Expert: Loren Stevens - 3/16/2010

Question
Hi, I am midway through a novel that I am working on and I've stumbled upon a few kinks I can't seem to work out. 1.) if a detective dies while on duty (he was allegedly crooked, working for the mafia, and was murdered outside his jurisdiction and both his death and cooberation with the mob are still unsolved crimes as of a year later), how long before his family receives his insurance money?  Months?  More than a year?  Would he have to have children under the age of 18 to receive the benefits?  Presently, I have them in their twenties but this could be changed.  His wife is deceased also, but his older parents are still living so maybe they can be beneficiaries.  This is important to my novel, because I have it set up that IA reopens the case a year later when they hear new evidence has arrisen and they become eager to pull the claim.  And 2.)  My hero works for a different dept (organized crime unit at the local precinct where the detective was killed) so my other questions is, when the tip comes into this precinct from the CI that the evidence IA searched last year is allegedly still at the deceased's residence would it be plausible that the Sergeant ask my hero and his partner to watch the activity there for a day or two from their car in plain clothes?  Is there anything else the Sergeant might ask them to do at this point?  Any ideas?  All he has to go on so far is this tip and hearsay that already someone else has tried breaking into the house to obtain the evidence.  One last thing, and I really do appreciate you taking this time, what level detective would this be (the one watching the house) I have it set up that he worked the case last year when it fizzled out and is second grade at a NYC precinct. Thank you so much, and thank for your time spent on the streets keeping us all a little safer:)

Answer
Hello Michelle Rosario,
You ask a LOT. So, let me see if I can't add a measure of clarity for you.
Lets take this a step at a time...If an officer or Det, as you describe is killed while in duty, or in the line of duty is to be perceived as one of the preconditions of the benefits you mention. Being in or out his or her jurisdiction isn't relevant. Jurisdiction has to do with HIS authority, and WHO's responsibility to address police agency business at a specific location.
Example, say he is a cop in Henderson NV. He has authority to enforce city ,county and state statutes. But to enforce a city ordinance in Reno, even being in the same state(NV) he would have to do it as a "citizen's arrest", or enforce it selecting a state statute on the matter. Do you understand that?
Now, I am pretty sure, that being killed on duty, and killed due to a nexus of official duties, would be perceived as a difference, with little distinction. In other words, on duty, or "duty" related. The real issue, being that the death had a causal relationship to his official status, in some way.
Being "allegedly crooked" will give staff officers a headache, as the deceased officer is not available to defend himself. Mere suspicion won't cut it, there better be a bunch of substantive evidence, that is germane to an open case. The officer could have been working a case without formalizing it, as he didn't have enough intel, or he was concerned of leaks in his agency or a number of other reasons. Maybe his snitch was a "privileged" source...Doctor of a wise guy, and the cop had to protect the source, from medical ethics violations, Hippa norms or whatever?/ My point, is that what looks to be a dirty cop on first blush, or even upon reasonable examination is difficult to reconcile, when the officer is not available to fill in the blanks, defend himself, explain the situation(s) etc. And, you need to deal with "real-world" where the media may very well line up with the officer's next of kin, and portray these vague accusations as a means of stiffing the family out of a settlement, or that the officer was  'free spirit' and not well liked by the bossed of the agency. Thus, they were stalling on his benefits to next of kin... Lots of ways to go with this.
You might want to take a look at: 42 U.S.C. 3796,et seq,
Also punch up https://www.psob.gov
Look at "Death and Disability Benefits"
All under: PSOB.. (public safety officer benefits ACT...)
I think the figure as of Oct. 1, 2009, is $311,810.
Moving on...whether his killing is solved or unsolved is irrelevant for benefits granting. Of all the possible types of life insurance the deceased could have: personal, American Legion, VFW, Agency, police union or Congressional etc. What is relevant, is the cause of death, and associated circumstances. If there is ANY fraud suspected on the claim(s), that is a different story. Usually, "fraud" on a death benefit has to do with suicide, and double-indemnity issues.
Typically, a suicide is obvious, or semi-obvious. Often with a note of explanation, and methods, or surroundings etc.
However, a suicide made to look like an accident, so as not to void out an insurance claim or double-indemnity issues is not that uncommon.
Ok, assuming the officer was killed and duty related. The benefit awards go to his named beneficiaries. If none listed, his next of kin can petition the court (probate) for recognition.
The age of the beneficiary is moot. If an adult, it will go directly to that person or persons. If a juvenile, it will go to a trust, or to the child legal guardian,  depending on how it was set up.
The time it takes for the next of kin/beneficiaries to receive the benefits is a matter of processing, and administration, once the cause of death has been determined as relevant, and no fraud in the death benefit is suspected.
What is helpful, is that the deceased officer's agency has to put in the paper work for the Congressional benefit, so that essentially recognizes the agencies view of the situation and circumstances of it all.
Ex post facto issues can be hair splitting. If there was no known fraud to exist or suspected, and all parties or beneficiaries acted in GOOD FAITH, there will be no sanctions on anybody down the road, if evidence surfaces that illustrates another case consideration.
OK, now into your CI and evidence on this down the road.
Know this, absent any port of entry issues, or INS, Customs, Border Patrol, or Coast Guard...all other local, state and federal law enforcement agencies are REQUIRED to stay within the parameters of black letter law. There are 4 ways to legally search for evidence to a suspected crime: Search incident to a 'law ful arrest' (booking counter inventories)search due to exigent circumstances, search with a warrant, and search with CONSENT.
That's it!
T'wer me, I would secure a court authorized warrant, yet, I would go to the place to be searched and first ask for consent...my logic...if there was no issues of fraud, or post settlement fraud or anything to worry about, then I would expect a freely given "consent", and I would factor that into my incident reporting, as well as in the search warrant "return". If I experienced reluctance to grant me "consent" I would have to wonder why, and factor that into my inquiry as well.
Plus, a search warrant needs to be specific...where you are to search, and what it is you are searching for.
When you find what you are searching for, you (police) have to stop searching at that point. The range of the search is wider if consent is given.
As for the Sgt. and your hero surveillance the hose..what would they be expecting to see? And, it would depend how the place to be watched was situated. Some places are difficult to watch from a car. e.g., kids playing nearby, compromising the surveillance , school or no park zones etc.
Sometimes, on an important case, I'd put up a "pole-cam", and watch it from afar, or have a team of a surveillance crew near by with ample cars to conduct a moving surveillance.
But again, what is the potential Gail and delay?
Now, to get a judge to sign off on a search warrant, based on information from a snitch, you'll need to "qualify" the CI...what cases has the CI been reliable in the past? what was the yield? how determined to be credible etc.
The "level" of Investigator is moot. You wouldn't put a supervisor, or anybody not necessarily involved with this case. But paygrade isn't the issue. The availability, and surveillance skill-sets is what matters.
If you suspect any coprincipal correspondence, or anything going through the mail...you can get a "mail-cover" where the postal Inspector's office records the return address of all mail to the address you are watching.
You won't have enough meat on the bone for a wire tap (T-3), but you could get a "trap/pen" set up on the phone lines...a pen register electronically records ALL phone numbers Called to, and subscriber info. A "trap" records ALL calls coming in, date time duration, subscriber info.
Hey, this is plenty of information for you. Hope it helps you get to the Denouement, with some flare.....
Semper Fi,
loren

Michelle, re-reading your question(s)...I should also say, that it is not likely, that an agency IA unit would reopen a year old case on a deceased officer. If it was anybody, it would be the "cold case" unit in Homicide, as an unsolved.
The agency does not pay the Congressional job related settlement, or the Insurance. The officer's labor union would hold that paper. The police union would probably not get tangled up in this, unless the death was fraud, i.e., suicide.
You might be interested to know, that a cop assuming a role as being "dirty" is a great undercover role. I have directed these type cases, and it is great. The cop has to memorize nothing, no "cover story", is expected to carry a firearm, and whatever cases s/he "fixes, they can re-file later after the operation unfolds.
But again, even if the cop was crooked, it has not been proven, and little effort would go to prove a case where the officer was not available to defend himself, or explain his actions.
And, it still wouldn't impact the fact he was killed as a "job related" killing.
Hope that clears it up.
loren