Criminal Inv-Chapter 2, Rules of Evidence and Arrest Flashcards
Relevance
connection between a fact offered in evidence and the issue to be proved. Evidence must also be material.
material
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.
search warrant
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
probable cause
exists when enough facts lead a reasonable and prudent person to believe that criminal activity is fairly probable.
search warrants must be executed within a prescribed time period, normally within
10 days.
exceptions to the warrant requirements
- consent searches
- stop and frisk
- plain view exeptions
- search incident to a lawful arrest
- motor vehicle stops
- open fields
- emergency circumstances
consent to search was unreasonable if
the consent was obtained by deceit, trickery, or misrepresentation by investigators.
courts typically justify consent to search by the
voluntariness test: the consent was obtained without coercion or promises and was therefore, reasonable.
reasonable suspicion
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
reasonable suspension for detention
must be based on facts that can be articulated in court
plain view exception
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.
search incident to arrest
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
motor vehicle stop
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
open fields
not protected by 4th Amend. Exception would be the area immediately surrounding a dwelling, known as curtilage
exigent circumstances
entry into premises without a warrant based on exigent cirumstances:
- reasonable belief that evidence may be destroyed
- hot pursuit
- immediate need to protect or preserve life
- threat to the safety of the officers, conducting a protective sweep of premises, for other suspects
police encounters with public fall within 3 categories
- voluntary/consensual stop-least instrusive
- investigative detention or stop and frisk
- an arrest- most intrusive
guidelines of arrest warrant
- describe offense charged and contain the name of the accused or description of the accused
- indicate the time of issuance, city or county, state and duty of the arresting officer to bring def before magistrate
- it is directed to, and thus may be acted on , by any peace officer in the jurisdiction.
- arrest warrants valid until they are recalled by court
- arrest warrant can specify the bail amount
early in the investigation, in order to locate a suspect, what should be done
an alarm or a pickup order containing only fragmentary identification is broadcast locally. Purpose is to apprehend the perp in flight.
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
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.
wanted notices
should provide full info about fugitive and about areas in which he is likely to be found
basic content of a wanted notice is
photograph, fingerprints and extensive personal description. Fingerprint classification of a fugitive in the wanted notice is a major point of identification.
observable physical characteristics found useful by police in tracing fugitives have been codified in a
relevant matter– listing of key items for a personal description.
using these relevant characteristics, a person may be described in great detail
ex: round face, crossed eyes with hooded lids, broken nose, wide mouth with full lips
All investigators seeking the apprehension of a fugitive have a duty to specify in every wanted notice whether fugitive is
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.
4 purposed of a modern wanted notice for a fugitive from criminal justice are
- provide sufficient identifying characteristics
- alert other law enforcement officer to nature and character of fugitive, criminal history and if armed and dangerous
- suggest activities and areas in which a search or surveillance may locate fugitive
- delineate the crime in sufficient detail to alert arresting officers to potential legally significant evidence available at time of arrest.
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
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search incident to arrest may not only recover the proceeds of a theft but may also produce
transfer evidence that will link the suspect with the crime
officers should not verge on conduct that “shock the conscience” as in
Rochin v California
doctrine of immediate control
indicates the area in which a search is justified.d
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
accusatory pleading
guidlines to evidence likely to have legal significance in establishing the identity of the person responsible for a crime
- Witness who has seen suspect commit the crime
- Witness who has seen suspect at crime scene at or about the time of crime
- witness observed the suspect in neighborhood of the crime at or about the time of occurance
- physical evidence discovered in the crime scene search that indicates that suspect was at crime scene or in contact with victim
- 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
Connect-ups
suspect possessing evidence linked to crime scene
possible defenses the accused might raise
- variances in original descriptons and actual description of accused
- other errors in evidence or variances in statements of witnesses
- well supported claim-Alibi,
- widespread distrust of eyewitnesses identification because of the many publicized mistakes in such identifications
corpus-delicti
body of crime, -the identity of the person charged with crime
second major area of case preparation concerns the
negative evidence and is oriented to countering defenses to crime charged.
third major area of case preparation concerns
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
This is a route for promising cases previously marked by police with the notation “No further results possible”. Prosecutor has an ideal investigative device
in the local grand jury with its power of subpoena and the right to administer oaths and take sworn testimony
An investigation is a search for the truth in which all possible information in a post factum inquiry iss
searched for, collected and analyzed
viewing the defense side of a case is the ultimate technique for conducting investigations that exonerate the innocent and discover and identify the guilty.
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