Section 24-2704. PRELIMINARY INQUIRIES

 

2704.1Preliminary inquiries occur where MPD receives information or an allegation not warranting an investigation because there is not yet "reasonable suspicion" of any criminal activity.

 

2704.2MPD may initiate preliminary inquiries in response to information indicating the possibility of any criminal activity threatening public safety or the security of the city.

 

2704.3Preliminary inquiries may be opened immediately, depending on the circumstances presented.

 

2704.4Preliminary inquiries permit MPD to respond in a measured way to ambiguous or incomplete information, with as little intrusion as the needs of the situation permit.

 

2704.5Preliminary inquiries are used when there is no complainant involved or when an allegation or information is received from a source of unknown reliability.

 

2704.6Preliminary inquiries are subject to the limitations on duration under Section 2704.9 and are carried out to obtain the information necessary to make an informed judgment as to whether a full investigation is warranted.

 

2704.7Preliminary inquiries are not required when facts or circumstances reasonably indicate any criminal activity that would threaten public safety or the security of the city. In such cases, a full investigation can be opened immediately pursuant to Section 2705.

 

2704.8Preliminary inquiries may be authorized by the Executive Director, Intelligence Fusion Division or the appropriate supervisor of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander). The official authorizing the preliminary inquiry must ensure that the allegation or other information which warranted the inquiry is documented and preserved.

 

2704.9Preliminary inquiries shall be completed within 60 days after initiation of the first investigative step. The date of the first investigative step is not necessarily the same date on which the first incoming information or allegation was received.

 

2704.10The Executive Director, Intelligence Fusion Division, or designee of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander), may grant an extension of time in an inquiry for one subsequent 60-day period. All extension requests shall be in writing, and shall include a statement describing the information already collected and demonstrating why additional time is required to pursue the inquiry. The action taken on any such request for extension shall also be recorded in writing.

 

2704.11The Chief of Police may grant an extension of time for inquiries requiring more than 120 days. All extension requests shall be in writing, and shall include a statement describing the information already collected and demonstrating why additional time is required to pursue the inquiry. The Chief of Police shall approve a preliminary inquiry under this section that is to remain open for more than 120 days, and shall do so in writing, stating the justification for the preliminary inquiry.

 

2704.12All lawful investigative techniques may be used in preliminary inquiries, but reasonable precautions should be taken to minimize interference with First Amendment activities without impairing the success of preliminary inquiries. Undercover officers, informants, and mail covers may be used in an authorized preliminary inquiry after written approval and authorization is obtained from the Chief of Police or designee. Mail openings and wire interception and interception of oral communications, as defined in D.C. Official Code §23-541 (2001), shall not be used in a preliminary inquiry.

 

2704.13Investigative techniques that may be used without prior authorization from a supervisor in the course of an authorized preliminary inquiry include, but are not limited to:

 

(a)examination of MPD indices and files, public sources of information, including available federal, state and local government records;

 

(b)interviews of complainant(s), potential subject(s), previously established informants, and other sources of information;

 

(c)interviews of persons who should readily be able to corroborate or deny the truth of the allegation, except this does not include pretext interviews or interviews of a potential subject's employer or coworkers (unless the interviewee was the complainant); and

 

(d)physical, photographic or video surveillance provided that such surveillance does not require a warrant.

 

2704.14If there is an immediate threat of criminal activity, oral authority by the designated MPD commanding officer to use the investigative techniques described in 2704.12 is sufficient until a written authorization can be obtained; provided, that other legal requirements have been met. The required written authorization shall be obtained within 5 days of the occurrence of the emergency.

 

2704.15Preliminary inquiries failing to disclose sufficient information to justify a full investigation shall be terminated.

 

2704.16MPD shall record terminations of preliminary inquiries and destroy all information that would identify individuals associated with such inquiries.

 

2704.17MPD shall maintain summaries of terminated preliminary inquiries, omitting information that would identify individuals. Such records shall be maintained in the Intelligence Section consistent with MPD's records retention schedule.

 

2704.18All requirements regarding preliminary inquiries shall apply to preliminary inquiries that have been extended pursuant to section 2704.10 or 2704.11.

 

2704.19A MPD member may initiate a preliminary inquiry relating to a First Amendment assembly, for public safety reasons, without authorization, as follows:

 

(a)Members may gather public information regarding future First Amendment assemblies and review notices and approved assembly plans.

 

(b)Members may communicate overtly with the organizers of a First Amendment assembly concerning the number of persons expected to participate, the activities anticipated, and other similar information regarding the time, place, and manner of the assembly.

 

(c)Members may communicate overtly with persons other than the organizers of a First Amendment assembly to obtain information relating to the number of persons expected to participate in the assembly.

 

(d)Members may collect information on prior First Amendment assemblies to determine what police resources may be necessary to adequately protect participants, bystanders, and the general public, and to enforce all applicable laws.

 

2704.20Filming and photographing First Amendment assemblies may be conducted by MPD members for the purpose of documenting violations of law and police actions, as an aid to future coordination and deployment of police units, and for training purposes. Filming and photographing of First Amendment assemblies may not be conducted for the purpose of identifying and recording the presence of individual participants who are not engaged in unlawful conduct.

 

source

Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).