Final Flashcards
Probable Cause
reasonable belief based on fact
Bill of rights
The first ten amendments to the constitution; protects American citizens from the government
4th amendment
protection from unreasonable searches
5th amendment
allows for due process
Locard’s exchange principle
When objects/people come into contact, there is a mutual exchange of material. Everything leaves a trace.
Bertillon
first to keep a database of measurement information
Peel
o First metropolitan police force; the Rule of Law
Jeffries
first to find DNA
Due process
fairness to a person while undergoing an investigation; protects against the government
Examples of due process
- suppression hearing
- discovery
- brady material
- arraignment
- bail
Suppression hearing
allows the defense to argue the use of certain evidence in trial; whether it was considered irrelevant, the collection was a violation; etc.
Discovery
lets the prosecution and defense see all of the evidence to be used at trial
Brady Material
exculpatory evidence, such an as alibi, or any other top of discredit of evidence already collected
Arraignment
lets the offender know what the official charges are
Bail
an insurance policy; allows an individual not to stay in jail until the trial
First goal of every investigation
to find probable cause
Active shooter protocols
Run, hide, fight
Value of DNA
DNA convicts, DNA exonerates
Grand Jury
- Purpose: to find probable cause that a person committed a crime, which leads to a trial
- 23 members
- on call for 18 months
- majority vote to indict
- cross examination is allowed
- jury can ask questions
Trial Jury
- Purpose: to find a suspect guilty or not guilty beyond reasonable doubt
- 12 members
- Members change after every trial
- Must be a unanimous vote
- Cross examination is allowed
- Jury is not allowed to ask questions
Indictment
o Accusation of a felony that has been voted upon by a grand jury; there is enough evidence against an individual or group to be brought to trial
True Bill
a signed statement that the indictment is approved by the grand jury
Subpoena
an order for an individual to appear in court
Affidavit
o Introduce yourself and the case
o Probable case statement
o Intricate detail of the house or property to be inspected
o Description of what needs to be seized
o Respectfully ask for a search warrant
Entity of the land
The Supreme Court
Interviewing 5W’s and H
Who, What, Where, When, Why, How
Interview v Interrogation
o Interview: to gather information for a case
o Interrogation: to get a confession from an individual or group
Two Prongs of a Miranda Warning
o Custody
o Interrogation
Eyewitness ID Problems
o 33% are incorrect
o Incredibly faulty
- Cross racial
- Stress
- Gun eyes
- ‘Most Like’
- Time Elapse
Double Blind Sequential
o When given a photo array, one photo is shown at a time
o The officer has no idea what the suspect(s) look like
o They offer guidance (“Even if you don’t chose, we will keep working on the case”)
Stop and Frisk Pros and Cons
Less crime; 4th amendment and racial issues
Plain Feel Doctrine
An officer can go into the pockets of an individual when, during a frisk, an illegal object is immediately apparent
NIBIN
- Type: Ballistics Information
- Number of files: 100,000 +
- Value
- Will connect a bullet/casing to another set found at a different scene, or to a gun that has been used before/stolen
NCIC
- Type: Stolen objects/missing persons
- Number of files: 100 million +
- Value
- Lifeline of law enforcement
- 21 files: 7 properties and 14 persons
- Warrants, records, stolen property (anything with a serial number), sex offenders
IAFIS
- Type: fingerprints / any identifying marks
- Number of files: 70 million criminals; 35 million civil
- Value
- 1/3 of citizens are in the system due to criminal record/military/job
- Looks at fingerprints // tattoos
CODIS
- Type: DNA
- Number of files: 12 million +
- Value
- Felons, arrests, all missing or unidentified; fam. DNA
Venue
Place of the crime (jurisdiction)
Elements
Did a crime occur due to the venue’s statutes?
3 levels of proof
o Reasonable suspicion; probable cause; proof beyond a reasonable doubt
Chain of custody
correctly filling out the form
Reasonable expectation of privacy
Supreme Court Ruling; guaranteed
Value of AIT
get enough evidence to throw people in jail
Authorization Levels for:
- Pole Camera
- Garbage Grab
- Mail Cover
- GPS
- Polygraph
o Pole Camera: Law enforcement supervisor
o Garbage Grab: Law enforcement supervisor
o Mail Cover: postal inspector
o GPS: Court order signed by judge
o Polygraph: consent
ELSUR
Electronic surveillance
FinCen
o Financial crimes enforcement network
o Follow the cash
Currency Transaction Report
o Anyone who deposits 10,000 dollars or more at any point has to fill this out so it can be evaluated over time for crime activity
Suspicious Activity Report
o If someone acts suspicious in any way, this is filled out by the bank
Structuring
o Depositing several amounts of money to avoid depositing 10,000 and to avoid CTR
Pole Camera
- Pole Cameras
* Video camera attached to a utility pole
* Expectation of privacy by individual at front of home or office
* No warrant as long as recording is video only, no sound
* Cannot view inside of home or private areas
Value
- 24/7 surveillance without burning human resources
- Establish patterns of activity
- Identify relationships
- Identify vehicles utilized by individuals
- Capture criminal activity on video
Mail Cover
- Mail Cover
* Record is made of all data on outside of piece of mail
* Secretly recorded
* In effect for 120 days. Can be renewed
* Each piece of mail is copied for sender’s address
Value
- Associates
- Patterns
- Assets
- Bank accounts
- Real estate
- Credit cards
- Foreign bank accounts
Garbage Grab
- Trash brought to curb - curtilage
- Can take trash and analyze it for evidence and leads
- Abandoned Property
Value
- Evidence of crime
- Bloody clothing
- Drug paraphernalia
- Letters, notes, mail
- Personal writing
- No warrant – abandoned property
- No expectation of privacy
- Curtilage
- Curb vs. front porch vs. back yard
Pen Register
- Pen Register – also known as trap and trace
* Electronic recording device
* Captures outgoing and incoming calls and the duration of the calls
* Can also be used for internet usage
* No content or sound recorded
* Also know as a “trap and trace” (use if threatening/harassing calls and by made)
Value
- Patterns
- Associates
- Duration of calls
- Helps develop PC for a Title III or search warrant
- No warrant required – court order needed. Must show judge that it will produce useful information to an investigation
- Court order only – not a search warrant
- Smith v Maryland
GPS
- Electronic tracking device covertly attached to a vehicle
- Provides time and location of vehicle
- Utilizes satellites operated by DOD
- Value – track individual 24/7/365 without utilizing surveillance team/personnel
- Establish patterns, locations, associates
Polygraph
- Taken by consent – cannot be forced to take a polygraph
- All questions must be framed as “Yes or No” answers
- Detect Deception
- Verify Truthfulness
- Goal is to elicit a confession
- Art as well as a science
Consensual Monitoring
- Consensual Monitoring
* ELSUR
* Consensual monitoring is the interception by an electronic device of any wire, oral, or electronic communication where one of the parties to the communication has given prior consent to the monitoring or recording.
* A warrant is not required to conduct consensual monitoring
* A law enforcement officer may be the consenting party
* Department of Justice approval
Title III
- ELSUR
- Interception of the contents of communication through a secret connection to the telephone line of one whose conversations are to be monitored usually for purposes of criminal investigation by law enforcement officers
- No consenting party required
- Wiretapping and wiretap evidence are strictly regulated under federal and state laws. An order authorizing wiretapping may be issued only when there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense, and there must be probable cause to believe that communications relating to such an offense will be obtained.
- Wiretapping must not be employed when a conversation is privileged, and officers must minimize interception of conversations that are not material to the investigation.
- 24/7/365 Electronic surveillance
- Court order signed by judge required. Must be renewed every 30 days
