Ch 2 Flashcards
Which Amendment is related to search warrants?
Fourth Amendment (protects from unreasonable search and seizure)
Normal time period search warrants must be executed?
10 days
Stop and Frisk requires?
Reasonable suspicion that criminal activity is occurring, is about to occur or has recently occurred
A pat and frisk is ok when…
Officer has RS suspect may be armed
Plain view exceptions?
- Effecting an arrest
- Executing a search warrant
- Pursuing a fleeing suspect
- Responding to emergency
MV exception search?
Officer has PC that MV contains evidence of a crime or contraband. Locked containers (trunks, suitcases) may be searched
What is the least intrusive stop?
Consensual stop.
Suspect can terminate at any time
What is needed for and investigatory stop?
Specific and articulable facts supporting RS that criminal activity is occurring
Time and scope reasonable to confirm or refute UD has occurred
Reasonable force may be used to detain
Most intrusive encounter?
Arrest
Warrant guidelines
- Describe offense, name or description of accused
- Time of issuance, city, state, duty of officer to return
- Any peace officer in jurisdiction
- Valid until recalled by court
Ways to locate a suspect
- Credit reports,
- Telephone records,
- Employment histories
- Public records.
Basic research often rewards the investigator with meaningful information.
Record Sources of Info
- City and County.
Vital statistics; tax, welfare, courts, schools, jurors, and voting records; prosecutor and public defender.
- State.
Tax and corporate records; courts and alcohol beverage records; consumer affairs data; motor vehicle license and registration files.
- Federal. Federal Bureau of Investigation, and other federal law enforcement agencies such as the Secret Service,
Immigration and Customs Enforcement, Postal Inspection Service, Securities and Exchange Commission, and military investigative agencies. - Private.
Moving companies; telephone company (public directory and directories on file at company office) and other public utilities; credit reporting agencies; banks and finance companies; Better Business Bureau, Chamber of Commerce, business (trade) directories, industry and trade associations, professional associations, etc.14
- Fusion centers.
In a unified effort, local and federal law enforcement agencies are contributing intelligence information to combat threats from terrorism and criminal networks.
If an arrest warrant has been issued for this person, an entry can be located in which database?
National Crime Information Center (NCIC)
Uncommon way that is sometimes used to collect clothing and fibers?
Vaccum
the area in which a search is justified.
Immediate control doctrine. Indicates the area in which a search is justified. If the arrest takes place in a vehicle, the vehicle may be searched. the search usually is restricted to the area over which the arrested person has control.
accusatory pleading
- A witness (or witnesses) who has seen the suspect commit the crime or some part of it
- A witness (or witnesses) who has seen the suspect at the crime scene at or about the time of the crime
- A witness (or witnesses) who observed the suspect in the neighborhood of the crime at or about the time of occurrence
- Physical evidence discovered in the crime scene search that indicates that the suspect was at the crime scene or in contact with the victim
- Physical evidence found on the suspect or among his or her effects at the time of arrest, or secured by other lawful means, that indicates that the offender had been at the crime scene or in contact with the victim
- Connect-ups: a. the suspect possessing the vehicle that witnesses will testify was used in this crime b. the suspect having the proceeds of the crime (in theft and burglary cases) c. the suspect having an unexplained injury (in assaults and homicides) d. the suspect having the weapon used in the crime e. the suspect having been interviewed by an officer at or near the crime scene at or about the time of the crime (the officer having reported it in the regular course of business and being available to so testify)
corpus delicti
the classic “body of the crime” plus the identity of the person charged with it:
- Time and date of the crime and the territorial jurisdiction in which it happened (the venue)
- Name by which the accused person has been identified
- Essential elements of the crime charged
- Specification of the criminal agency used to accomplish the crime and of the name of the victim
This evidence is oriented to countering defenses to the crime charged.
Negative evidence
Ie:
- The defendant did not commit the crime. The defense allegation is that the accused person is the victim of mistaken identification, faulty police work, or pure coincidence and was somewhere else at the time.
- The defendant did commit the crime, but a. it was excusable (usually a claim of self-defense or provocation). b. it was an accident. c. it was the result of legal insanity. d. mental factors diminished the defendant’s responsibility for the act.
- No crime was committed: a. attack on the sufficiency of the corpus delicti b. attack on the sufficiency of the evidence c. attack on one or more of the essential elements of the crime charged (intent, proximate cause, etc.)
Examples of procedural lawfulness
- Nothing suggestive or otherwise improper in locating and interviewing witnesses
- The reasonableness of the search and the integrity of collecting and preserving evidence
- A reasonable surveillance that meets the requirements of due process
- The voluntariness of a confession or admission, together with other due process requirements
Who makes his or her decision and moves through the stages necessary for trial or recommends that no action be taken
The assigned prosecutor. Prosecutors may waive prosecution in exchange for information or testimony against a more hardened criminal,
case clearances in lieu of an arrest
- The investigation discloses that the case is unfounded; no crime occurred or was attempted. However, the return of stolen property, restitution, or refusal by the victim to prosecute does not justify this classification.
- The offender dies.
- The case is found to be a murder and suicide; one person kills another person and then commits suicide.
- The perpetrator confesses on his or her deathbed.
- Arrest and charge of an identified offender are blocked by an uncooperative victim.
- A confession is made by an offender already in custody for another crime.
- The person identified as the perpetrator is located in another jurisdiction, and an unsuccessful attempt is made to gain custody; or the prosecutor does not believe that the expense of an attempt to gain custody is justified.
- Upon the decision of the assigned prosecutor, the person identified as the perpetrator is prosecuted for a less serious charge than that cited at the time of arrest.
Therefore, the criminal investigation function can be terminated in the following instances:
- Results have been obtained in full; the case is cleared by arrest or exceptional clearance.
- Results have been obtained in part, and no further results can be obtained.
- No results can be obtained.
