Exam 2 Flashcards
What does legal articulation mean? What are the three steps?
Give testimony at trial under oath you need to include the following three steps you took to support you actions
1) grounds for your belief that an offence had occurred
2) stature authority under which you acted
3) policy of your agency that you followed during the act
What does the term articulable refer to?
Legal articulation
7 circumstances where search of vehicle is considered reasonable and permissable
1) search with permission(informed consent): means individual has been informed you wish to search vehicle and reason why. When performing remember must have consent before, consent can be withdrawn, must document you got consent
2) search following arrest: can search arrested person to protect and to prevent destruction of evidence, search any vehicle under his/her control, search accordance with plain view doctorine
3) search vehicle seized under S. 170 traffic safety act: can seize vehicle when offence under S. 169 TSA has been committed, examination/testing vehicle will furnish evidence relevant to offence, evidence could be lost of vehicle not seized
4) search under S. 487 CC: according to provisions under this law, vehicle falls under places
5) search under S. 117.02 and S. 117.04 CC: addresses when peace officer has reasonable grounds to believe firearm has been used/being used in commission of offence(S 117.02) 04 addresses search under warrant and without
6) search under S. 11(1) of controlled drug and substance act: warrant issued for any controlled substance precursor or property/thing
7) search under S. 106 and S. 107 of gaming and liquids act: gives authority to inspect and search and seize liquor or gaming equipment, gives authority for search without warrant and other sections direct officer how to report and dispose of seized items
When searching a seized vehicle keep in find:
Peace officer must apply to provincial court ASAP for order to examine, test/detain vehicle
May seize vehicle which has been abandoned on highway/public/private property without consent (S. 76(1) TSA)
How is an abandoned vehicle defined
Vehicle which has been left standing on highway/public/private property without consent for periods longer then 72hrs S. 76(B)
Peace officer can remove a vehicle if?
Vehicle abandoned under S. 76(2) TSA
Vehicle left unattended on highway and is obstructing normal movement of traffic
Parked on highway in manner which is against act/municipal bylaw
Parked on highway preventing access to fire hydrant
No valid licence/permit
Parked on private property without consent or in manner which causes obstruction of private driveway
Left unattended on highway and officer thinks content are liable to be stolen or tampered with
Left unattended at location/ in condition officer thinks present or is potential Lazard to person/property (S. 77(1) TSA)
Who writes a search warrant? Who is affine of info on warrant?
Since it has become more complicated to write warrant agencies often have officers with specialized training and are dedicated to writing warrants on behalf of other members. They take info and draft warrant for investigator to present to justice. Investigator is affiant of info to obtain warrant
What other statutes give you authority to search
Good and drug act
Customs act
Wildlife act
What should you do when stopping a vehicle
1) avoid areas of high concentration of traffic
2) stop vehicle in well lit area
3) avoid private or commercial parking areas
4) never pull infront of a vehicle
5) advise dispatch of your location and intent
6) call for backup if believe it is necessary
3 procedural steps you should take in order to preform comprehensive vehicle search
1) be systematic and thorough
2) establish size of the smallest article you are looking for
3) divide vehicle into areas
Divide vehicle into 4 areas
1) front end
2) interior
3) rear of vehicle
4) underside of vehicle
2 main things an officer needs during a car search
Gloves and flashlight
3 Golden rule for searching
LOOK BEFORE YOU TOUCH
WHAT YOU DO NOT SEE CAN HURT YOU
DO NOT RUSH TAKE YOUR TIME
Thing to document each time you search a vehicle.
Date time and location of stop
Articulable cause for stop
List of occupants of vehicle and their positions within vehicle
Cute authority for your search
Document where evidence was found
Indicate name of officers or witnesses present at the time of search
What is a way an officer can successfully manage scene
Recognize importance of facilities cooperation between all responding agencies
What can coordination between officer and other public safety agencies minimize
Disruption of evidence can ultimately lead to successful prosecution.
What is the most important part of securing the scene
Preserving evidence with minimal contamination or disturbance of physical evidence
Two things to do when you arrive on scene
Identify yourself take control of situation
Assess scene and take care to preserve it at same time
Survey scene for…
Possible secondary scene and for any persons or vehicle that may be related to incident
First priority is to
Preserve life including your own
What is ur job
To identify and control dangerous situations and or people
What do you do to help medical personnel
Guide them to injured and give them room to work
Point out potential evidence and instruct them to minimize contact or disrupting it while administrating medical care
At appropriate time ask for name unit number and station for your notebook
What is first responder responsible for
Identify all people present and control their movements
Limit number of people entering scene
Civilians on scene should be identified as
Suspects
Witnesses
Bystanders
Suspects should be
Secured and separated from rest of people at scene
Witnesses should be
Secures and separated from one another and from other who may be present
Bystanders should be
Briefly interviewed to determine if they were witnesses to incident. If not witnesses they should be removed from scene
STAY BUT STAY AWAY
Encourage witnesses and bystanders to
Stay near scene but not directly in scene
Takes notes of
Any fights between persons at scene
Want to be able to remember exact works or actions
Unauthorized people should be… Can include?
Cleared from scene altogether
1) officers not assigned to call/case
2) politicians
3) media
Who came up with theory of transfer and exchange
French scientist Dr. Edmond Locard
What is premise of theory of transfer and exchange
Means
Belief and assertion that when any person comes into contact with an object or another person a cross transfer of physical evidence occurred
Perpetrators will take away traces of victim and the scene
Victims retain traces of perpetrator and may leave traces of him/herself on perpetrator
Perpetrator will leave traces of him or herself at scene
When dealing with evidence
Do not touch move or remove any items unless necessary
They will never be restored back to their original position and condition
Do not touch or remove any items till scene has been recorded by using notes sketched photos and or video
What will the boundaries established depend on
Location and type of crime you are dealing with
Best practices for setting perimeters
Set them wide at outset. It is hard to widen perimeter after initial one has been set and reinforced
How do you set boundaries and what three areas must be included
Start at focal point and extend outwards to include
1) area where offence occurred
2) possible points and paths of entry and exit of both suspects and witnesses
3) places where victims and/or evidence may have been moved
How can barriers be set up
Using geographical or architectural feature
Can use ropes comes crime scene tape vehicle or equipment available to first responders other police personnel
What is a route or path of contamination
Route which all officers and authorized personnel will use to enter and exit the scene
What can you do to preserve evidence from Mother Nature
Use tarp or blanket but make sure not to destroy evidence yourself
Use patrol car to protect small(foot prints) evidence by putting car ontop
Examples of some little things that might make or break a case
Problem with these
DNA evidence Fingerprints Foot and or shoe prints Tool marks Documents
Easily be overlooked, contaminated or destroyed when scene not properly secured
Best ways to ensure you remain professional while responding to scene
1) follow agency protocol
2) be professional in your actions
3) know your authorities
4) behave ethically
5) work in cooperation with other agencies
6) mind your own business, focus on your task, and not the periphery
Several things that are inappropriate to do while attending a crime scene
Smoke or chew tobacco Use telephone present at scene Use or turn on computer equipment on/off Use the bathroom Eat or drink Move any items, unless necessary for safety Adjust the thermostat Open doors or windows Touch anything unnecessary Litter
When documenting the scene
Document info about condition of scene as you found it.
Gather info about all persons at scene including DOB address physical description reason for being at scene note their actions observations and comments
Check lists are
A valuable tool which prompts you to consider many different aspects of scene
Helps you be both systematic and thorough in your investigation
What can drawings include
Location of geographic features and other items
Add measurements, actual or estimated to provide context for info contained in
When turning over the scene first responder should
Brief the investigators taking charge
Assist in controlling the scene
Turn over responsibility for documentation of scene entry and exit
Remain at scene until retrieved of duty
Document name of person scene was handed over too, time control of scene was handed over, time departure from scene
What are the steps that you go through when going to a call for service
Your dispatched You arrive Start scene control Document the scene Turn over the scene
What should a first responder do before departing a scene
1) ensure you have permission to leave
2) exit scene by the same route you entered unless otherwise directed
3) make sure you have completed all your notes and drawings
4) turn over all exhibits notes and drawings to primary investigator unless directed to do otherwise
What can photos be used for
Document scene in the condition it was before things change
Provide info about position of evidence and other objects
Useful to show point of view from perspective of suspects
Demonstrate spatial relationship of and between items at scene
What are the applications of photos
Recording crime scene and evidence Surveillance purposes Mug shots Photo lineups Filing and or administrative purposes like recording department property and identification of agency personnel Maintaining security
When are photos especially useful
During investigation
While preparing for interviewing suspects and witnesses
When giving evidence in court
Who takes most of the photos. Where can you get additional photos
Police investigator or members of the forensic unit
Additional from media bystanders fire service or other public safety personal insurance company investigators suspects witnesses victims
Advantages of using photos
Can be taken immediately
Can accurately represent crime scene and evidence
Can create interest increase attention given to accompanying testimony in court
What are the disadvantages of using photos
Not selective. Photographers take each photo with so it includes main focus they attempting to capture
Can not show actual distance. Angles may not give true perspective regarding distance between objects at scene
May become distorted or damaged as result of mechanical error in shooting or processing or electronic transfer
What’s the difference between wide angle lenses and telephoto lenses
Wide angle lenses good for showing large view they will distort perspective from Center outwards
Telephot lenses will distort depth
Advantages of videos
Brings crime scene to life for judge, jury and public during court hearings
May be viewed immediately after it is captured
Can portray distances between objects and subjects at scene
Offer audio coverage to more fully document what is being observed
Cost effective
Disadvantage to videos
Officers who are unfamiliar with video capture techniques may use it in same manner as still camera
Erratic camera movements lead to low quality or unwatchable video footage
Excessive use of wide angle or zoom lens
Video runs too long or to short
Improper lighting
Unintentional audio
Most agencies use … What are the advantages
Digital cameras. Being able to transfer images directly from scene to investigators via Internet or secure police website
When taking photos what is the order they should be taken in
Begin with general area then narrow down to specific scenes and finally focus on specific items of evidence. Take photos from exterior and work inwards
Four types of shots and what they do
1) long range
Locality, point of entry and exit doors and windows, normal entry to building grounds and vehicle, street signs and other identifiable structures
2) medium range
Photos of immediate crime scene, locations of objects of evidence within area and room
3) close range
Specific evidence
4) panorama
Place photos together can make a walk through photo of entire scene
Four general rules for photos
1) take photos before anything is disturbed
2) if something has been moved do not try to put it back
3) avoid distorting or misrepresentation
4) try to show an objects relative size, done by using a marker to snow size relationship
When photographing scene follow these following steps
1) work through scene systematically
2) work from perimeter of scene towards Center
3) keep a log of all photos taken
4) take notes of pertinent data like measurements colour or compass direction
5) use a two member team whenever possible
6) take photos to represent point of view of each witness or principal at scene
7) too many photos care better than too few
8) review photo log before departing scene. Check all photos are identified on log and that each log has corresponding photo
Crime scene sketch and drawings can provide
Accurate location and relationship for evidence items which can provide factual data for scene reconstruction
Assist in refreshing investigators memory when preparing note and writing reports
Provided visual model to illustrate investigators testimony in court
In a systematic process you should
Being by creating roughy overall layout of scene(graph paper may be useful)
Prepare detailed sketches complete with accurate and detailed measurements
Consider whether or not you should make more than one sketch supplement with additional sketches
Steps to creating sketch of crime scene
1) observe and plan
2) accurately measure and outline the area
3) plot the objects and evidence
4) take notes
5) identify the scene use legend
6) reassess the sketch before leaving the scene
What can be included in a sketch
Compass directions Connect drawings and photos Included measurements including scale File number Caption to indicate what is duplicated in drawings Date of drawings Name of drawings Legend Drawn in ink
What is CAD. Explain
Computer assisted drawings. Which used police specific software widely used. Process allows drawings to be digitally interpreted into report along with photos digital audio video recordings and texting
What are the techniques for measurements
Rectangular coordinates method: position of object is identified by taking a measurement at a right angle from each of the different walls
Triangulation measurement method: requires investigator to measure from two fixed points in order to describe an objects location
Secondary measurement points;
Used to identify the distances one object of evidence and others
Transecting baseline measurements:
Investigator determines two fixed points within scene and draws line between the two. Then determined in respect to baseline
Several signs or indicators which are typically observed following a break and Enter
1) open doors and windows
2) debris on floor and do
Is plays which appear to have been rearranged
3) vehicles parked nearby for purpose of providing means of escape, easy access to roof, concealing broken or forced door and window, lookout or transporting stolen goods
4)ladders, stacks of boxes, rope hanging from roof, damage and marks to drain pipes, eaves or walls may indicate somebody is on roof or someone has been on roof
5) alarm
6) lookouts near building
7) suspects seen or found inside premises
4 steps for securing escape
Routes
1) take up a strategic positions at one corner of residence or building until help arrives
2) second officer should I take up position on opposite side of building to corner of other two sides
3) third officer arriving on scene can circle the building on foot or in police vehicle to look for signs of forced entry
4) after exterior has been secured, police should make entry to search
What are the several means of entry you should consider
Open doors and windows Broken locks Step up and into mode of entry (fire scape, balcony, windows near ground) Roof entry Culprits already inside Cut in entry In compromised lock entry Drive in entry
What does MO mean and what does it stand for
MODUS OPERANDI. generally translated to mean method of operation
Important because it can be used to tie multiple offences to single suspect or used to warn public
When conducting a building search have the following in mind
1) have a plan
2) turn on lights
3) identify yourself as a police officer
4) cross thresholds carefully
5) have sufficient personnel on hand
6) be methodical
7) arrest and search the suspect
8) repeat the search
10) consider k-9
11) multi story buildings: search begins at botttem level work upwards basement last
When searching a scene where should you look
Right in area Surrounding area Other rooms Outside Neighbourhood Outlying area Suspects
What should You do when searching outside
- establish point of entry
- look got evidence
- check for hair and other evidence
- look for tools left behind or tool marks
- protect evidence
- method of entry establish MO
When canvassing neighbourhood where are the best places to go talk to people
- nearby garages service stations and convenience stores
- vehicle rental companies
- hotels motels and campgrounds
- member of neighbourhood business watch programs
- other police officers and services
Most encountered type of evidence? Describe
Physical Anything real has substance and helps establish facts about case Seen touched smelled taste Solid liquid semisolid liquid Large small and anywhere in between
Evidence classifications
1) direct (process proof or fact without he need of other evidence)
2) indirect (tends to incriminate person)
3) trace (extremely small)
4) PRIMA FACIE (established by law)
5) associative (links suspect to crime)
What items Shiism you have on hand
Evidence bags
Plastic bottles
Multi tool scissors razors blades
Evidence rate body tag
What affect value of evidence
What happens immidietly following crime
Integrity of evidence refers too
Requirement that any evidence introduced into court must be in same condition as it was found.
What is continuity of evidence
Aka chain of evidence
Maintained by properly documenting what has happened to evidence from time it was discovered until time it is presented in court and until legally disposed of
Record of each person who has had evidence and reason
For evidence to have value it must
Be seized legally and property and have subsequently legally processed
How to process evidence correctly
Discovering evidence Collecting recording and identifying evidence Conveying and storing evidence Examining evidence Exhibiting evidence in court Disposing of evidence
How to determine if something is evidence
Start by considering apparent crime
Look for objects which appear to be unrelated or Foreign to scene
Usual items in their location and number
Objects that are damaged or broken
Other objects suggesting pattern which fits crime
Value of evidence depends upong
It’s ability to establish that a crime was committed show how and when and by whom
Objects individuality
Is important more things you knew about object. More different it is the more value it has
What is standard of comparison
Is measure or model with which evidence is compared to determine whether or not it came from the same force
Steps taken after you have discovered evidence
Take photos of it before moving it
Collect and identify all objects that are or may be evidence leave final decision for prosecutor
Put time date and initials on seizure
When does cross contamination happen
Occurs when items of evidence are permitted to touch one another, this exchanging matter
What are some conman errors when collecting evidence
Not collected enough samples
Not obtaining standards of comparison
Failing to maintain integrity of evidence
What should be marked on evidence bags
Name personal identification and initials
Case number
Date
What notes to make about evidence
Date and time of collection Location where evidence was found Who found it Case number Description of items Name of individual who took item into custody
What does the chain of evidence dictate
Must record identify and monitor where a outs of seized items
From time of discovery until presented in court and subsequently legally disposed of
