prentice hall © 2008 pearson education inc. upper saddle river, new jersey 07458 1 criminal...

PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458

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CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman

UNIT 8: THINK

•Critical Thinking

•Skill Development

•Analyzing Information

•Problem Solving


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UNIT 8: TO DO LIST

Discussion Board

CORNERSTONE – CHAPTER 9

Weekly Seminar

Quiz


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Critical Thinking

Think about something from different angles

Formulate thoughts and ideas

Use facts and credible research


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Characteristics of Critical Thinkers

Open-minded ObjectiveSeek the truthUse Credible Sources


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Ask Questions!

Make decisionsBe willing to changeQuestion thingsBe skepticalResearch


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A plan for critical thinking

Restrain emotionsAnalyze InformationAsk QuestionsDistinguish fact from opinion


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Control your emotions!

Child AbuseDrunk DrivingDomestic ViolenceDeath PenaltyPolitics


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What steps can you take to look at an issue or situation differently?

Student responsesIn the workplace


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Considering Alternate Points of View

•Discussion boards•Listen; don’t judge•Research


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Problem Solving

ID the ProblemResearchDevelop AlternativesEvaluate AlternativesSolve the Problem


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Evaluating Alternatives

BrainstormWrite it downPositive AnglesNegative AnglesSeek Advice


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Fact vs. Opinion

•How can I tell the difference???


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FACT VS. OPINION

•Media•Opinions that are repeated over time•Research and evaluate•Critical thinking!


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Unit Reflection

•Credible and Reliable Sources•Fact vs. Opinion•Flexible Thinking•Emotional Restraint•Avoid Generalizations•Be Objective•Don’t Assume•Ask Questions


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UNLOCKING THE KEYS TO SUCCESS

EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.


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See you next week!

Continue working on your final project!


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Search and Seizure

Chapter 4


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Introduction

Of paramount importance in criminal investigations is the officer’s ability to be aware of and work within constitutional and departmental guidelines.


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Due Process and the Constitution

• Bill of rights Granting individual freedoms

• Fourteenth Amendment, passed in1868, guarantees three classes of rights:

Privileges and immunities of citizens of the United States

Due process of law Equal protection under the law


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• Fourth Amendment Unreasonable searches and seizures clause Warrants clause

• Fifth Amendment Privilege against self-incrimination clause

• Sixth Amendment Right of confrontation clause Right to council clause


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Legal Guidelines for Searches

• The probable cause requirement The minimum amount of information necessary to

warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.

• Exclusionary rule Courts will exclude any evidence that was illegally

obtained even though it may be relevant and material.• Mapp v. Ohio


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Fruit of the Poisoned Tree Doctrine

• If the prosecutions case is based-on evidence that is obtained from an illegal search or seizure then it is considered “tainted.”

• “Tainted” evidence is inadmissible in a case.

• Violation of due process Silverthorne Lumber Co. v. United States (1918)


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Search Incident to Lawful Arrest

• Chimel v. California (1969) A search can only be made incidental to a lawful

arrest and must be confined to the area around the suspect’s immediate control.

• Scope of the search Relates to an officer’s authority to search incident

to an arrest


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Exceptions to the Exclusionary Rule• Good faith exception

Use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid.

• Inevitable discovery exception Evidence that has been seized illegally or evidence

stemming from illegally seized evidence is admissible if the police can prove that they would have inevitably discovered it anyway by lawful means.

• Computer errors exception Officers acting in good faith based on the information

available to them cannot be held responsible for a clerical error made by a court worker.


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Searches With a Warrant• Authorizes the search of homes, businesses, and

vehicles of suspects

• Typically results in the arrest of multiple suspects

• Expedites investigation and subsequent case closure

• Advantages of searching with a search warrant: Recover stolen property Seize drugs or other contraband Seize any other type of property used in the

commission of a crime


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Legal Requirements for a Search Warrant

• It must be authorized by the proper official.

• It must be issued only for specifically authorized objects.

• It must be issued on probable cause.


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Search Warrant Affidavit

• Presents facts that the officer believes constitute probable cause to justify the issuance of a warrant.

• The affidavit tells the judge 3 things: What is being searched for Where the search is to

occur Why the search is to be

conducted


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The Warrant• Sets forth the same facts

out-lined in the affidavit: Reasons to request the

search Name of the officer

requesting the warrant Items to be seized Specific place to be

searched Signature of the issuing

judge

• Prior to signing, the affiant (the officer) must be certain that he or she is first sworn in by a judge.


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The Search Warrant Return• Name of the officer

serving the warrant

• The date the warrant was served

• An itemized list of all property seized

• The name of the owner of the place searched

• The signature of the officer who served the warrant

• The signature of the issuing judge


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Execution of the Warrant

• Once issued, the search warrant is basically an order by the court to execute it.

The officer has no choice but to do so.

• Execution guidelines may include: Authorization for a specific officer or class of officer

to execute Time limitations


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Anticipatory Search Warrants

• Based-on an affidavit showing probable cause to believe that at some future time a specific crime will occur at a specific place.

• “Triggering condition” United States v. Grubbs (2004)

• “…fair probability that contraband or evidence of a crime will be found in a particular place”

• Probably cause to believe that the triggering condition will occur


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Warrantless Searches

• Consent Searches When a suspect gives permission

• Searches under exigent circumstances Public safety or loss of important evidence

• Searches incident to lawful arrest Search of arrested suspect and the immediate area

around him or her

• Plain-view searches

• Automobile searches

• Open-field searches


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Sample Consent-to-Search Form


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Stop-and-Frisk Searches

• When a crime is suspected to be occurring

• To investigate suspicious circumstances “Reasonable suspicion”

• To make identification of a suspect

• Terry v. Ohio (1968)


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Field Interviews Versus “Consensual Encounters”

• Field interviews Are “seizures” of the person within the meaning of

the 4th Amendment• Therefore, “reasonable suspicion” applies

• “Consensual encounters” An officer may approach and ask a person

questions The individual must reasonably believe that they

were “free to leave” If, during that, evidence is discovered then it may

be admitted


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Factors Defining a Field Interview

• Interference with the suspect’s freedom of movement

• Number of officers and their behavior

• Physical contact with the suspect

• Retaining personal property of the suspect


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“Terry stop”—Pat-Down Searches

• Must be based-on reasonable suspicion

• The right to stop does not automatically give the officer a right to conduct a pat-down search

Certain factors may justify• Suspects behavior, number of suspects, time of day, etc.

• Pat-down is a limited search (“frisk”)


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Plain-View Doctrine

• Investigation or confiscation of evidence, without a warrant, based on what officers find in plain view and open to public inspection

• Three criteria: The officer must be present lawfully at the location

to be searched The item seized must have been found

inadvertently The item is contraband or would be useful as

evidence of a crime


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Automobile Searches

• Carroll Doctrine The right to search a vehicle does not depend on

the right to arrest the driver but on the premise that the contents of the vehicle contain evidence of a crime.

• Vehicle inventory search Officers may search a vehicle that is moving or

about to be moved, if there is probable cause that the vehicle contains items that are legally seizeable.


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Open-Field Searches

• Open fields are not protected by the Fourth Amendment.

• A person’s “reasonable expectation of privacy” under the Fourth Amendment does not apply.

• Curtilage is protected and is related to: The proximity of the area to the home Whether the area is within an enclosure

surrounding the home The nature and uses of the area The steps taken to conceal the area from public

view


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Phases of a Search

• Surveying the crime scene

• Documenting the crime scene through sketches and photographs

• Recording all physical evidence

• Searching for fingerprints


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Search Patterns

• Indoor crime scene searches

• Outdoor crime scene searches

• Nighttime crime scene searches

• Vehicle searches

• Body cavity (Strip) searches


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Search Patterns


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Searching the Scene

• Principle concern is to observe and document the scene rather than take action

• Rules for collecting evidence Collected in a comprehensive, nondestructive

manner, within a reasonable period, and with a minimum of unnecessary movement about

the scene.


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Gathering and Preserving Evidence

• Evidence collected must be consistent with each law enforcement agency’s policy and procedure and should be in keeping with the accepted rules of evidence.

• Chain of custody Total accounting of evidence by adhering to

guidelines• Limit number of evidence handlers• Document anyone who handles evidence and changes to

condition of the evidence


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Marking the Evidence

• Evidence has label with: Case number Exhibit number Date and time of seizure Name and description of articles Location at time of discovery Signature or initial of officer making the discovery Name or initial of others witnessing the discovery


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Method for the Proper Sealing of Crime Scene Evidence


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Special Cases in Evidence Handling

• Infected evidence• Hepatitis B• Firearms• Bullets, cartridges, and empty cases• Stains• Glass• Impressions• Drugs• Plant material• Powdered material• Liquid material• Tablets or capsules

prentice hall © 2008 pearson education inc. upper saddle river, new jersey 07458 1 criminal...

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