Coast Guard Maritime Law Enforcement Academy Case File Preparation

Coast Guard MaritimeLaw Enforcement Academy

Case File Preparation


• MLEM Appendix G

• CDAMIO Manual Chapter 9

References


• 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.

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.

Objectives


• COMPLETE a photograph log.• SKETCH a crime scene.• TRANSFER custody of arrestees,

evidence and property to another agency.

Objectives


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

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


• Seizure of Vessel, Evidence or Contraband• Arrest of persons• Detention of persons for further transfer to

another agency• Recovery of jettisoned contraband

Includes CasesThat Result In:


• 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!

Case File


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)


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!


Case File Format

References

MLEM - Appendix G – Includes LE Checklist

CD/AMIO - Chapter 9 – Sample Forms


• Answer the “Big 6” questions:

• Include all potential witness statements

• Factually accurate and thorough!

Statements


• 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)

Documentation



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

Cover Page



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)


Table of ContentsBM1 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


• 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

LE Checklist


John

Sam

uel

N/A


PART I


PART II










• 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”

Evidence Tags


Evidence Tags

PERMANENTTRANSFER

21 DEC 1987 Special Agent Joe Carro, B.I.C.E.

46 USC 1903

BACK

FRONT


• Identify the case.

• List every item seized as evidence, including evidence tag number.

• Two signatures required:

- Inventory Custodian

- Receiving Agency’s Representative

Evidence Inventory


Post Seizure Inventory


001 Sony Plasma TV 42”, ser#6987h32z Master stateroom002 Furuno G-102 Radar GPS Plotter ser#A4325 Main steering console



Include pictures of:

- Master/Crew/Suspects

- All Evidence

- The Vessel

Photo log sheet and data for each picture

Evidence Photos


• 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 email.

• 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

CamerasPros Cons





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

Prisoner Data


• 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

Transfer Custody


Coast Guard Maritime Law Enforcement School

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

Coast Guard Maritime Law Enforcement School

Crime Scene Sketch



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B

9mm Uzi ser#65439a found

Engine Space

Fwd bilge access

Location where narcotics found


Rights Advice


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…


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.

Documents

Coast Guard Maritime Law Enforcement Academy Case File Preparation