Criminal Inv-Chapter 2, Rules of Evidence and Arrest

Question 1

Relevance

Answer 1

connection between a fact offered in evidence and the issue to be proved. Evidence must also be material.

Question 2

material

Answer 2

Evidence is considered material if it is important or substantial, that is, capable of properly influencing the outcome of the trial.
evidence become immaterial when it is so unimportant compared to other easily available evidence that the court should not waste time admitting it.

Question 3

search warrant

Answer 3

written application that outlines the probable cause for the search and describes the place to be searched and the person or things to be seized. The investigator must swear, or affirm to Magistrate that info in warrant appl is true

Question 4

probable cause

Answer 4

exists when enough facts lead a reasonable and prudent person to believe that criminal activity is fairly probable.

Question 5

search warrants must be executed within a prescribed time period, normally within

Answer 5

10 days.

Question 6

exceptions to the warrant requirements

Answer 6

1. consent searches
2. stop and frisk
3. plain view exeptions
4. search incident to a lawful arrest
5. motor vehicle stops
6. open fields
7. emergency circumstances

Question 7

consent to search was unreasonable if

Answer 7

the consent was obtained by deceit, trickery, or misrepresentation by investigators.

Question 8

courts typically justify consent to search by the

Answer 8

voluntariness test: the consent was obtained without coercion or promises and was therefore, reasonable.

Question 9

reasonable suspicion

Answer 9

police may temporarily detain a person for questioning if the officer has reasonable suspicion that criminal activity may be involved. Person may also be patted down for weapons if the officer has the additional reasonable suspicion that the pat down was necessary for officer safety

Question 10

reasonable suspension for detention

Answer 10

must be based on facts that can be articulated in court

Question 11

plain view exception

Answer 11

permits investigators to observe and seize evidence without a warrant if the officer islawfully in a position to view an object and if the incriminating character of the object is immediately apparent.

Question 12

search incident to arrest

Answer 12

includes the person of the arrestee, and the scope of this search is the area into which the arrestee could reach at the time of the arrest to retrieve a weapon or destroy evidence

Question 13

motor vehicle stop

Answer 13

upon existence of probable cause to believe that vehicle contains evidence of a crime or contraband and searching officers have lawful access to the vehicle. other mobile conveyances; motor homes, houseboats and airplanes are included in this exception

Question 14

open fields

Answer 14

not protected by 4th Amend. Exception would be the area immediately surrounding a dwelling, known as curtilage

Question 15

exigent circumstances

Answer 15

entry into premises without a warrant based on exigent cirumstances:

1. reasonable belief that evidence may be destroyed
2. hot pursuit
3. immediate need to protect or preserve life
4. threat to the safety of the officers, conducting a protective sweep of premises, for other suspects

Question 16

police encounters with public fall within 3 categories

Answer 16

1. voluntary/consensual stop-least instrusive
2. investigative detention or stop and frisk
3. an arrest- most intrusive

Question 17

guidelines of arrest warrant

Answer 17

1. describe offense charged and contain the name of the accused or description of the accused
2. indicate the time of issuance, city or county, state and duty of the arresting officer to bring def before magistrate
3. it is directed to, and thus may be acted on , by any peace officer in the jurisdiction.
4. arrest warrants valid until they are recalled by court
5. arrest warrant can specify the bail amount

Question 18

early in the investigation, in order to locate a suspect, what should be done

Answer 18

an alarm or a pickup order containing only fragmentary identification is broadcast locally. Purpose is to apprehend the perp in flight.

Question 19

investigators develop a knowledge of where to look for useful information. may be found among records systems to all localities, but it also may be in records native to a specific locality

Answer 19

ex Reno, Nevada, records of the county clerk contain data on every divorce granted in this mecca of unhappy spouses and these records are dated and cross-referenced wiht the names of wives, children, parents and witnesses.
In Florida from Miami to Hollywood have a source of info about husband “on holiday” and their girlfriends when they were arrested on some minor charge.

Question 20

wanted notices

Answer 20

should provide full info about fugitive and about areas in which he is likely to be found

Question 21

basic content of a wanted notice is

Answer 21

photograph, fingerprints and extensive personal description. Fingerprint classification of a fugitive in the wanted notice is a major point of identification.

Question 22

observable physical characteristics found useful by police in tracing fugitives have been codified in a

Answer 22

relevant matter– listing of key items for a personal description.

Question 23

using these relevant characteristics, a person may be described in great detail

Answer 23

ex: round face, crossed eyes with hooded lids, broken nose, wide mouth with full lips

Question 24

All investigators seeking the apprehension of a fugitive have a duty to specify in every wanted notice whether fugitive is

Answer 24

Armed, whether a weapon has been used in crime, whether fugitive has used weapons on previous occasions to avoid capture or to escape from custody. “Armed and Dangerous” may seem a cliche.

Question 25

4 purposed of a modern wanted notice for a fugitive from criminal justice are

Answer 25

1. provide sufficient identifying characteristics
2. alert other law enforcement officer to nature and character of fugitive, criminal history and if armed and dangerous
3. suggest activities and areas in which a search or surveillance may locate fugitive
4. delineate the crime in sufficient detail to alert arresting officers to potential legally significant evidence available at time of arrest.

Question 26

officer finding the evidence should make anappropriate entry in his field note and in the records of the arrest, mark it for identification and protect its integrity

Answer 26

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Question 27

search incident to arrest may not only recover the proceeds of a theft but may also produce

Answer 27

transfer evidence that will link the suspect with the crime

Question 28

officers should not verge on conduct that “shock the conscience” as in

Answer 28

Rochin v California

Question 29

doctrine of immediate control

Answer 29

indicates the area in which a search is justified.d

Question 30

The Defendant’s Identity: This evidence structure is sometimes supported by a pretrial statement made by the accused person and is oriented toward proving the identify of the person responsible for the crime alleged in the indictment or information

Answer 30

accusatory pleading

Question 31

guidlines to evidence likely to have legal significance in establishing the identity of the person responsible for a crime

Answer 31

1. Witness who has seen suspect commit the crime
2. Witness who has seen suspect at crime scene at or about the time of crime
3. witness observed the suspect in neighborhood of the crime at or about the time of occurance
4. physical evidence discovered in the crime scene search that indicates that suspect was at crime scene or in contact with victim
5. physical evidence found on suspect or among his effects at time of arrest or secured by other means, that indicates that the offender had been at the crime scene or in contact with victim

Question 32

Connect-ups

Answer 32

suspect possessing evidence linked to crime scene

Question 33

possible defenses the accused might raise

Answer 33

1. variances in original descriptons and actual description of accused
2. other errors in evidence or variances in statements of witnesses
3. well supported claim-Alibi,
4. widespread distrust of eyewitnesses identification because of the many publicized mistakes in such identifications

Question 34

corpus-delicti

Answer 34

body of crime, -the identity of the person charged with crime

Question 35

second major area of case preparation concerns the

Answer 35

negative evidence and is oriented to countering defenses to crime charged.

Question 36

third major area of case preparation concerns

Answer 36

procedural foundations in securing evidence.
this requires affirmative proof to dispel any allegations of unlawful activity by police that may be presented to a court

Question 37

This is a route for promising cases previously marked by police with the notation “No further results possible”. Prosecutor has an ideal investigative device

Answer 37

in the local grand jury with its power of subpoena and the right to administer oaths and take sworn testimony

Question 38

An investigation is a search for the truth in which all possible information in a post factum inquiry iss

Answer 38

searched for, collected and analyzed

Question 39

viewing the defense side of a case is the ultimate technique for conducting investigations that exonerate the innocent and discover and identify the guilty.

Answer 39

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