Legal/Systematic Approach/Note Taking

Question 1

what is the OJ effect?

Answer 1

-establishment of protocols (general orders/policies, special orders)
-exposed problems and lessons learned by having to follow procedure, sloppy evidence handling

Question 2

what are the legal considerations?

Answer 2

-admissibility of evidence
-search warrants
-consent to search

Question 3

must follow guidelines to ensure ?

Answer 3

admissibility of evidence

Question 4

fourth amendment

Answer 4

protects against unreasonable search and seizure

Question 5

permission slip to search and seize

Answer 5

search warrant

Question 6

what determines probable cause?

Answer 6

-level of proof
-affidavit
-magistrate issues warrant

Question 7

what is level of proof?

Answer 7

judges as to whether there is a fair probability that the subject has committed or is about to commit a crime

Question 8

what is an affidavit?

Answer 8

sworn statement of fact completed by police demonstrating probable cause

Question 9

what is a magistrate?

Answer 9

judicial officer who issues warrant, which must contain specific location, specific items to be searched for

Question 10

what can you do if the warrant is rejected?

Answer 10

if a warrant is rejected, then the affidavit can be revised so that the narrative and story can be more detailed or have more facts in it to convince the magistrate to issue the warrant

Question 11

how to execute the warrant

Answer 11

-read the warrant for correct information
-record all items collected
-leave a copy of the warrant and affidavit at scene, in the vehicle, or handed directly to person
-keep copy for your records

Question 12

when should the original paperwork be filed with the clerk of the courts?

Answer 12

within 3 days, not including weekends/holidays

Question 13

what did the Mincey v. Arizona (1978) case dictate?

Answer 13

-dictated what actions law enforcement personnel are authorized to take without first obtaining a warrant

Question 14

First, officers can enter a scene to search for _______ and render aid in areas in which a __________ could reasonably be found.

Answer 14

victims, victim

Question 15

Second, officers may enter a scene to search for ________ – again only in areas where a ____________ could be located.

Answer 15

perpetrators, suspect

Question 16

Third, while officers are legally in a location performing either of the two aforementioned actions, they may __________ items of evidentiary nature that are in _________ ______ – however, this should only occur in exigent circumstances, such drug baggie blowing away in the wind (book says unsecured gun).

Answer 16

seize, plain view

Question 17

what does seizing evidence in plain view mean? and when to do it?

Answer 17

circumvents the documentation aspects of the crime scene search, and should not be utilized unless the evidence is transient, or presents a danger to those present

Question 18

what is transient evidence?

Answer 18

physical evidence that may be lost forever if not immediately preserved

Question 19

examples of transient evidence

Answer 19

-blood evidence washing away in a thunderstorm
-shoe impression in a melting bank of snow