States Attorneys Looking for Rule 14s?
So there was some roll call training the other day and some interesting information was imparted by the speaker:
- When you call Felony Review to seek charges, everyone already knows that they will refuse charges if you don't have every single piece of information that the ASA thinks they need. This includes names, birthdays, IR numbers, criminal history, Social Security numbers, half-a-dozen witnesses, affidavits from Mom, etc etc.
But in addition to all of this, Felony Review is treating a phone call as an "official report" and the ASA is taking notes that become part of the file. This file has been deemed discoverable and is being used to impeach officers even though no one is under oath. In fact, on a number of occasions, the intake attorney has been subpoenaed to court, gets sworn in, and testifies to the content of the call-in.
We can only think of one reason that this is being done and it involves a Rule 14 being brought against the Department member.
Labels: info for the police
posted by SCC at 12:03 AM
67 Comments:
Because this job wasn't fraught with enough hazards already.
Anyone coming on this job today needs their head examined.
It was a case called in that had different info on the folder than what the facts of the casereally were. Defense was using it trying to use it to impeach the testimony of the officer saying that different info was told to the ASA just to get felony charges. No rule 14. No perjury or anything as people are gossiping about. The guy still lost his motion it just sounded the alarms for the future to make sure that all information is consistent. It blind sided the ASAs as well as the officers. ASA from felony review was called in to HELP the state, the officer and the case. All was explained and the defendants motion was denied. The only way to learn is by not repeating past mistakes. Let’s not spread conspiracy theories because it’s just another learning experience and yes, everything is discoverable including the ASA notes, felony review packet and trial room blue back books.
Keep working hard.
Why catch bad guys? Why have police?
I’m safe. Haven’t made a box one arrest in 4 years. The wonder boys on tac will always take my cb if I get one no matter how bad or smelly they are. They’ll do anything impress these moron bosses
If you call in and have all you're p's and q's crossed off, the charge will stand. I hate to say this but I see younger officers processing paperwork that has holes all over Where are the Sargents that approve?
The city should stop using felony review in incidents that aren’t class X felonies
They've always taken notes and filled out the folder. The folder has always become the court file folder and has always been discoverable. Why do you think the folder has the carbonless copies of the formset. Next time you go to felony court, look. In fact, if you see an ASA on a call-out, they'll show you one.
And what if the ASA wrote it down wrong or misunderstood you?
Can we lateral to Fire or Water dept?....this is pathetic....
Felony review: It's gonna be a denial at this time. Do you wanna know why?
Me:Nope. I don't give a fuck. I'm only calling because I know someone is gonna ask if I did. Now, I just need your name and time of denial.
Why would you even call them if your report is done? They have access to your completed reports. Everything in this article is info you should be asking regardless. Anything they ask you to ask the offender after your report has been submitted and approved goes on a supp specifically stating that you questioned the offender further per the asa. This is not new.
Put the phone on speaker and turn on your BWC. Record the whole conversation. The ASA is a public employee, no reasonable expectation of privacy. The ASAs notes vs your BWC footage. What happens when the ASA perjures themselves from a faulty memory and bad note taking?
If someone could get a hold of the list of exempts, capts, Lts and Sgts who have rule 14 violations on their record. I know there are a whole bunch of POs at call back and other places hidden away never to see the light of day because of rule 14.
Possible Rule 14 for calling Felony Review? That's it!Only Misdemeanors from now on...Or I go Embryonic instead of Fetal..It's much safer..
Crook Co. SAO will look for every reason not to charge criminals and every reason to block/thwart/charge police. Learned from Eric Holder and the Anti-Justice Department.
It's the bizarro world of restorative justice.
Another possible reason is that the phone call is how they decided to charge the defendant with a felony, so it makes sense for that phone conversation to be brought in by a smart defense attorney. They'd be stupid not to take notes on the call that was the basis for approving the charges. I'm surprised they haven't started recording those calls, and I'm sure it's only a matter of time before they do. Take your own notes when you call them so you remember exactly what you said and what they said. It's not so much about rule 14 as it is about the defense trying to poke holes in the case, starting with the initial approval of charges. Make sure whatever you tell them to get that approval is also included somewhere in your case and arrest reports. Don't rush through and leave out important facts. If you tell them on the phone that the offender said he carries the gun for protection because a rival gang is after him, and that he bought the gun for $100 from his cousin, put it in your reports. If it's not in there, it looks like you lied during the phone call just to get charges approved. Don't put "just enough" in the reports to justify the charges. Put in everything that justifies the charges. Seems like common sense, but it happens all the time. Don't give them any ammo to use against you.
How about Rule: [suck dees nuts]
This is isn’t new. Don’t arrest anyone on your signed complaints unless it’s for an obvious Domestic Battery or Violation of OOP. Be very careful with on-view arrests, because the evidence and explaining are all on you. Don’t arrest anyone unless the incident was caught on tape. We recently learned a valuable lesson, video evidence will speak for itself.
Fuck these State Attorneys as they are tomorrows Defense Attorneys looking to screw you over!
All Lawyers are RATS and watch your back!
If you are stupid enough to lie to an ASA, just so you can get felony charges approved. Then you deserve to lose your job and go to jail.
"In fact, on a number of occasions, the intake attorney has been subpoenaed to court, gets sworn in, and testifies to the content of the call-in."
Sounds like hearsay to me, no?
Counties where normal people live don't have Felony Review. They charge the bad guys as the law calls for.
So another reason to go fetal. Do not arrest anyone for anything and you have no problems. Big brother and big sister is watching and looking for a way to jam you up.
ASAs assigned to felony review can be sued, they are part of the investigative process. Provide victims with their information. The BWC idea is excellent. Just remember to FOIA your stuff so Lewin doesn’t lose it after he goes drinking with Elkins.
I don’t see what the big deal is. The problem they are trying to avoid is people lying on felony review just to get charges approved, and then the actual story gets shown via the report or BWC and it’s not as bad as it was claimed or happened. Then everyone looks dumb. This is pretty much common sense...
If you call in and have all you're p's and q's crossed off, the charge will stand. I hate to say this but I see younger officers processing paperwork that has holes all over Where are the Sargents that approve?
11/05/2018 12:17:00 AM
Don't criticize younger officers when you still haven't learned to spell sergeant...
Are you kidding me with this?? This has always been the case. The file and their initial notes have always been brought into play. If you try that stupid to stay something off to an AsA on the phone, That’s on you. But this is nothing new. And, Before you testify , you should always ask to see the ASA s notes or the felony review file.
Anyone whining about this is sadly still making arrests for some reason.
SO in theory when a state attorney comes out and interviews 10 witnesses,victims,criminals and officers they should be added in the report as and "OTHER". Those nifty folders they fill out should also be in the FELONY file. The great note the attorneys take with all that college should also be included as documents of an interview.
NEVER forget a state attorney watched the LAQUAN video and never reported that either. Dont worry DAVE MARCH has great notes and will bring it up at his trial.
Anonymous said...
Put the phone on speaker and turn on your BWC. Record the whole conversation. The ASA is a public employee, no reasonable expectation of privacy. The ASAs notes vs your BWC footage. What happens when the ASA perjures themselves from a faulty memory and bad note taking?
Not a bad idea.
As a previous poster stated - I’m only calling because my boss is going to ask me if I did. Yeah, I called, got a name, done.
And then there is still a question as to why homicide, robbery and burglary arrests are down - who gives a fuck anymore?
Yikes! Who even remembers those phone calls at 4 am 16 hours into your shift?!
Good thing I dont make felony arrests. Or any arrests for that matter.
Always log the name, date, and time of denial in your report. Don't tell them, just do it. I have had ASA's have a hissy when I told them I would move forward with a misd charge and then log their denial in my report. When they told me don't put it in there, and I asked them if they were asking me to withhold information relative to my investigation in the police report.
Anonymous said...
Felony review: It's gonna be a denial at this time. Do you wanna know why?
Me:Nope. I don't give a fuck. I'm only calling because I know someone is gonna ask if I did. Now, I just need your name and time of denial.
11/05/2018 12:25:00 AM
I love it and I agree 100%. Their latest game though is to not give a denial so that they don’t have to take any responsibility. Instead they “C/I it and give you a list of impossible tasks to complete, thereby leaving the ball and blame in your court. They are not our friends.
How many signs do people need?
Do Nothing!
there is a solution to this problem. tell the truth, the whole truth, and nothing but the truth whether you are under oath or not, and take contemporaneous notes regarding official phone calls.
ASAs always take notes. It would be impossible to remember anything if they didn’t. Their notes have always been discoverable. This is nothing new. Any notes an officer or detective takes are discoverable too.
Yes there are a few ASAs who will screw us over, but most of them are on our side. They have heavy caseloads and need to take notes to remember what the facts of the case are and what they did. Most ASAs are trying to help and trying to make sure the information is correct before going before a judge. But if officers are writing bogus reports, the ASAs are not going to put their jobs on the line to save the officer’s job. Nor should they.
There is nothing malicious about them taking notes and putting them in the file. Stop being so paranoid all the time. Take the time to do your job correctly, document everything correctly, and you won’t have to worry about it. Write your reports properly and write them exactly how it happened, and you won’t have to worry about a Rule 14 violation. If there is something that changes during the course of the investigation, document it and explain it in your report. Then you have a jump in a defense attorney questioning you about inconsistencies because you’ve already caught them and explained them.
Ask to record.
Well it appears that Kim FOXX will have an impressive conviction rate on the three felonies that have been approved since she took residence at the S A office!!! Tell me is anybody keeping track of the denial rate on felony charges??? How about after her re-evaluation and adjustment of chargeable felonies, anyone tracking the amount of crime that is not getting charged as felonies due to this??? How about tracking recidivism on subjects charged with misdemeanors that should have been felonies and what are the court outcomes??? Of course not, because the MSM, BLM and the liberal assholes in the city of Shitcago have determined that the police are the problem!!! You like your shitty and the crime wave that has overtaken it??? KEEP BLAMING THE POLICE AND KEEP ON VOTING FOR THE DEMOC"RATS"!!!
There is no story here. This has been in effect for years now. The Folder is part of the file. It always has been discoverable. It has always made sense to tell the truth when speaking with a States Attorney. Anyone who followers up when speaking with the FRU is crazy. It you have to flower it up then it not worth getting jammed up over.
Well I am all for full disclosure in government and especially in the court system. The police are mic-ed up, camera-ed up and video-ed by Joe Citizen on ever call possible! Isn't it time that we start video-ing and mic-ing up our ASA's, the Judges, and anyone else involved with the outcome of criminal cases in the shitty that have been or are responsible for the over the top crimewave that has besieged the shitty? After all aren't all of the new procedures and boards put in place an effort to make a more fairer justice system?
HOW'S THAT HOPE AND CHANGE WORKING FOR YOU CHICAGO?
Anonymous Anonymous said...
They've always taken notes and filled out the folder. The folder has always become the court file folder and has always been discoverable. Why do you think the folder has the carbonless copies of the formset. Next time you go to felony court, look. In fact, if you see an ASA on a call-out, they'll show you one.
11/05/2018 12:19:00 AM
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I think now they type right into the computer - I am guessing there is no folder when it's a phone job
I'll one-up ya. How about COPA making cold calls just to ask you a question about something you did. They will also send you E-Mails out of the blue doing the same.
Just another way to pile on the anti police movement.
Have a witness and show that the ASA is lying. This Asa Office is not interested in prosecuting offender! Unless it’s a PO who made a mistake.
In the past, years ago I’ve seen these call in fact sheets and notes. They’re in the ASA file. Give them a look if you’re ever called to a trial.
Never thought of them as any big secret.
It’s their GPR.
Looking for a Rule 14?
That can be had by inferring what’s on every CPD report and even a Misc Code.
When the he said-they said comes to down to court, who they going to believe?
Remember who you’re arresting and restorative justice.
This is nothing new, except to someone new.
Present your case professionally and to the point without comment or argument.
So what’s happening, is the can’t wait hot shot not too sharps are calling in and bypassing the Area?
And by that I don’t mean for the shoplifters and PSMV’s.
Besides the recent championing false arrest acquittals and releases, the State Atty is catching up on lots of old cases.
Seems like and it would not surprise me that KimmFxxUp is desperately working hand-in-hand with COPA to stick it to Patrol with all the feral getting caught with robberies lately and call-ins getting overloaded with drama.
None the less I f they want you, The KimmFxxUp Referral Team ready to put a case on y’all.
Stay Fetal.
Special Ed arrest numbers are not worth it.
21st Century Policing doesn’t advocate arrest anyway.
Anonymous Anonymous said...
Can we lateral to Fire or Water dept?....this is pathetic....
Sure can. Just report to the fire academy and tell them you want to be a fireman. Easy as that
Anonymous Anonymous said...
If you call in and have all you're p's and q's crossed off, the charge will stand. I hate to say this but I see younger officers processing paperwork that has holes all over Where are the Sargents that approve?
11/05/2018 12:17:00 AM
Some of the "sergeants" have never made a felony arrest. You can't expect them to see mistakes in paperwork they never did. And for those that do and try to help, it's probably exhausting to try to tell the younger officers, who think they know it all, anything.
start recording all contacts with asa a**holes
Now go and get your felony arrest knuckleheads
Off topic. Sneed writes on Monday that 4500 women came to Illinois for abortions from neighboring states because other states had stopped providing abortion services. Were any of these patients treated at Stroger Hospital with Cook County taxpayers funding the abortions? What safeguards exist to prevent out of staters getting treatment that they are not eligible for? Toni??? Lisa Madigan??? Kimmy???
Yeah, they take notes and conveniently loose them once the federal lawsuit comes down and u need the info from the notes.
Anonymous said...
I'll one-up ya. How about COPA making cold calls just to ask you a question about something you did. They will also send you E-Mails out of the blue doing the same.
11/05/2018 10:01:00 AM
well, just ignore them unless you are called in, presented charges and given your rights.
It's really pretty simple, just don't make any arrests. Fetality Forever!
I think now they type right into the computer - I am guessing there is no folder when it's a phone job
11/05/2018 09:58:00 AM
The folder done on either a phone job, or a call out, becomes the actual file folder in court the ASA has all the other paperwork in.
Anonymous Anonymous said...
Always log the name, date, and time of denial in your report. Don't tell them, just do it. I have had ASA's have a hissy when I told them I would move forward with a misd charge and then log their denial in my report. When they told me don't put it in there, and I asked them if they were asking me to withhold information relative to my investigation in the police report.
11/05/2018 08:32:00 AM
Youre not trailblazing here. Youre supposed to enter that info. There is literally a section to enter the ASA's name, a box to check if charges were approved or denied, and a place to enter the time.
Put the phone on speaker and turn on your BWC. Record the whole conversation. The ASA is a public employee, no reasonable expectation of privacy. The ASAs notes vs your BWC footage. What happens when the ASA perjures themselves from a faulty memory and bad note taking?
11/05/2018 12:58:00 AM
Again with this shit? You can't record a phone conversation without consent of all parties. It's illegal. It doesn't matter if an ASA is a public employee or not. You just can't record a phone call without consent. If you tell them your body cam is recording and they're on speaker, and they agree that you can record them, go for it. It's completely unnecessary, but if it makes you feel better, and they don't mind, have at it. Just don't do it without consent. If you do, you've just created the evidence of your own crime. Not such a good plan.
Im so glad I'm leaving this shit show.
Anonymous Anonymous said...
If you call in and have all you're p's and q's crossed off, the charge will stand. I hate to say this but I see younger officers processing paperwork that has holes all over Where are the Sargents that approve?
11/05/2018
If you see this, j hope you help them out a little. Everyone was new once, and needed help.
Off topic. Sneed writes on Monday that 4500 women came to Illinois for abortions from neighboring states because other states had stopped providing abortion services. Were any of these patients treated at Stroger Hospital with Cook County taxpayers funding the abortions? What safeguards exist to prevent out of staters getting treatment that they are not eligible for? Toni??? Lisa Madigan??? Kimmy??
Why do you care? If it bothers you so much, maybe there should be greater access to birthday control. However you feel about this issue, if more birth control we're available and cost less, there would be fewer procedures. You make a point about what it costs, but it is not that simple, nothing ever is.
Why would anybody call felony review and dat something different from the reports. If so, then you're incompetent or just plain stupid.
When Felony Review tells you it's CI'd for anything other than obtaining a video or getting the offender printed to ensure ID, tell them your investigation is complete and there will be no additional information or evidence sought. Tell them to either approve it or de y it as it is being presented. If they refuse and tell you its ci'd then put in your report that you presented the facts of the investigation to an ASA at felony review on such and such a date and time, and the attorney refused to identify themself, and declined to review the matter for charges. Then in the Asa approval/denial box put denied and in the Asa name put refused-refused and the date and time you called.
11/05/2018 05:27:00 PM
Exactly!
Man you guys are soft as puppy shit. If you work just present your case with all that's needed, if you prefer just drive with blinders and then you wont have to worry at all
Sgt big bald baby JC who teaches that roll call stuff never made a call to felony review in his career anyways so how would he know anything?
Anonymous Anonymous said...
Put the phone on speaker and turn on your BWC. Record the whole conversation. The ASA is a public employee, no reasonable expectation of privacy. The ASAs notes vs your BWC footage. What happens when the ASA perjures themselves from a faulty memory and bad note taking?
11/05/2018 12:58:00 AM
Another one too stupid to be a Policeman.
Yeesh!
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