves beyond a simple narrative and analytically applies the collected evidence (testimony, documents, recordings) to the policy in question to arrive at a conclusion for each charge.

An IAS investigator receives a tip that an officer posted inappropriate comments about a recent arrest on their personal social media page, which is set to "private." The investigator needs to preserve this information as potential evidence. What is the most appropriate initial step?

Answer: Document the allegation and seek appropriate legal or administrative authority, such as a direct order or subpoena, to obtain and preserve the evidence.

Investigators must follow proper legal and procedural channels to obtain evidence, even digital evidence on private accounts. Using deceptive means can compromise the investigation, and ordering the deletion would be destruction of evidence (spoliation). The evidence is relevant if it pertains to on-duty conduct or brings discredit to the agency, making it subject to investigation.