Legal/Systematic Approach/Note Taking Flashcards
what is the OJ effect?
-establishment of protocols (general orders/policies, special orders)
-exposed problems and lessons learned by having to follow procedure, sloppy evidence handling
what are the legal considerations?
-admissibility of evidence
-search warrants
-consent to search
must follow guidelines to ensure ?
admissibility of evidence
fourth amendment
protects against unreasonable search and seizure
permission slip to search and seize
search warrant
what determines probable cause?
-level of proof
-affidavit
-magistrate issues warrant
what is level of proof?
judges as to whether there is a fair probability that the subject has committed or is about to commit a crime
what is an affidavit?
sworn statement of fact completed by police demonstrating probable cause
what is a magistrate?
judicial officer who issues warrant, which must contain specific location, specific items to be searched for
what can you do if the warrant is rejected?
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
how to execute the warrant
-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
when should the original paperwork be filed with the clerk of the courts?
within 3 days, not including weekends/holidays
what did the Mincey v. Arizona (1978) case dictate?
-dictated what actions law enforcement personnel are authorized to take without first obtaining a warrant
First, officers can enter a scene to search for _______ and render aid in areas in which a __________ could reasonably be found.
victims, victim
Second, officers may enter a scene to search for ________ – again only in areas where a ____________ could be located.
perpetrators, suspect
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).
seize, plain view
what does seizing evidence in plain view mean? and when to do it?
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
what is transient evidence?
physical evidence that may be lost forever if not immediately preserved
examples of transient evidence
-blood evidence washing away in a thunderstorm
-shoe impression in a melting bank of snow
evidence obtained ? may not be admitted into court
illegally
any ? information that may be derived from the excluded physical evidence is referred to as fruit of the poisonous tree
subsequent
if the tree (physical evidence) is tainted, then any fruit (subsequent information) derived from that evidence would also be ?
tainted
what is the chain of custody?
-chronological timeline of the journey of each item
-documents the location/person in possession of all evidence at all times (time and date)
Anything after a break in the chain may result in some evidence such as, fingerprints and DNA to be
inadmissible
order of chain of custody
- Evidence collected at the scene by CSI
- Evidence submitted to lab for analysis (DNA)
- Evidence transferred for additional lab analysis (Firearms)
- Evidence returned to Property/Evidence Unit for storage
- Evidence released to CSI for court presentation
- Evidence returned to Property/Evidence Unit to await disposition
- Evidence may be returned to owner or destroyed
who maintains chain of custody?
- initial collector
- subsequent possessors
goal of documentation of crime scenes
create a permanent record of the condition of the scene and physical evidence
how to take documentation
- taking notes
- photography
- sketching
FBI uses ? step process
12
part one of initial phase of systematic approach
preliminary scene survey
-story, setup, strategy, initial walk through (done by CSI)
> identify evidence
> prioritize evidence collection sequence
part two of initial phase of systematic approach
note-taking - document existing conditions
>setting
>scene observations
part three of initial phase of systematic approach
overall photographs (4, done by coroner)
videotape (if available)
part four of initial phase of systematic approach
begin rough sketch
part one of collection phase of systematic approach
examine evidence - take more notes
part two of collection phase of systematic approach
midrange/ close-up photography with and without scale
part three of collection phase of systematic approach
measure evidence and place on rough sketch
part four of collection phase of systematic approach
collect evidence
part five of collection phase of systematic approach
package/ presence evidence
part one of final phase of systematic approach
processing latent fingerprinting, trajectory
part two of final phase of systematic approach
overall measurements of scene: work clockwise around the room
part three of final phase of systematic approacH
discuss findings/ evidence evaluation
part four of final phase of systematic approach
final scene walkthrough fresh eyes: have officer that was standing outside the room to walk through with you to see if you missed anything, different perspective, and if you left any equipment (expensive camera)
part five of final phase of systematic approach
notify case agent: ask if there is anything else needed anymore details on the case, look for something else, anything else to document for the case) because once you leave, you would have to get another search warrant to go back to that residence
example of processing
black powder on surfaces for latent fingerprintig, bullet trajectory, bloodstain pattern analysis
how to do appropriate note-taking
old fashion - pen and paper
tape recorder
may use pre-printged forms/checklists
considerations while note taking
You may have to refer to your notes several years later, for recollection
You will need to put your notes into a formal report
Clearly and legibly written
Document complete and thorough- details, specific
Be consistent
Be logical and organized- chronological order
Reconstruct what happened- the written documentation should walk a person through the crime scene
Only the facts, no opinions
Tape recorder has to be transcribed, could accidentally delete
note taking - crime scene basic case info
Time/Date (day) received call, by whom received call, what you were told
Time/Date (day) arrived, who you met with and what you were told
Time/Date (day) left the scene or responded to other locations
Case #, location, type of offense, surroundings
Search warrant/consent, personnel at scene, scene security
Victims / Suspects name, address, DOB
Weather, temperature, lighting, smells
write unknown if you don’t know victim/suspect
note taking - vehicles
Make, model, tag, VIN, body style, exterior color, interior color, year
interior/exterior condition
note taking - firearms
Make, model, caliber, type
Serial number, barrel length, finish
Cylinder/magazine capacity, cylinder rotation
Safety, hammer position, chamber loaded
Number of rounds loaded
Ammunition- fired, not fired, misfire, empty
note taking - deceased bodies
Name, address, DOB, sex, race
Body position- use standard anatomical position
Blood present and where
Lividity observed- color of lividity, fixed / not fixed
Rigor present – in which body parts
Medications- patient name, doctors name, date filled, medication name, quantity dispensed, count quantity left
