HPM 70.1 Evidence Manual Flashcards
What is the definition of “Direct Evidence”?
Evidence that directly proves a fact, without the necessity of an inference.
What is the definition of “Circumstantial Evidence”?
Evidence that if found to be true, proves a fact from which an inference of the existence of another fact may be drawn.
What is the definition of “Testimonial Evidence”?
Evidence presented orally or in deposition form by a lay witness, expert witness or suspect.
What is the definition of “Physical Evidence”?
Any tangible object that can establish the commission of a crime and can provide a link between a crime and it’s victim or suspect.
What are the 5 criteria of Physical Evidence Evaluation?
Relevancy - Meaningful and related to the case.
Identifiable - Evidence same as found at the scene.
Legally Obtained - Evidence was not illegally gathered.
Continuity - Unbroken chain of possession.
Integrity - Evidence must not be contaminated or mixed.
Commands should establish a list of resources available from Division/HQ and Allied Agencies for Crime Scene Investigation. What types of resources would this list include and who should have access?
All supervisors and officers in charge should have access - The list should include contacts for crime lab personnel for evidence collection, canine units for searches, FBI contacts for specialized analysis of evidence etc.
What is the most important phase of crime scene investigation and who’s duty is it?
To protect the crime scene and preserve evidence, this is generally the primary duty of the first officer to arrive.
What type of information should a crime scene log entail?
Personnel entry and exit, signing ingress and egress.
If outdoors or large interiors are involved, how large should the crime scene be expanded?
Initially at least twice the distance from the center of the scene to the farthest known piece of evidence.
What CHP form is used to evidence and related chain of custody?
CHP 36
Once a suspect has been arrested who should advise of Miranda and interrogate?
Normally the investigating officer. Any voluntary statements should be recorded before / after Miranda advisement.
TRUE or FALSE
Juveniles shall be advised of their rights/Miranda regardless of questioning.
TRUE
W&I Code 625
Should investigatory field notes be retained?
If the notes were incorporated into a formal report and the report accurately reflects the contents of the notes, the notes do not need to be retained. The decision to retain notes is at the discretion of the investigator.
Do all Audio/Video recordings of interviews and interrogations need to be preserved?
Yes. If possible have the recording transcribed and certified for accuracy as well.
If the collection of evidence in a complex scene is beyond the capabilities of present personnel who should be contacted?
The Command should keep an updated list of Allied Agency resources / Crime Laboratory Investigator staff.
In addition to preservation of evidence what other considerations should be noted when preparing to investigate a crime scene?
Documentation - Entry/Exit Log / Notes / Sketches and Diagrams
Photography - Documenting the scene with photos / videos
Associated Evidence - Any associated evidence could be destroyed or inadvertently tampered with during collection (i.e. fingerprints / DNA).
TRUE or FALSE
When evidence is collected it should remain in the original container in which it was originally discovered. Drugs should be weighed and packaged in a departmentally approved manner.
TRUE
TRUE OR FALSE
Biological materials (blood/semen/saliva/fingerprint/plant material/moist items) can be packaged in plastic bags.
FALSE
Plastic may cause the specimen to retain moisture which promotes bacterial growth and sample deterioration. Plastic should not be used.
TRUE OR FALSE
Staples should be used to seal evidence in any type of container.
FALSE
Staples create a puncture danger and also deteriorate any packaging seal.
TRUE OR FALSE
Large quantities of controlled substances in excess of 10 lbs gross weight, or 2 lbs for growing/harvested cannabis, MAY be destroyed without a court order so long as the specific requirements are satisfied.
TRUE
Section 11479 H&S cover the requirements. They include weighing the substances, samples taken for evidence, photographs etc.
What should a pistol seized for evidence requiring forensic testing be placed in if a gun box is not available?
A manilla envelope.
If a rifle is seized for evidence, a rifle box ______ be brought to the scene to transport the rifle.
SHOULD
What steps should be followed when collecting computer hardware?
- Immediately restrict access to the machine
- Do not use the computer in an attempt to search for evidence
- Photograph the area, including the screen if the computer is on. If the screen is asleep move the mouse or press a key to take a photograph of the desktop
- If the computer is off, do not turn it on
- If a laptop is collected, remove the battery
- Remove any network cables to prevent remote access
- Package the computer equipment and note any equipment locations
- Do not place the equipment near the patrol vehicle’s radio to prevent interference damage
What steps should be followed when collecting cellular devices / tablets / digital cameras?
- If the device is off, leave it off
- If the device is on, leave it on and keep it charged. Powering down could prompt a security password
- Photograph the device screen
- If the device is on, remove the SIM card and if possible place the device in airplane mode
- When seizing storage media, collect any associated notes and/or manuals
- Prevent the device from receiving / connecting to a wireless network