Questions Flashcards
Pursuant to ARS, what are the predicate offenses that are eligible for someone to be charged with first degree murder(felony murder rule) when a person or a group of people participate in this type of crime and during which this conduct causes the death of that person ?
BUSTEDD RAK MISC MDN
- Burglary
- Unlawful flight from PD vehicle
- Sexual assault
- Terrorism
- Escape
- Drive by shooting
- Robbery
- Arson
- Kidnapping
- Molestation of a child
- Involving or using a minor in a drug offense
- Sexual conduct with a minor
- Child abuse
- Marijuana offenses per T/S 13-3405.A.4
- Dangerous drug offenses T/S & manufacture per 13-3407.A.4 or .7
- Narcotic offenses per T/S 13-3408.A.7
A. Homicide, as prescribed in subsection A.2, requires no specific mental state other than what is required for the commission of any enumerated felonies
Who are you and what have you done to prepare ?
Associates degree Applied Police Science Rio Salado Comm College
2. BS Admin of Justice Studies ASU
PROFESSIONAL DEVELOPMENT
• Detective/Investigator Certification
• Introduction to Homicide Investigator class
• Basic Criminal and New Detective seminar
• Advanced Homicide Investigator class
• Reid Interview and Interrogation training
• Al Joseph’s Method of Interview and Interrogation class
• Surface Skeleton and Buried Bodies Recovery class
• Bloodstain pattern/spatter analysis training
. Homicidal drowning investigations
* cell phone/social media technology
* 998 seminars
* confrontation phone call training
* IRTB
* celebrate certification
QUALIFICATIONS Night detective for 3 years Case carrying detective in child crimes Case carrying detective in property crimes 30 temp to 451 1 week temp to assaults 1 week temp to robbery Case agent in custody 451...15.5yrs Out on several 998, interviews, bullet counts Autopsies Lab evaluations Grand jury, court on 451, 988, 245, 491... Wrote/served/returned over 50 warrants Wrote/served/returned numerous ping/trap and trace phone orders Numerous next of kin notifications Strong RMS, PACE, CLIPS, case mgmt
AWARDS/MEMBERSHIPS 2014 medal of merit 2006 police chief units award AHIA ANOA
Give a basic definition which describes the difference between nuclear DNA, mitochondrial DNA and Y-STR DNA.
Nuclear DNA
- Nuclear DNA inherits the DNA from both mother and father.
- Nuclear DNA is contained within the nucleus of the cell and has 2 copies per cell.
- Nuclear DNA is located in the cell’s nucleus.
- Nuclear DNA has a less that .3% mutation rate
- Typically analyzed in evidence containing blood, semen, saliva, body tissue and hair root.
Mitochondrial DNA
- Mitochondrial DNA comes only from the mother.
- Mitochondrial DNA is located in the mitochondria and contains 100-1,000 copies per cell.
- Mitochondrial DNA is located in the cells mitochondria.
- Typically analyzed in evidence containing naturally shed hairs, hair fragments, bones and teeth.
- Used on probative samples if they are deemed unsuitable for Nuclear DNA analysis.
- Used in cold cases, mass disaster samples and evidence containing little biological material.
- DPS in the only lab in AZ that processes mitochondrial DNA.
Y-STR DNA
- Y-STR DNA comes only from the father.
- Y-STR is a short tandem repeat (STR) on the male specific Y-chromosome.
- Y-STRs have been used by forensic laboratories to examine sexual assault evidence.
- Y-STR testing can help to identify all males who have contributed to the evidence.
- Criminal paternity analysis.
Pursuant to ARS 13-1103.A.3, a person commits negligent homicide by intentionally aiding another to commit suicide. Is this true or false ?
A: False
A: Manslaughter
What type of evidence can you possibly find from reference cell phone/smart phones ?
- Call logs
- GPS
- Dialed and received call dates and times
- Email, texts, MMS, SMS
- Social media, ie: Facebook, Twitter, My Space…etc
- Contacts
- Photos and videos
- ESN an MEID
- Browsing information
Pursuant to 13-1209, which is the drive by shooting statute, it states “a person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at what ?
- Person
- Another occupied motor vehicle
- Occupied structure
Based on Rule 15 disclosure standards and how our department applies them to policy, what is the time frame detectives would have to incorporate information into their reports before they would have to impound their notes as evidence ?
20 day
Explain some of the basic steps you would take if you were assigned as the case agent for the following investigation. You are assigned to a death investigation at 3500 West ISR, which was a structure fire. Fire personnel discovered two deceased persons in the structure and Arson Investigators are saying the fire appeared to be accidental.
- Briefing by patrol Sergeant, date, time and call logs
- Interview 1st responders both police and fire
- Interview any witnesses
- Calls for service from this address
- Talk to any neighboring businesses or homes, squatters?
- Determine who owns the structure and make contact if possible
- Learn from Arson where point of origin and why considered accidental
- Coordinate with OME and attend autopsy
- Determine identity of victims
- Notify next of kins
Pursuant to ARS 13-1103B, 13-1104B and 13-1105C, what if any is the required stage of development needed to satisfy criminal charges in the death of an unborn child in the mother’s womb under negligent, reckless and or intentional circumstances ?
Any stage of development
Pursuant to ARS 13-3918, upon the expiration of the five day period on a search warrant, is the warrant irreparably voided ?
Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate for good cause. The time for execution of the warrant may be extended for no longer than five calendar days.
Pursuant to ARS 13-3918, how many days can elapse before a search warrant must be returned to a magistrate after the execution of the warrant ?
- 5 calendar days from its issuance to SERVE.
5-Serve - 3 court business days after the warrant is executed to RETURN.
3-Return
Per ARS 13-2926, abandonment or concealment of a dead body, is it unlawful for a person to knowingly move a dead body or parts of a human body with the intent to abandon or conceal the dead human body parts ?
It is unlawful. Class 5 felony
Can a detective request a court order for obtaining evidence of identifying physical characteristics for a felony investigation ?
Felony – Yes
Misdemeanor - No
- Reasonable cause for belief that a felony has been committed.
- Procurement of evidence of identifying physical characteristics from an identified or particularly described individual may contribute to the identification of the individual who committed such offense.
- The period of time, not exceeding 15 days, during which the order shall continue in force and effect unless extended for an additional 15 days.
- The order issued pursuant to this section shall be returned to the court not later than 30 days to return the court the order after its date of issuance and shall be accompanied by a sworn statement indicating the type of evidence taken.
- “identifying physical characteristics” includes, but is not limited to, the fingerprints, DNA, palm prints, footprints, measurements, handwriting, hand printing, sound of voice, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance or photographs of an individual.
- Can only detain for 3 hours.
What does the acronym CODIS stand for and what is CODIS ?
Combined DNA Index System(CODIS), responsible for developing, providing, and supporting the CODIS Program to foster the exchange and comparison of forensic DNA evidence from violent crime investigations. Launched in 1998. Linked to all 50 states, Federal labs, Armed Forced LAB and Puerto Rico. Requires 10 core STR markers(NDIS) and 6 core STR markers(SDIS).
What is a free talk ?
MCAO gives the suspect immunity from just that conversation; it is usually to provide information on a crime/s.
How is wet clothing with an accelerant on it impounded ?
Flammable samples, such as gasoline soaked wood or carpet will be sealed in glass containers with metal lids or unlined metal paint cans with evidence labels covering the openings.
How long can clothing be kept in the drying room ?
- VCB manual – 7 days
- OPS orders – 5 days
- Desk Sgt. – 3 days, but an email or phone call is required after 2 days.
What are the times for a day time and night time search warrant ?
- Day time: 0631-2159
2. Night time: 2200-0630
Per ops orders 4.45.7, what are the criteria to exceptionally clear an investigation ?
An offense ix X-cleared when the four questions can be answered yes
1. Has the investigation definitely established the identity of the defender?
2. Is there enough information to support an arrest, charge and turn over to the court for prosecution?
3. Is there some reason outside of police control that stops you from arresting, charging and prosecuting the offender?
4. Is the exact location of the offender known so the subject can be taken into custody?
A. Turndowns from the appropriate MCAO may justify X-cleared.
B. Supervisors’ approval is necessary to X-clear a turndown.
In 2004, AZ became a “partial arrestee” state in which qualifying offenses could be placed into CODIS. What are the qualifying offenses ?
M I S S I P P B C B H
- Molestation of a child
- Indecent exposure
- Sexual abuse
- Sexual conduct with a minor
- Incest
- Prostitution
- Portraying adult as a minor
- Bestiality
- Continuous sexual abuse of a minor
- Burglary, 1st/2nd degree
- Homicide
- Any serious offense pursuant to 13-604…Dangerous and repetitive offenders
- All samples go to the AZ DPS crime lab pursuant to the statute.
What are the justifications for a night time warrant ?
- Prevent degradation of BIOLOGICAL evidence
- Prevent destruction of ELECTRONIC evidence
- Ability to determine approximate T.O.D.
- To ID SUSPECT who is a threat to the community
- To ID EVIDENCE that was taken, so it can be recovered
- To prevent destruction, alterations or disposal of evidence
- PREVENT DELAY of ongoing homicide investigation
- PATROL OFFICERS are securing the scene
- Witnesses and other subjects have been DISPLACED
What does ICAT stand for and what do they do ?
International Criminal Apprehension Team
1. Locate and arrest wanted fugitives and prepare article 4 cases.
What does the presence of petechiae indicate ?
A lack of oxygen to the brain
- Strangulation
- Suffocation
- Head trauma
What are the case management statuses ?
- Open-active investigation
- Closed-case concluded
- Pended-investigative efforts exhausted, inactive until further info is obtained
- No contact-reviewed for solvability, with no investigation conducted
- Cancelled-DR# created in error
What are some of the available resources from the lab ?
- GSR
- NIBIN
- DNA-CODIS
- AFIS
- EDPL
- Fingerprinting
- Kastle-Myer
- Bullet swipe it
- Trace evidence collection
- Diagramming
- Trajectory
- Luminol
- Photography
- Tool mark comparison
- Bite mark comparison
- Handwritign analysis
- Drug Analysis
- Blood/urine toxicology
What is the definition of cold case ?
A homicide that remains unsolved for one year or more after being reported AND that has no viable and unexplored investigatory leads.
What is EDPL and what information can it provide ?
Electrostatic Dust Print Lift. A static charge acts as a magnet for dust particles to collect a life-sized image or impression of a foot/shoe print.
What chemical process can be used to enhance or analyze blood stains ?
- Amino black
- Luminal
- Blue star
- LCV-Lueco Crystal Violet
- Hematrace
What is NIBIN ?
National Integrated Ballistic Information Network, used to compare casings, projectiles and other gun related crime evidence with other states/countries.
What are the 4 classification of homicides, the related felony charges and examples of each ?
- 13-1102 - Negligent homicide ——-Baby in a bath tub—-C4F
- 13-1103 - Manslaughter—Aiding suicide, drunk driver, heat of passion—C2F
- 13-1104 - 2nd degree murder—Shooting into a crowd, without premeditation—C1F
- 13-1105 – 1st degree murder—premeditation, husband plans to kill wife—C1F
What is the most common legal recourse of action available to officers conducting a reasonable search and seizure are:
V I P A C E
3 3 2 2 2 1
- Valid search warrant
- Valid arrest warrant
- Vehicle exemption
- Incident to lawful arrest
- Inventory
- Investigative detention/stop and frisk
- Protective sweep
- Plain view
- Arrest based on PC
- Abandoned property
- Consent
- Curtilage/open field
- Exigent circumstances