Criminal Investigation Flashcards
Objectives of Evidence (4)
1) Facts of the Crime
2) Identify law breaker
3) Information to locate/arrest perp
4) Prosecute perp
3 Methods for Crime Scene Sketching
- Coordinate: measuring an object from two fixed points of reference
- Triangulation: a birds eye view of the crime scene using fixed objects from which to measure; two or more widely separated points of ref required
- Cross-Projection: used in in-door crime scenes; top-down view of the crime scene where the walls of the room have been “folded-down” to reveal locations of bullet holes, blood splatter evidence…
Field Notes
-Investigators most personal and readily available record of the crime scene search. Investigative process begins as soon as an officer gets a call to the scene.
Battered Child Syndrome
Clinical term referring to a collection of injuries sustained by a child as a result of repeated mistreatment or beating. -Injuries more severe than reasonable expected -past/other injuries need to be explained
Rape
Unlawful sexual intercourse, achieved through force and w/o consent. -Carnal knowledge -Forcible Submission -Lack of Consent
5 Categories of Drugs
1) Cannabis: marijuana (mild hallucinogen); THC
2) Narcotics: opium, opium derivative/synthetic substitutes.
3) Stimulants: stimulate the CNS
4) Hallucinogens: act on CNS and create distorted perceptions.
5) Depressants: act on CNS, barbituates, Rohypnol, GHB
Serial Fire Starters
Mass Arsonist: 3 or more fires at same location
Spree Arsonist: sets fires at 3 or more separate locations; no “cooling off” period
Serial Arsonist: sets 3 or more separate fires w/ a definite “cooling off” period between
Field Interview (cards)
-Technique used when patrol officers happen on people or circumstances that appear suspicious but when there is not sufficient cause for arrest
Using field notes in court
- it is acceptable for a person who did not prepare the notes to testify to their reliability, provided person was present when notes were prepared
- Defense may examine notes
- Defense will typically attack the validity of notes based on conditions under which they were prepared
- One notebook per investigation
Best Evidence Rule
-(Cheadle v. Barwell, 1933) -ORIGINAL notes must be provided whenever possible -Photocopies may be used pursuant to an explanation
Official Police Report
- Poorly written reports give defense a tool to confuse the officers testimony and muddle the issue
- 3 Prong Rule:
- FACTUAL
- THOROUGH
- TO THE POINT
Steps in Report Writing
1) Collect info: scene, informants, witnesses
2) Take complete notes
3) Organize info
4) Prepare the report
5) Proofread/evaluate the report
Official Police Report: Accuracy and Objectivity
- ability to report accurately= ability to conduct objective and thorough investigation and to express the inquiry in writing
- Unbiased manner
- When opinions are called for: must reflect the investigators thinking vs. his feelings (also note when opinion)
Official Police Report: Word Choice
- Presentation and Dictation: Choice and Use of words
- Most effective report presentation is a chronological narrative; events are described as they occurred from the officers perspective
Writing effective police reports
- Avoid unnecessary words
- Avoid elaborate/unfamiliar words
- Use specific words rather than vague terms
- Use active voice
- Use standard abbreviations (to avoid confusion)
- Short, simple sentences: clear meaning
- Avoid Double Negatives
- Use modifiers, adjectives, and adverbs sparingly: they do not contribute much to a fact finding report
- Use plain English rather than jargon/slang (except when quoting)
Documenting Interviews
- Preliminary information: time/manner complaint was received; identification of location, time, and nature of crime, full ID of victims
- Witnesses
- Physical Evidence: search must be documented
- Modus Operandi: in many cases method of operation is a clue to determining the suspect
Documenting Interviews
- Must distinguish btwn items that are know/verified and those that are based on judgments
- Conclusions unsubstantiated by fact should be presented as opinion
Supplemental Report
- Considerably longer than initial complaint b/c it incorporates much greater detail including who, what, where, when, how
- Prepared in paragraph/chronological order
Photographing Crime Scene
- both photos and sketches are necessary b/c photos may distort distance and color
- without photos a witness/juror may be influenced by: past experiences, preconceptions, stereotypes, and biases in making decisions
Digital Photography
-Some argue that 35mm, silver based-film is superior because it cannot be manipulated or changed
Photos as Evidence
- Principal requirements to admit= RELEVANCE and AUTHENTICATION
- Authentication is most important req: the party seeking to introduce the photo must present testimony that the photo is accurate and correct
- Need not be photographer: a witness with knowledge of the scene can testify that the photo accurately portrays the scene
- Relevancy: might unduly confuse or deceive the fact finder
- State v. Fournier
What to Photograph
Can never be “too many photographs”
Three Stages:
- General View
- Medium Range View
- Close-up view
Photos: General View
- Sweeping view of the crime scene
- Demonstrates what the scene looks like in its own environment
- Taken at a distance to reveal the natural surroundings
Photos: Medium Range View
- Distance no greater than 20ft away from the object
- Intent is to depict specific items/objects
- Allows jurors to link each picture w/ the general crime scene photo
Photos: Close-up view
- Distance of less than 5 feet using zoom feature
- focus on small segments of a larger surface or on specific objects @ scene
- Should be take with and without a small object to provide perspective (ie: a ruler)
Crime Scene Photographs
Pros
- provide easy storage and retrieval of data on the crime scene
- remove inferences by placing the judge/jury at the scene
- give investigator a source of reference as the location of evidence at the scene
Cons
- do not show true/actual distances
- can distort color/perceptions
- can be ruined by mechanical errors in processing
Crime Scene Photos
- Photograph in a timely fashion
- Objects cannot be examined until photographed from every angle
- Record all camera angles and settings on crime scene sketch
- Use a tripod, or keep camera steady at eye-level
- Indoor Scenes: Overlap photos in order to depict the ENTIRE scene
Crime Scene Photos: Perspective
- must show relationship between one item of evidence and another
- Recognizable backgrounds
- If item is <6in two photos needed: one taken at close-range, the other from at least 6ft away
Crime Scene Photos Lighting
- Natural light is often inadequate
- Avoid shadows: they hide details
- Avoid “washout” by flash
- Floodlights are helpful
Markers
Items placed in crime scene photos that call attention to specific objects or enable the viewer of the photo to get a sense of the size of the object or the distance between objects
-Photos should be taken before AND after placement of markers
Admissibility of Photo Evidence
-Materiality: Photos must be material & relevant
Material Photo: one that relates to and makes a substantive contribution to the specific case in question
Relevant Photo: applies to the matter in question; used to support testimony
Photos: Prejudicial Images
- Photos must not prejudice or unfairly appeal to the emotions of the jury
- Gruesome photos may be prejudicial
Photos: Distorted Photos
3 Common Distortions
- Incorrect point of view
- Perspective
- Misrepresentation of tone/color
Identification of Photographs
- Important to log photos carefully including date, time, sequence number
- Type of case
- Description
- Location
- Names of persons handling evidence
- Case number
Surveillance
Surreptitious observation
Digital Video
- Offer jurors a more complete reproduction of the scene
- greater perspective
- speed: no need to “develop” photos
- freeze frame feature
- can create photos from video
Crime Scene Sketch
- Videos and Photos may distort dimensions of the scene
- photo represents the scene as it is perceived by the viewer; the diagram represents the scene as it actually is
- Sketch is a scale drawing that locates evidence in relation to other factors
- Used to depict spatial relationships of evidence
- Objective: portray the scene accurately, not artistically
Crime Scene Sketch: Measurements
- all measures of distance must be conducted by using the same method
- TAPE MEASURE is considered the most effective method of measuring the scene
Crime Scene Sketch
- Rough Sketch: drawn by officers on the scene; not drawn to scale but should reflect accurate dimensions and distances between objects of importance
- Finished Sketch: completed sketch drawn to scale; measurements are not required if drawn to scale; not necessary for crime scene investigator to prepare finished sketch, but the investigator will be req. to affirm that the finished sketch is an accurate portrayal of the scene
- both rough and finished sketch are admissible
Preliminary Investigation
- Definition: initial inquiry by officers to est facts and circumstances of a suspected crime and to preserve any evidence related to the crime
- evidence collection process begins immediately after the discovery of a crime
Preliminary Investigation
- securing the crime scene
- possible arrest of a suspect
- locate/question of witness/victims
- document the scene
- identify/collecting evidence
Preliminary Investigation
- the scene itself is evidence
- crime scene= location where evidence of a crime may be found; not necessarily where the crime was committed
Crime Scene Evidence
- protection of crime scene is crucial to prevent: contamination, loss, or unnecessary movement of physical evidence
- contamination occurs:
- when evid is not properly secured
- wrongfully mixed w/ other evidence
- altered significantly from its original condition
-when evidence is contaminated, it is INCOMPETENT or INADMISSIBLE
Trace Evidence
- any type of material left at or taken from a crime scene as a result of contact between two surfaces
- evidence usually preserved by paper bag or envelope (rarely plastic bag)
- bits of matter that are not immediately apparent to the naked eye
Locard’s Exchange Principle
-“locard’s theory” or “transfer of evidence theory” -“with contact between two items, there will be an exchange”
Physical Evidence
1) can prove the elements of a crime or reveal that a crime has been committed
2) place the suspect at a scene
3) eliminate innocent persons
4) confronted w/ suspects may confess
5) witness testimony may be supported by p.e.
6) can have powerful effect on juries
Types of Evidence
- evidence can be considered either individually or in combo w/ other classes
- corpus delicti evidence: evidence that establishes that a crime has been committed (pry marks)
- associative evidence: links a suspect w/ a crime (fingerprints, footprints, blood)
Types of evidence
1) Physical: generally speaks for itself (weapons, fingerprints, drugs)
2) Direct/Prima Facie: at face value, proves a fact (minimum BAC)
3) Indirect/Circumstantial: merely tends to incriminate a person w/o offering any conclusive proof
4) Testimonial: verbal statements offered by a witness under oath; evidence offered in an oral manner
5) Trace: hair, clothing, fibers
6) Demonstrative: demonstrate/clarify an issue rather than prove something (anatomical dolls used by children)
First Officer’s Responsibilities
- actions while en-route to scene
- initial actions upon arrival
- assistance to victims and protection of witnesses/bystanders
- arrest of perpetrator
- follow-up communications
- identification of witnesses and vehicles
- briefing investigators and superiors
First Officers Responsibilites
- while en-route to scene, be aware of suspicious vehicles/persons leaving the area of the scene
- be prepared to apprehend any perps
First Officers Responsibilities: Initial Actions
- verify that a crime has actually occurred
- unless reasonable belief that a major crime has occurred or is occurring: be cautious of entering properties w/o a warrant (these are SEARCHES)
- “protective sweep”: of premises for victims and perpetrators
- communicate w/ dispatcher: failing to communicate endangers victims, officers, and all subsequent aspects of invest
First Officer’s Responsibilities
- medical aid for victims
- unless bystanders are in danger, should avoid ordering bystanders away until it has been determined if they are witnesses
First Officer’s Responsibilities
- arrest perpetrators if prob cause exists
- conflicts may occur when perp flees: generally, protecting the scene, victims, witnesses will be first priority; other units may be alerted to apprehend the fleeing perp
First Officer: follow-up communitcations
- supervisors must be alerted
- full description of perp; mode/direction of flight
- ARMED?
Flash Description (BOLO)
- type of crime
- number of suspects
- physical description
- weapons
- direction of flight
- method of escape
- injuries
Descriptions of Vehicles (CYMBL Rule)
- Color
- Year
- Make, model
- Body style
- License number
Managing emergency situations
- Preservation of human life is fundamental and should take priority over apprehension of the suspect
- emergency personnel should be instructed on how to enter the scene without disturbing evidence
Securing the scene
Unnecessary or improper entry into crime scene may:
- destroy/contaminate evidence
- introduce substances into the scene that may mislead the investigation
- provide defense attny’s with a basis for discrediting the investigators or findings or crime lab
Securing the scene
Enter the crime scene only for purposes:
- determining that a crime has occurred
- aid victims
- apprehend perps
- secure the area
Securing the scene
-officers should note any portions of the scene through which they have passed, any objects they have touched, any other actions that have altered the scene
Steps to securing the scene
- Area must be defined: any area that may reasonably be anticipated to contain useful evidence; better to secure a larger area and narrow it down vs. trying to expand the area
- use back-up officers to secure the area
- scene should be cleared/secured: all non-essential persons cleared from scene
- record actions previously taken at the scene: any alterations to scene, activities of emergency personnel
- restrict access to the scene: record identities of any person entering the scene; anyone who enters the scene must be escorted by an officer -CONTAMINATION LOG
Scene: Dead Body
-body should not be touched, moved, or tampered with
Scene: Hanging Victim
- body should not be moved
- protect the knot on noose
- if must cut: cut far above knot
- care should be taken so that the body isn’t further injured by falling to the ground
Scene: Firearms
- objects should generally be remain untouched, particularly firearms, bullets, and shell casings
- NEVER insert an object (ie pen) into barrel of gun
- preferred: pick up the gun using two fingers on the textured part of the grip (where no prints can be removed)
- never adjust the safety catch, unload, or alter a weapon until an exam has been performed (photo’s sketching)
- proper marking of the cylinder position
Electronic Evidence
Define: information and data of investigative value that is stored in or transmitted by an electronic device
Characteristics of Electronic Evidence
1) it’s latent evidence: not readily visible to the human eye under normal conditions
2) can transcend national and state borders quickly and easily
3) fragile and can easily be altered, damaged, compromised, or destroyed by improper handling/examination
4) it may not be time sensitive
**expert testimony may be needed to explain the acquisition and the examination process of electronic evidence
Biohazardous Materials
- assume that all items contaminated w/ human/animal secretions are possible sources of infections
- biohazardous materials should be double bagged in secure plastic bags, taped (NEVER stapled) and labeled as biohazardous
- soaked clothing should be air dried before being bagged
- organic matter containing moisture may be subject to decay if sealed in non-porous container; such items should be packaged in a porous container so they can breath
Biohazardous Materials
- universal precautions: rubber gloves, no contact w/ face, eyes or mouth
- leather gloves worn OVER disposable rubber gloves for handling needles
- chlorine solution (1:10)
- laundered in water at least 160 degrees F for 25 min
Biohazardous Materials
- contaminated samples that may require laboratory analysis should not be encased directly in plastic because of the possibility of contaminating the evidence
- evidence samples that will be subjected to DNA analysis should be kept FROZEN
- evidence samples destined for blood typing and certain other forensic tests should be REFRIGERATED
Chemical and Hazardous Waste
- most chemical agents are seized as a result of clandestine drug manufacturing operations
- chemist/other qualified indiv should always be available
- evidence should not be housed in evidence storage rooms; offsite storage
Assessing the scene
1) evaluate the steps that have already been taken, prelim documentation of the scene
2) conduct a walk-through w/ first responders and CSI personnel to identify any threats to scene integrity and initial identification of evidence
3) determine need for search warrant
4) assess the scene to develop as plan w/o destroying/contaminating evidence
5) identify evidence collection and document team members
Assessing the scene
6) identify protective equipment/clothing that are necessary to process the scene
7) identity a separate “staging area” for equipment, personnel, ect…
8) assign one officer to be the “recorder”; this establishes a chain of custody, helps prevent loss, and reduces the nmbr of officers that must appear in court
9) determine the search method and the point where the search will begin
10) focus initially on easily accessible areas in open view and work outward; select a systematic search pattern; don’t compromise subsequent processing and evidence collection efforts
Phases of crime scene search
- survey the crime scene
- document through sketches and photos
- record all physical evidence
- search for fingerprints
Search Patterns
1) spiral search method
2) grid search method
3) strip/line search method
4) quadrant/zone search method
**Rule: search must be thorough
Indoor crime scene searches
- at least 2 officers
- divide the room in half, each investigator search a half (zone search method)
- at the conclusion: investigators switch halves and search again
Outdoor crime scene searches
- more officers required; more systematic search method required
- rope off scene into a grid, each square averaging 6sq ft (grid search method)
Nighttime crime scene searches
- if possible, wait until daylight
- lighting generators; sufficient illumination req.
Vehicle searches
- crime specific (hit and run vs. drug invest)
- should search for fingerprints after other trace evidence has been sought
Strip searches
- in private/controlled environment
- undress completely
- vaginal/rectal areas to be searched by medical personnel ONLY
- should consult prosecutor prior to conducting search
U.S v Montoya de Hernandez (1985)
- “alimentary canal smuggling”
- body packing
- woman known to be a “balloon swallower” arrived in US from Columbia; pat down-search= abd felt “firm”; court order for xray; presence of “balloons”; woman detained for four days and “passed” numerous cocaine-filled condoms
The Crime Scene Search
Two approaches:
- investigator should consider all information provided to him by officers who arrived earlier on the scene
- investigators should rationalize which evidence items seem to play the greatest role in the alleged crime
- principal concern is: to observe and document, rather than take action
- observation phase: note relative distance of any object to the victim (ie- shell casings)
Collecting Evidence
- evidence that is most fragile is a priority
- fingerprints is a priority
- blood and other trace evidence
- search the scene a second time after evidence has been collected
- “evidence collector”
- ensures evidence is recorded and processed in a uniform manner
- ensures evidence will be moved only when collector says so -@ trail: both investigator who discovered evidence and collector are usually needed to testify
Chain of Custody
- documentation of all who handle evidence in a criminal case
- number of persons handling evidence should be limited
- document who, date, time, and reason for giving evidence to another person
- anyone who handles evidence should place their name/badge nmbr to the package
- signed receipt should be obtained from person accepting evidence
- check to ensure evidence is the same item -check to ensure evidence is in the same condition as when it was discovered
Marking Evidence
- must be marked immed. upon sz. to ensure proper identification later (ie-@ trial)
- initials of seizing officer and date of sz
- evidence label: -case nmbr -exhibit number -date/time of sz -name and description of item -location at time of discovery -signature of ofc making discovery -name/initials of others witnessing discovry
Special Cases in Evidence
-evidence or not?
when any doubt exists the object should be collected and processed as evidence
Infected Evidence
- crime scene investigators working in uncontrolled and adverse environment
- use of protective equipment does not protect against cutting/puncturing
- officers who lack adequate protective equipment, who are uneasy about contracting diseases, lack training, might tend to limit their searches; “it’s just not worth it” attitude
Firearms
- should be handled by the grip or the sides of the trigger guard
- NEVER stick anything into the barrel (can destroy trace evidence)
- No attempt should be made to fire the gun, dismantle it, or interfere with the mechanisms
- if revolver: mark empty cases/live cartridges and the rear edge of the cylinder with a code to show the chambers in which each empty case or live cartridge rested at the time of its removal
Bullets, Cartridges, and Empty Cases
- particular care to the portions used in identification; can determine type of weapon, and caliber of weapon
- areas used for identification
- the base
- the rim or cannelure
-bullets: don’t remove the spent bullet, instead remove the material encasing the bullet (ie- the section of wall/door); handle minimally, package to prevent damage to side portions; package bullets individually
Stains
- blood is the most common; not all blood found belongs to the victim
- good photos/video should be taken
- samples from all locations
- should be swabbed and air dried before storage (blood samples rot easily)
Glass
-could be used to show:
- direction of travel of a projectile
- sequence of impact of a projectile
- match other broken glass
Impressions
- common in burglary and rape
- tool marks
- tire impressions
- foot impressions
- teeth impressions (partially eaten food)
- should locate the object that made the impression so that a comparison can be made in court
Drugs
-drug abuse is the greatest contributor to the commission of crime 1) preserve substances for court 2) transport the substances 3) protect themselves from the harmful effects of certain drugs -diff forms: plant, powder, liquid, tablet/capsule
Collecting Evidence
-should be done by trained specialists -responding officers should not collect evidence unless: 1) exigent circumstances exist that make it necessary to prevent its contamination or destruction 2) auth. has been received from a supervisor to collect evidence -generally, initial officers should limit their activities to securing the scene and preventing unauthorized persons from contaminating evidence
Collection of evidence under exigent circumstance
-emerg collection should be limited to the least interference needed to preserve the evidence from loss -supervisory/specialized assistance should be obtained as soon as possible to minimize adverse effects on the evidence or its admissibility
Collection of Evid under direction of OIC
-officers must comply with directions of OIC -comply with policies/procedures regarding evidence control -photo evid before/after -preserving, packaging, labeling
Interviewing witnesses
-witnesses should be identified -even those who deny having witnessed the crime should be identified -attempt to obtain information about others who may have been witnesses, but have left the scene -attempt to have witnesses provide names of people who live in the vicinity of the scene; frequent the area
Medical Examiner
-public official who makes official determinations of the cause and time of death in wrongful death cases -agency’s S.O.P. should est when the M.E. is contacted -M.E. is usually responsible for moving the body -in the event a body must be moved, its position should be documented through photos and sketching -tape or chalk should be placed to indicate how the head, arms, legs were positioned; must take care to ensure body remains in its exact position found (when moving)
Neighborhood Canvass
-identifies material witnesses: those who have specific knowledge of the crime or parts of the crime -identifies general witnesses who can provide background info about victim and poss suspects -focus not only on residents, but store employees, delivery persons, utility persons, bus/taxi drivers, ect..
Crime scene reports
-should be prepared by both responding officers and those that conduct follow-up investigations -date/time which officers arrived on scene -relevant conditions @ arrival (incld weather) -manner crime was discovered -identity of reporting parties -id of police officer/emergency personnel present -physical evidence collected -identification info of witnesses -results of witness interviews -diagrams, sketches, photos, videos -recommendations that may be helpful to follow-up investigators
Follow-up Investigation
-continuing phase of the investigation in which info that is learned in prelim invest is added/built upon -analyzing reports of officers who conducted prelim invest -reviewing departmental records and “MO files” -gathering infro on friends/associates of suspects -examine victims background -check police intel files -organizational skills and personality traits can aid in communicating w/ ppl in the community who may possess valuable info