Ch. 2 Flashcards
Regardless of the crime being investigated and the law enforcement officer acting as an investigator, all investigations must be carried out in a legal- as well as ____ __ _____ -manner.
Moral and ethical
Laws that govern proper procedures for investigations in arresting suspects, searching crime scenes, and seizing property as evidence are referred to as _______ ________ ____.
Criminal procedural laws
Investigators must be mindful of _____ ______ ____, which define the legal requirements that have to be met to determine whether a crime has been committed, and whether a given suspect is guilty or innocent of a specific criminal act.
Substantive criminal laws
Four primary goals of carrying out a criminal investigation.
- To establish that a crime has been committed
- To gather evidence or proof of the crime
- To identify and arrest suspects
- To build a case for trial
The first legal requirement that must be satisfied in order for a criminal investigation to proceed is determining the ____ ____ of a suspected criminal activity.
Corpus delicti
These are factual requirements of a crime that must be demonstrated and supported by evidence obtained during the investigation.
Elements of the crime
There are four levels of mental criminal responsibility that can be proven or disproven through investigative evidence.
Purposeful
Knowing
Reckless
Negligent
An investigator must satisfy the requirements of ______ ______ to initiate the investigative process, and those of _____ _____ to conduct formal searches and arrests- barring exceptions established by the U.S. Supreme Court.
Reasonable Suspicion
Probable Cause
_______ _______ exists when a particular situation would lead an officer to suspect that a crime is being committed, is about to be committed, or has already taken place.
Reasonable Suspicion
The legal standard to arrest when an officer has a reasonable belief a crime has occurred and the accused has violated the elements of a certain crime.
Probable Cause
Officers may use any and all legally relevant facts and observations that they have gained(including ____ from third parties) to justify their suspicions or beliefs regarding an alleged criminal offense or offender also known as _____ __ __ ______.
Hearsay
Totality of the Circumstances
To justify the need for a warrant, the investigator must prepare a _____ __ ______ _____ outlining all the factual circumstances supporting the officer’s belief that the person, place, or thing is the target of the intended search is somehow related to a specific criminal activity.
Statement of probable cause
According to rules of law outlined in ______ v ____ (1983), a search warrant can be issued only after a judge determine from the facts presented in the affidavit that the totality of the circumstances suggests the existence of probable cause.
Illinois v Gates
As a general rule, descriptions in _____ ______ should provide enough detail to enable an officer with no knowledge of the case to effectively serve the warrant without encountering difficulties locating the place(s), recognizing the vehicle(s), or identifying the person(s) to be searched.
Search warrants
_____ __ ____ warrants authorize law enforcement officers to enter private property without the permission or knowledge of its occupants and to search for (but not seize) evidence, and afterwards return with a proper search warrant.
Sneak and Peak