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Coast Guard MaritimeLaw Enforcement Academy
Case File Preparation
Coast Guard MaritimeLaw Enforcement Academy
• MLEM Appendix G
• CDAMIO Manual Chapter 9
References
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
• COMPLETE a photograph log.• SKETCH a crime scene.• TRANSFER custody of arrestees,
evidence and property to another agency.
Objectives
Coast Guard MaritimeLaw Enforcement Academy
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
Coast Guard MaritimeLaw Enforcement Academy
• 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:
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
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)
Coast Guard MaritimeLaw Enforcement Academy
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!
Coast Guard MaritimeLaw Enforcement Academy
Case File Format
References
MLEM - Appendix G – Includes LE Checklist
CD/AMIO - Chapter 9 – Sample Forms
Coast Guard MaritimeLaw Enforcement Academy
• Answer the “Big 6” questions:
• Include all potential witness statements
• Factually accurate and thorough!
Statements
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
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
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
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)
Coast Guard MaritimeLaw Enforcement Academy
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
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
John
Sam
uel
N/A
Coast Guard MaritimeLaw Enforcement Academy
PART I
Coast Guard MaritimeLaw Enforcement Academy
PART II
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
Evidence Tags
PERMANENTTRANSFER
21 DEC 1987 Special Agent Joe Carro, B.I.C.E.
46 USC 1903
BACK
FRONT
Coast Guard MaritimeLaw Enforcement Academy
• Identify the case.
• List every item seized as evidence, including evidence tag number.
• Two signatures required:
- Inventory Custodian
- Receiving Agency’s Representative
Evidence Inventory
Coast Guard MaritimeLaw Enforcement Academy
Post Seizure Inventory
Coast Guard MaritimeLaw Enforcement Academy
001 Sony Plasma TV 42”, ser#6987h32z Master stateroom002 Furuno G-102 Radar GPS Plotter ser#A4325 Main steering console
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Include pictures of:
- Master/Crew/Suspects
- All Evidence
- The Vessel
Photo log sheet and data for each picture
Evidence Photos
Coast Guard MaritimeLaw Enforcement Academy
• 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
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
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
Coast Guard MaritimeLaw Enforcement Academy
• 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 MaritimeLaw Enforcement Academy
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
Coast Guard MaritimeLaw Enforcement Academy
Coast Guard MaritimeLaw Enforcement Academy
3
B
9mm Uzi ser#65439a found
Engine Space
Fwd bilge access
Location where narcotics found
Coast Guard MaritimeLaw Enforcement Academy
Rights Advice
Coast Guard MaritimeLaw Enforcement Academy
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…
Coast Guard MaritimeLaw Enforcement Academy
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.