LE Practices- Session 12- MFP Digest Part 2 Flashcards
What is the purpose of an investigation?
To gather information pertaining to a particular event
Why is it important to gather infomation even if it will not be acceptable in court?
All relevant information – a rumor, tip and the like – can prove to be of value in reconstructing an event.
Any kind of information may help you develop and present acceptable evidence in court.
What are the two sources of information during an inverstigation
Persons and Things
In court info obtained from things has a higher evidentiary value in court than info from persons
In court, physical evidence is best; it cannot lie, it is not affected by emotions and it cannot be impeached.
Information given by persons can help explain and support physical evidence exhibits.
What are some of the basic tasks undertaken during a preliminary investigation?
a) Proceed promptly and safely to the scene.
Delay= possibly lost evidence
b) En route to the scene, mentally review the problems usually associated with any such reported event.
This makes for calm, effective leadership
c) As you enter the crime scene area, survey the area, note of the conditions you observe. Avoid contaminating or destroying evidence
d) Assist the injured.
e) Determine whether there is reasonable cause to believe that an offense was committed and, if so, what
offense. Knowledge of the grade of the offense may have a bearing on the actions you take.
f) Make notes about everything.
g) Arrange to obtain all necessary assistance.
h) Isolate and preserve the crime scene.
1) Use crime scene markers as necessary.
2) Determine if you need a search warrant and if you have reasonable cause to obtain it.
3) Collect evidence and control samples as required.
i) Identify, isolate and interview any victims and the complainant.
The information supplied by the victim is usually vital to your investigation.
j) Identify, isolate and interview any witnesses. When several witnesses are present, do not spend too much
time with each one, but obtain sufficient information. Witnesses may be re-interviewed at length at a
later time.
k) Identify, isolate and arrest any suspects.
l) When another officer will conduct the continuing investigation:
1) Thoroughly brief him; and
2) Yield the responsibility for further investigation to him.
m) Submit any required reports.
What are some of the basic tasks undertaken during a continuing investigation?
- It is usually begun when most of the basic tasks of the preliminary investigation have been
accomplished - In the continuing investigation, investigative actions are undertaken that were earlier postponed.
- Your investigative efforts and skills can now be concentrated on the more time-consuming
actions that should not ordinarily be hurried.
4.If the offender was apprehended during the preliminary investigation, your efforts in the continuing
investigation should be directed to:
1) Recovering stolen property, if any;
2) Investigating any other offenses that may have been committed by the defendants; and
3) Preparing the case for trial. - If the offender was not apprehended during the preliminary investigation, your efforts in the continuing
investigation should be directed to:
1) Developing new information that can lead to identifying the offenders and lead to his eventual
arrest.
2) Developing and recovering any evidence at the scene that can be presented in court when the
offender is arrested and put on trial.
What are some of the investigative tasks during an investigation?
a) Continue the investigation by initiating inquiries concerning basic investigative leads.
-Seek complete answers to the questions: who?, what?, when?, where?, how? and why?
b) Try to develop a theory of why and how the offense occurred because the theory may help to direct your
actions toward case solution.
c) Analyze the legal significance of all collected information and collected evidence in consideration of the
elements of the offense and the rules of evidence. 3
d) Continue your search for new information through witnesses. This includes:
1) Re-interviewing the victims, complainant and witnesses that were interviewed during the preliminary investigation; and
2) Seeking new witnesses.
e) If evidence was submitted to the laboratory, assess the value of the reported findings.
-The findings of the laboratory may offer new leads toward solving the case.
f) If the offense is a misdemeanor or a felony and you have identified the offender, send a wanted person terminal message or an added “info” to the original message sent earlier.
g) If appropriate, consider conducting Surveillances.
h) Attempt to locate and arrest the offenders.
i) Submit any required reports.
j) When the offender is arrested, confer with the prosecutor in preparing the case for trial.
-Provide the prosecutor with sufficient physical evidence and potential testimony of witnesses so that he can prove the guilt of the defendant beyond a reasonable doubt.
What is the purpose of a pre trial identification?
To give a witness the opportunity to possibly identify a suspect as the person who committed an offense.
What are some of the methods of identifying suspects?
1) Photographic Identification.
- Consider using a photographic identification procedure when you do not have a suspect in custody or when you have a suspect in custody, but a line-up identification procedure is impractical.
2) Line-up Identification.
- Consider using the line-up identification procedure when a suspect is in custody and you believe that witness identification is necessary to successfully prosecute the case.
3) Artist’s Renderings or Composites
4) One-On-One Confrontation. Arrange a one-on-one confrontation between a witness and suspect only:
- When there is an extreme necessity such as when the witness or suspect is in danger of dying; or
- When the confrontation can be arranged shortly after the offense was committed.
What is an essential element of pre trial identificaitons?
The identifcations must be conducted under circumstances consistent with a person’s
Constitutional rights.
Regarding photographic identification procedures what should the number breakdown of photos be between the subject and other unrelated individuals
This display should consist of only 1 photograph of the suspect and 8 to 10 photographs of other people.
5(G)2 subd. (a)(1) of the official MFP
Can you have two subjects in the same photo identification?
If you have more than 1 suspect for the offense under investigation, show each
suspect’s photograph in a separate display.
If there are multiple witnesses can they view a photo identification together?
When there is more than 1 witness to the offense, arrange for each witness to
independently view the photographs with no other witness present
What should witnesses be informed of prior to a photo identification viewing
- That he should take his time and carefully look at all the photographs before he makes any decision
- That a photograph of the person who committed the offense may or may not be in thedisplay
- That he should leave the photographs face up
- That the person in the photographs may have a different appearance than the recollection he has of the criminal because of such things as a change of hair style, facial hair or lighting.
How should a suspects photo be organized in a stack of photos for an identification?
Randomly but not first or last
What are the procedures during a photo identification viewing
1) Avoid giving any information regarding the persons in the photographs.
2) Avoid directly or indirectly suggesting that one of the photographs is that of the suspect.
3) Make detailed notes regarding the procedures you used, and record any comments of the witness.
4) If the witness identifies a suspect, secure all the photographs used in the display as evidence.
5) Ask the witness to sign and date each photo used.
What are the procedures during preparation for a Line Up?
- Select at least 5 persons in addition to the suspect.
- Select persons who resemble the suspect in age, sex, race, height, weight and who have as many other similar visible physical characteristics as possible.
* When possible, allow the suspect or his attorney to select the non-suspect participants. - Insure all persons in the line-up are similarly clothed.
- When you have more than 1 suspect, present each suspect in a separate line-up.
- Inform each suspect or defendant that he will be placed in a line-up at a specific time and place so that a witness to a particular offense can have an opportunity to identify him.
- In the case of line-ups conducted after the formal commencement of judicial proceedings, there is a right to counsel, and the defendant cannot waive that right in the absence of counsel. The defendant’s attorney should be notified of the time and place of the line-up, and given a
reasonable time, the line-up may proceed without the attorney being present. If you proceed, contact the District Attorney and advise him of the circumstances prior to proceeding. - Inform each non-suspect participant of the reasons why the line-up is being held.
- If a suspect’s attorney is present however,
allow the attorney to view the line-up. - A suspect’s request to have an attorney present at the line-up may be denied. Such a request will, however, preclude any further police interrogation of the suspect in the absence of counsel.
- If you are aware that the suspect has an attorney on the matter under investigation, and the suspect requests the attorney be present, or if you are aware the suspect has an
attorney on the matter under investigation and the attorney has advised your department that the suspect should not be questioned outside the attorney’s presence, then you must
make a reasonable effort to notify that attorney of the time and place of the investigatory line-up. - If the suspect’s attorney has been notified of the time and place of the line-up, but does not appear in a reasonable time, you may proceed without his presence.
- When there are articulable, exigent circumstance which clearly dictate proceeding with the line-up immediately for example: significant inconvenience to witnesses and/or an
overriding need for a prompt identification you may proceed with an investigatory line-up without notifying the attorney. - Make notes for inclusion in the case file of the facts you believed to have been exigent circumstances.
What are the procedures at the start of a Line Up?
Before each witness views the line-up, inform him of the following:
* To take his time, to carefully look at each person in the line-up before he makes any decision;
* That the person who committed the offense may or may not be present in the line-up;
* That he may request to have the officer conducting the line-up instruct 1 or more of the line-up participants to speak certain words, perform certain movements or wear certain
clothes
* That if he sees any other witness to the offense, to avoid speaking with him until after the line-up procedure has ended.
2. Try to conceal the identity of the suspect from the other line-up participants. When this is not possible, instruct the non-suspect participants to avoid indicating who the suspect is.
3. Instruct all line-up participants not to look at, glance at or take any notice of any other line-up participant
4. Inform them that they may be requested to speak certain words, perform certain movements or wear certain clothing during the line-up.
5. Allow the suspect to select his position in the line-up. Inform the suspect that he may select a new position for each witness called to view the line-up.
What are the procedures during a Line Up?
- Prevent any witness from viewing any line-up participant, suspect or non- suspect before or after the line up
- Keep witnesses separated from one another.
- Avoid telling a prospective line-up witness whether or not another witness identified a line-up participant.
- Allow only 1 witness at a time to view the line-up.
- Avoid directing questions or comments to a witness that will draw attention to a particular line-up participant. (You may ask questions such as: Do you recognize anyone in the line-up as the person who committed the offense?)
- If you intend to instruct the suspect to speak certain words, perform certain movements, or wear certain clothing, be sure that you also instruct the other line-up participants to do the same.
- Make notes concerning the procedures used, the identity of all persons in the line-up, the identity of everyone present and any requests and comments made by the witnesses.
- Photograph all line-ups to be able to demonstrate the fairness of the procedure in a later court.
* Take additional photographs when the suspect takes a new position in the line-up; and secure all photographs as evidence.
What is the procedure regarding Artist Renderings and Composites
- If a witness to a crime has a good recollection of the person who committed it, but the person’s identity is unknown, consider asking an artist to make a rendering of the offender, or consider using a composite to aid in identifying the subject.
- Once you have identified a suspect, you may then show the suspect to the witness by the use of a
photographic or a line-up identification procedure.
- An artist’s rendering is preferred to an identi-kit composite because the artist can tailor each feature to the description given by the witness.
- An identi-kit composite can be readily transmitted by number code to other law enforcement
agencies anywhere in the country.
What is the procedure regarding One-On-One Confrontations?
- f possible, show the suspect without physically restraining him.
- Inform the witness that the suspect may not be the person who committed the offense.
- If you do not have a suspect in custody, you could take the witness to a location where the suspect can be viewed along with others, such as in a crowded restaurant.
NOTE: Several times a question has been used where the suspect was in cuffs.
This is not necessarily overly suggestive and the question said it wasn’t.
