Homicide Test Flashcards
Hindering Prosecution
13-2510
A. Knowingly
1. Harboring or concealing the other person
2. Warning of impending Discovery, Apprehension, Prosecution, Conviction
3. Providing money, transportation, weapon, disguise, or other means of avoiding DAPC
4. Preventing or obstructing by means of force, deception, or intimidation anyone from performing an act that might aid in DAPC
5. Suppressing by act of concealment, alteration, destruction any physical evidence that might aid on DAPC
6. Concealing the identity
Justification Use of Deadly Physical Force in Law Enforcement
The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
- Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
- A felon who has escaped from lawful confinement; or
- A felon who is fleeing from justice or resisting arrest with physical force
The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:
- To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
- To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
a. Has committed/attempted to commit, or is committing/attempting to commit a felony involving the use/threatened use of a deadly weapon
b. Is attempting to escape by use of a deadly weapon
c. Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay
d. Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
Duties of Homicide Unit
- Homicides, suicides, and other deaths classified as ME cases
- Police Officer involved shootings when any person is injured or killed, or when it is unknown if anyone was injured (suspect fled scene)
- City prisoner is seriously injured and/or dies in custody
- Aggravated assaults when death is imminent or likely
- Industrial accidents resulting in death
- Major disasters involving numerous deaths
- Criminal investigations resulting in serious injury or death to a Police Officer
- Assisting outside agencies with support in their homicide investigations if leads end up in city
Conspiracy
Person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense, and one of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit any felony upon the person of another, 1st Degree Burglary, or Arson of Occupied Structure.
If a person knows or has reason to know that a person with whom such person conspires to commit an offense has conspired with another person or persons to commit the same offense, such person is guilty of conspiring to commit the offense with such other person or persons, whether or not such person knows their identity.
Recklessly
Person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or the circumstances exist.
Risk must be of such nature that disregard constitutes a gross deviation from standard of conduct normal person would observe.
Person who creates risk but unaware because intoxicated also acts recklessly.
Criminal Negligence
Person fails to perceive a substantial and unjustifiable risk that result will occur or circumstances exist.
Risk must be of such nature that failure to perceive it constitutes gross deviation from standard of care that a reasonable person would observe in the situation.
Homicide Scenario
Callout
Arrival on scene, initial observations
Briefing
Assignments (case, scene, SW, interview, canvass, hospital)
Scene walkthrough
Scene Investigation (SW, CSS, OME)
Interviews (recorded)
NOK notification - victimology; victim’s rights, services
SP id’d - arrest packet, coordinate with MOB, SAU, gangs, or NET
Case eval with crime lab and lab requests (scene)
SP arrest - interview at 620, SW for DNA, prints, blood, clothing
Book SP
Author DR’s, make Case Book
Submit Rule 15
Return SW
Autopsy (scene)
Keep up on court proceedings - contact with CA and family
Crime Scene Response Unit Scene Tools
Photos
Measuring devices - Hilti, Rolatape, temperature
GSR kits
Bullet impact test kit - presence of copper or lead
Bullet trajectory and angle
Latent prints
DNA processing
Electrostatic Dust Print Lift (EDPL)
Alternate Light Source (ALS) - fibers, biological stains
Luminol, Blue Star - presumptive test for presence of blood stains not visible
Kastle-Meyer - presumptive test for hemoglobin in blood
Analyzing Blood Stains
Luminol, Blue Star - presumptive test for presence of blood stains not visible
Kastle-Meyer - presumptive test for hemoglobin in blood
Leuco Crystal Violet (LCV), Amino Black- enhances pattern in blood
Hematrace - confirmatory test for human blood
Is it blood? Human or animal?
Origin of source and direction of blood travel; possible type of weapon, location of events, number of blows
DNA analysis, ABO typing, protein or enzyme typing
Identify or eliminate individual
Homicide Resources
Patrol - NET - MOB - SAU - Gangs - Street Crimes - Homeland Defense - Intel Officers
Crime Lab - CSRU - NIBIN - CODIS - DFIU
Public Affairs Bureau - Silent Witness- media
Video surveillance
FIU - RMS - MVD - TLO - Accurint - CLIPs - LE Web - Water Billing
Cell phone companies - banks - rental car companies - Facebook - postal inspectors
County Attorney -County Assessor - County Recorder
OME - Missing Persons - Forensic Artist
Doc Crimes - Pawn Shop -DEB
Polygraph
FBI - Marshals - ATF - DEA - ICE
Other local, military, tribal LE agencies
Case Management Up to Date
Stay organized, don't let little things pile up Prioritize Review Opens weekly, Pendeds monthly Keep track of status reports - Excell Check RMS Case Management Activity Notification at least weekly Type supplements ASAP Do furthers within 30 day Get permission to Pend or Close cases Ask for help if needed
Mincy v. Arizona
Necessary to draw search warrant for homicide scene where SP might have standing
Case Agent Duties
• Attend incident briefing and receive all information regarding case (follow up questions if necessary)
• Track down and ensure all 9-1-1 callers are located and interviewed
• Ensure all officers/supervisors enter in their supplements
• Interview key witnesses, victims, and suspects
• Keep Sergeant informed and coordinate with other Detectives to ensure overall quality of case
• Keep case organized, prepare case book
• Complete all follow up and ensure it is done in a timely manner
o Facebook, Cell phone records, Jail tapes
• Ensure evidence is processed (coordinate with Scene Agent), and follow up with lab results
• Keep family informed throughout stages of investigation
• Prepare case for trial, meet with prosecutors and assist them with follow up regarding trial, and attend court daily
• Keep up with case management; purge property as needed
Search Warrant Issued on Following Grounds
• Issued on following grounds (13-3912); OPS 4.11.3.B S I C C E A A
- To recover property that has been stolen
- To seize property used as a means of committing a public offense (instrumentalities)
- To seize property, the mere possession of which is a violation of law (contraband)
- To seize property in the possession of any person who intends to use it as a means to commit a public offense, or in the possession of another to whom it may have been delivered for the purpose of concealing or preventing it from being discovered
- To seize property or things that constitute any evidence that tends to show a particular offense has been committed, or tends to show a particular person has committed an offense (items of evidentiary value only)
- To search for the subject of an arrest warrant in a third party’s residence (absent of consent or exigent circumstances)
- Valid administrative/inspection search
Dangerous Instrument
Anything that if used capable of causing death or serious physical injury
Deadly Weapon
Anything designed for lethal use
Serious Physical Injury
Injury creates reasonable risk of death, or
Caused serious and permanent disfigurement, serious impairment of health, or
Loss or protracted impairment of function of bodily organ or limb
Premeditation
Either intention or knowledge he will kill another, preceded by any length of time to permit reflection
Adequate Provocation
Conduct or circumstances sufficient to deprive a reasonable person of self-control
Justification Use of Force in Crime Prevention
A person is justified in threatening/using physical force/deadly physical force against another if that physical force/deadly physical force is immediately necessary to prevent the imminent or actual commission of:
- arson of an occupied structure (1704)
- burglary in the second or first degree (1507 or 1508)
- kidnapping (1304)
- manslaughter (1103)
- second or first degree murder (1104 or 1105)
- sexual conduct with a minor (1405)
- sexual assault (1406)
- child molestation (1410)
- armed robbery (1904)
- aggravated assault (1204, subsection A, paragraphs 1 and 2)
There is no duty to retreat before threatening or using physical force/deadly physical force, and includes in a person’s home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be
Scene Agent Duties
- Ensure primary scene and any secondary scenes are secure
- Ensure Search Warrant is prepared (if necessary), served, and returned
- Located and obtain any video surveillance
- Conduct crime scene investigation – coordinate with CSS; description of scene; identification, documentation, and collection of evidence
- Coordinate with CSS and conduct Lab Eval, submit lab request (Forensic Form), and Priority Lab Request form
- Attend autopsy and collect all necessary evidence
- Coordinate with CSS on completing crime scene diagram
- Assumes case if Case Agent reassigned
Aggravated Assault
13-1204
A1. Serious physical injury (C3F, C2F if LE or Prosecutor, or under 15)
2. Uses deadly weapon or dangerous instrument (C3F, C2F if LE or Prosecutor)
3. Causes temporary but substantial disfigurement, temporary but substantial impairment of any body organ or part, or fracture of any body part (C4F, C3F if LE or Prosecutor)
4. Victim bound, restrained, or capacity to resist is substantially impairs (C6F)
5. After entering private home with intent to commit assault (C6F)
6. 18+ on minor under 15 (C6F)
7. 1203A 1&3 if under OOP under 3602 or 3624 (C6F)
8. Knowing or having reason to know victim is
a) Peace officer (C5F, C4F if injury)
b) constable (C6F)
c) firefighter, EMT (C6F)
d) teacher, school employee (C6F)
e) certified licensed health care provider (C6F)
f) prosecutor (C6F)
g) code enforcement officer (C6F)
h) park ranger (C6F)
i) public defender (C6F)
j) judicial officer (C6F)
9. takes or attempts to exercise control over
a) peace officer’s firearm (C3F)
b) other weapon (C5F)
c) implement (C6F)
10. imprisoned and victim acting in official capacity (C5F)
11. Uses a simulated deadly weapon (C3F)
B. impedes normal breathing or circulation of blood by applying pressure to throat or neck, or obstructs nose or mouth under 3601 A 1,2,3,4,5,6 (C4F)
1st Degree Murder
13-1105. First degree murder
A person commits first degree murder if:
- Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child
- Felony murder rule
- Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
Felony Murder Rule
MERKS BIND SMUT CAD
Acting either alone or with one or more other persons the person commits, attempts to commit, or is in immediate flight from the following offenses, causes death of another
- sexual conduct with a minor (1405)
- sexual assault (1406)
- molestation of a child (1410)
- terrorism (2308.01)
- marijuana offenses (3405, subsection A, paragraph 4)
- dangerous drug offenses ( 3407, subsection A, paragraphs 4 and 7)
- narcotics offenses (3408, subsection A, paragraph 7)
- involving or using minors in drug offenses (3409)
- drive by shooting (1209)
- kidnapping (1304)
- burglary (1506, 1507 or 1508)
- arson (1703 or 1704)
- robbery (1902, 1903 or 1904)
- escape (2503 or 2504)
- child abuse (3623, subsection A, paragraph 1)
- unlawful flight from a pursuing law enforcement vehicle (28-622.01)
Deoxyribonucleic Acid (DNA)
Autosomal/Nuclear – inherited from mother and father
• Blood, skin cells (touch), hair (root), urine, semen, vaginal fluid
• Gives statistics on hit
Y-STR – paternal, inherited from father
• Deep muscle tissue, bone marrow, hair
• Male lineage will have same Y-STR profile
• Detected in extreme mixtures
Mitochondrial – maternal, inherited from mother
• Last resort; sample dependent
• Degraded sample may get results (hit)
• Missing persons or Unidentified remains
• Can be done on ends of hair
Reasons for Examining Crime Scene
- Prove or disprove a crime occurred
- Collect physical evidence linking SP to victim or crime scene
- Collect physical evidence to reconstruct what occurred
- Provide leads to get information on Victim or SP
2nd Degree Murder
13-1104. Second degree murder (1 Felony)
A person commits second degree murder if without premeditation:
- Intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child
- Knowing that the person’s conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child
- Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
Unlawful Flight
28-622.01
Willfully flees or attempts to flee official LE vehicle
Knowingly
Person is aware or believes that the person’s conduct is of that nature or that the circumstances exist.
Does not require knowledge of unlawfulness.
Reasons Why Property Cannot Be Released
Court has not released No claimant Items other than evidence Victim's property and locate NOK Questionable ownership
Hospital Follow-up
• Who brought in (Fire, or other people) o DOA or died after arrival • Treating physician, nurse o Get doctor's observations o Try and obtain symptoms or past history o Location of injections, number and type of medications given, blood products/transfusions given • Injuries – type, number, locations • Identify victim • Contact ME - permission for GSR, dry prints • Document scars, marks tattoos • Document clothing, valuables • CSS photographs • Interview family
Case Clearance Procedures
1) Cleared by Arrest (CBA) – At least one person is arrested or a complaint, warrant, or summons is issued.
2) Cleared by Exception – When the following four questions can be answered “yes”, and is approved by a supervisor:
• Has the investigation definitely established the identity of the offender?
• Is there enough information to support an arrest, charge, and turn over to the court for prosecution?
• Is the exact location of the offender known so the subject could be taken into custody now?
• Is there some reason, outside of police control, that stops you from arresting, charging, and prosecuting the offender?
* “Turndowns” from the appropriate prosecuting authority may justify a “Cleared by Exception” Disposition. NOTE: Supervisor approval is necessary to “Clear by Exception” a “Turndown”.
3) Unfounded – When the Department’s subsequent investigation shows the complaint brought by a citizen was FALSE or BASELESS
The Incident Supplement to “Unfound” the report should clearly state the reason/s for reclassification, and should disprove the crime occurred.
An offense cannot be “Unfounded” because the complainant will not prosecute.
Search Warrant Property Released
13-3920
Magistrate must signs an order for it to be released “Request for Release of Property”
Need 2 copies: magistrate signs both, keeps one
Detective makes appropriate property released
Owner notified automatically by letter
Items to be Seized in Search Warrant even if not named
Contraband
Items PD has PC they are stolen
Instruments of crime
Items of evidentiary value
Tampering with Physical Evidence
13-2809 C6F
A. with intent that it be used, introduced, rejected, or unavailable in an official proceeding
1. destroys, mutilates, alters, conceals, or removes physical evidence with intent to impair its verity or availability
2. knowingly makes, produces, or offers any false physical evidence
3. prevents the production of physical evidence by an act of force, intimidation, or deception against any person
Court Order for Identifying Characteristics (ARS 13-3905)
Court Order for Identifying Characteristics (ARS 13-3905)
The magistrate may issue the order on a showing of all of the following:
1. Reasonable cause felony committed
2. Procurement of evidence of identifying physical may contribute to the identification of the individual who committed such offense
3. The evidence cannot otherwise be obtained by the investigating officer from either the law enforcement agency employing the affiant or the department of public safety
Any order issued pursuant to this section shall specify the following:
1. Alleged criminal offense (felony)
2. Specific type of identifying physical characteristic evidence sought
3. Relevance of the evidence to the investigation
4. Identity or description of the individual detained
5. Name and official status of the investigative officer authorized to detain the individual and obtain the evidence
6. Place at which the evidence will be obtained
7. Time that the evidence shall be taken (not detained for more than three hours)
8. Period of time, not exceeding fifteen days, during which the order shall continue in force and effect. If the order is not executed within fifteen days and is not extended by the magistrate, a new order may be issued pursuant to this section. The magistrate may extend the time for execution of the order for no longer than fifteen days.
“Identifying physical characteristics” includes but is not limited to:
• Fingerprints PHFF
• palm prints BUSH
• footprints PCMSH
• measurements
• handwriting
• handprinting
• sound of voice
• blood samples
• urine samples
• saliva samples
• hair samples
• comparative personal appearance
• photographs of an individual
Ways to Identify Unidentified Person
Fingerprints (AFIS, ICE) - probably done at OME post-autopsy
DNA
Dental records
Missing persons reports - scars, marks, tattoos, deformities, jewelry, clothing
RMS - FI’s
Check vehicles, abandoned property in area
Talk to precinct officers; hand out flyers
Canvass area - show photographs to local businesses, residence, transients
News/media, Silent Witness –> composite drawing
Facial reconstruction - Composite drawing
Consulate
National Guidelines for Death Investigations
E P S I I
Photographs scene
Develop descriptive documentation of scene
Establish probable location of injury or illness
Collect, inventory, and safeguard evidence
Interview witnesses
