Page 82 - CFDI Guide

• Determine any extenuating circumstances and scenes;
• Determine, issue, and execute any affidavits and warrants for search, seizure, arrest, and charges;

and
• Conduct any investigative tasks to determine if a crime was committed as provided by statute, and

any involved persons – persons of interest, suspects, and witnesses.

• Conduct any investigative tasks to determine if a crime was committed as provided by statute, and
exclude any cleared persons – persons of interest, suspects, and witnesses.

• Conduct investigations which connect the elements of the crime by scene, victims, perpetrators,

witnesses, and instruments – means, ability, and opportunity; a motive is ancillary.

First on scene is most often uniformed officers. When certain crimes are suspected or determined,
detectives are called to respond. These responders have the disadvantage of not knowing what has

happened, who was involved, and what evidence there is or isn’t. The CFDI has the benefit of knowing these,
and perhaps additional information from their client. In the process of reviewing the official investigation

records, reports, and photographs – the CFDI will find the investigation evolving and information changing.
The lack of progression and evolved investigation should be a red flag. Similarly, progression and evolving

unsupported by the information, facts, and evidence should also be a red flag. See our article, “Tunnel
3
Intelligence” in the Appendix section of this Guide for how these can distort the process – and how the CFDI
should be cognizant of their own.

Law Enforcement Records and Reports
The law enforcement investigators (detectives) will conduct their investigation to determine if a crime

occurred, and any suspects, the elements, etc. The crime must fit within the statutory elements, which are
then detailed in the charges; these are what the criminal defense team and CFDI will address. The CFDI may

be less focused on certain elements – such as the defendant’s alibi as to date, time and place (which are
important to the defense investigation); however, the work of the CFDI is very integral to the evidence to

the elements of the charges. The CFDI will be more focused on the other elements – intent, knowledge,

involuntariness, and also defenses – including statutory affirmative defenses, and others. The following are
more specific to the law enforcement investigation (this includes other state and federal investigative
agencies – i.e. OSHA, NTSB, etc.):

• All patrol, investigative, victim advocate and crime lab reports and supplemental reports (to include

incident, witness statements, associated internal data entry and state/NCIC records).

3 “Tunnel Intelligence”– PI Magazine, 2011 – Dean A. Beers, CLI
68 | P a g e