Final Flashcards

1
Q

Probable Cause

A

reasonable belief based on fact

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2
Q

Bill of rights

A

The first ten amendments to the constitution; protects American citizens from the government

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3
Q

4th amendment

A

protection from unreasonable searches

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4
Q

5th amendment

A

allows for due process

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5
Q

Locard’s exchange principle

A

When objects/people come into contact, there is a mutual exchange of material. Everything leaves a trace.

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6
Q

Bertillon

A

first to keep a database of measurement information

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7
Q

Peel

A

o First metropolitan police force; the Rule of Law

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8
Q

Jeffries

A

first to find DNA

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9
Q

Due process

A

fairness to a person while undergoing an investigation; protects against the government

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10
Q

Examples of due process

A
  • suppression hearing
  • discovery
  • brady material
  • arraignment
  • bail
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11
Q

Suppression hearing

A

allows the defense to argue the use of certain evidence in trial; whether it was considered irrelevant, the collection was a violation; etc.

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12
Q

Discovery

A

lets the prosecution and defense see all of the evidence to be used at trial

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13
Q

Brady Material

A

exculpatory evidence, such an as alibi, or any other top of discredit of evidence already collected

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14
Q

Arraignment

A

lets the offender know what the official charges are

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15
Q

Bail

A

an insurance policy; allows an individual not to stay in jail until the trial

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16
Q

First goal of every investigation

A

to find probable cause

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17
Q

Active shooter protocols

A

Run, hide, fight

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18
Q

Value of DNA

A

DNA convicts, DNA exonerates

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19
Q

Grand Jury

A
  • 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
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20
Q

Trial Jury

A
  • 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
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21
Q

Indictment

A

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

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22
Q

True Bill

A

a signed statement that the indictment is approved by the grand jury

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23
Q

Subpoena

A

an order for an individual to appear in court

24
Q

Affidavit

A

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

25
Q

Entity of the land

A

The Supreme Court

26
Q

Interviewing 5W’s and H

A

Who, What, Where, When, Why, How

27
Q

Interview v Interrogation

A

o Interview: to gather information for a case

o Interrogation: to get a confession from an individual or group

28
Q

Two Prongs of a Miranda Warning

A

o Custody

o Interrogation

29
Q

Eyewitness ID Problems

A

o 33% are incorrect

o Incredibly faulty

  • Cross racial
  • Stress
  • Gun eyes
  • ‘Most Like’
  • Time Elapse
30
Q

Double Blind Sequential

A

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”)

31
Q

Stop and Frisk Pros and Cons

A

Less crime; 4th amendment and racial issues

32
Q

Plain Feel Doctrine

A

An officer can go into the pockets of an individual when, during a frisk, an illegal object is immediately apparent

33
Q

NIBIN

A
  • 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
34
Q

NCIC

A
  • 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
35
Q

IAFIS

A
  • 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
36
Q

CODIS

A
  • Type: DNA
  • Number of files: 12 million +
  • Value
  • Felons, arrests, all missing or unidentified; fam. DNA
37
Q

Venue

A

Place of the crime (jurisdiction)

38
Q

Elements

A

Did a crime occur due to the venue’s statutes?

39
Q

3 levels of proof

A

o Reasonable suspicion; probable cause; proof beyond a reasonable doubt

40
Q

Chain of custody

A

correctly filling out the form

41
Q

Reasonable expectation of privacy

A

Supreme Court Ruling; guaranteed

42
Q

Value of AIT

A

get enough evidence to throw people in jail

43
Q

Authorization Levels for:

  • Pole Camera
  • Garbage Grab
  • Mail Cover
  • GPS
  • Polygraph
A

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

44
Q

ELSUR

A

Electronic surveillance

45
Q

FinCen

A

o Financial crimes enforcement network

o Follow the cash

46
Q

Currency Transaction Report

A

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

47
Q

Suspicious Activity Report

A

o If someone acts suspicious in any way, this is filled out by the bank

48
Q

Structuring

A

o Depositing several amounts of money to avoid depositing 10,000 and to avoid CTR

49
Q

Pole Camera

A
  1. 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
50
Q

Mail Cover

A
  1. 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
51
Q

Garbage Grab

A
  • 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
52
Q

Pen Register

A
  1. 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
53
Q

GPS

A
  • 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
54
Q

Polygraph

A
  • 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
55
Q

Consensual Monitoring

A
  1. 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
56
Q

Title III

A
  • 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