Policing Without Prosecutor Involvement: Understanding Police Closure Policies

When it comes to criminal investigations, there is an interesting dynamic between the police and the district attorney (DA) office. This article explores the scenarios under which police can close an investigation without notifying the prosecutor. Additionally, it delves into the policies and guidelines that guide police departments in these situations, particularly in cases involving serious crimes.

Can Police Close an Investigation Without Informing the Prosecutor?

The answer to this often depends on the severity and the available evidence. In instances where the evidence is insufficient or the case is low-on-workload, the police may opt to suspend or close the case without sending it to the DA. This is especially common in cases where the level of workable evidence is minimal. However, in cases involving serious crimes, the police typically send the case to the DA, who then determines whether the case has enough evidence for further prosecution.

Termination and Determination in Police Investigations

There are instances when investigations end in a determination of 'unfounded' or 'closed' without any arrests. Additionally, cases may remain open if there is a possibility of new information coming to light. Overall, the police have a comprehensive understanding of criminal law and the elements surrounding specific offenses. They work with the DA's office to establish policies on when reports are sent to the DA, with guidance often coming from the prosecutors' office.

Policies and Practices Across Jurisdictions

Police departments at large often have detailed policies on when to involve the DA. In more urban settings, DA's offices can dictate policies that direct police agencies. For instance, a large city's DA’s office may expressly tell police not to bring in cases of prostitutes stealing clients’ wallets during sex acts, as the cases often do not result in court appearances and may waste resources.

In smaller, slower-paced police agencies, the DA's office might require detailed scrutiny of investigatory reports. For cases involving a suspect, it is not uncommon for prosecutors to call and seek further information. As a police officer, maintaining transparency with the DA is crucial to avoid the impression that key information is being withheld from the public.

Early Contact with Prosecutors

For serious offenses, officers typically contact the prosecutors early in the investigation. This practice ensures that the prosecutors are familiar with the case, which can provide a second opinion and additional support. In minor cases, such as those arising from a car stop where an officer has discretion, the case can often be closed on the spot, particularly if the officer is both the witness and the victim. However, for cases where an arrest is made, the DA is automatically involved.

Departmental Policies and Practices

Police departments generally have a policy stipulating that if there is any allegation and a suspect has been identified, the report must be sent to the prosecutor. This is not so much for the sake of seeking a warrant as it is for a second opinion. It is not uncommon for prosecutors to request such reports, and to even contact officers for further clarification on specific cases.

For example, my department's policy is that any case with an identified suspect must be sent to the prosecutor, even if an arrest has not yet been made. This policy ensures that a second opinion is provided and that the case does not slip through the cracks.

Conclusion

The decision to close an investigation without referring it to the DA is a complex one that depends on the evidence and the nature of the case. While there are urban and rural differences in policies and practices, the overarching goal remains the same: to ensure that justice is served as efficiently as possible. Understanding these policies is crucial for both police officers and the communities they serve.