Crime Scene Follow-up Investigations
3 basic functions of evidence when offered in court
1) to prove or disprove a crime 2) to support or undermine other evidence 3) to help determine an appropriate sentence
A photo array should have a minimum of how many photographs?
6 photographs: 5 fillers with only 1 photo of the suspect
Follow-up investigation
A continuation of the initial investigation to determine if a crime occurred; however, it can also complete the investigation by identifying a suspect
What can you use to enhance lighting
A flashlight
Eyewitness
A person who can identify another person by sight as someone involved in a criminal proceeding
Independent Administrator
A person who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspect.
Live lineup
A procedure that displays a group of people to a victim or eyewitness so they can identify the perp of a crime and eliminate any suspects
photo lineup
A procedure that displays a photo array to a victim or eyewitness so they can identify the perp of a crime and eliminate any suspects
Documented confidential informant
A type of confidential source who an officer recruits and manages based on their agency guidelines
When should sketching a crime scene occur?
After photographing the scene and before you begin any detailed work
Elimination prints
Allow fingerprints analysts to distinguish between prints belonging to either the victims and witnesses or the possible suspects. To make this distinction, take fingerprints from anyone who may have been at the crime scene to eliminate their prints from the pool of suspects
Latent prints
Among the most valuable and common types of physical evidence at crime scene. Although generally invisible to the naked eye, these prints result from body residues left behind when the friction ridges of the hands or feet make contact with a surface
Example of Fruit of the Poisonous Tree Doctrine
An illegal interrogation leads to the discovery of a murder weapon, the court may exclude both the results of the interrogation and the weapon
Field contact
Any person an officer has contact with while on patrol such as a concerned citizen or an anonymous complainant with a sense of civic duty who does not necessarily generate an incident report
Document
Anything containing a mark to convey a message
Fruits of a crime
Are the objects obtained by the defendant because of committing a crime
Examples of documentary evidence
Bank records, medical records, or a certified copy of a driving history
Example of objectionable question
Based on your knowledge of the facts of this incident, would you say that Mr. And Mrs. Smith have a violent relationship?
Overall photos
Begin at the perimeter of the crime scene and take a series of shots by framing an all inclusive or four- corner view of the scene
Oblique lighting
Better known as side lighting. This technique uses the flashlight at a low angle to show details by creating shadows on the surface of the impression
Evidence of entry or exit might include...
Broken glass or pry marks around doorways
Visible evidence that can be present on a victim
Bruises, lacerations, broken bones, gunshot wounds, blood, and trace or transfer evidence
How should you attempt to locate the point of the suspect's entry and exit?
By visually inspecting the scene
Example of contraband
CSAM found on a computer is both contraband and evidence
One type of objectionable question_________
Calls for someone to make a conclusion. Answering this type of what job requires you to make a decision on an issue, which is the job of the jury or judge
Paint transfer
Can provide useful evidence in solving crimes such as a hit-and-run crash.
Examples of privileged communication
Communication between a sexual assault counselor and a sexual assault victim, and communication between a domestic violence advocate and a domestic violence victim
The crime scene log provides proof of...
Crime scene security and validated the evidence collected at a crime scene
After obtaining the suspect's full name, race, gender, and DOB, conduct criminal justice database searches on__________ to compile an accurate physical description of the suspect, address, or vehicle
DAVID and FCIC/NCIC
What does the appearance of prejudice do?
Destroys credibility
Criminal history check
Determines whether the suspect has fingerprints on file for comparison to any latent fingerprints found at the crime scene
2 broad types of evidence
Direct and indirect(or circumstantial)
When preparing for a pretrial meeting...
Discuss the case with the appropriate agency personnel, such as your supervisor, watch commander, or crime scene and evidence personnel
What should you do if you believe money you find at a scene is counterfeit?
Document this, and collect the money as evidence. Your agency will have a process for contending and sending the money to the secret service
Questioned documents evidence
Documents they need examination to verify that they could be evidence
What does the preliminary investigation focus on?
Establishing whether a criminal act has been committed and, if so, what type and when and where it was committed
There is a legal distinction between____ and ______
Evidence and proof
Transitory evidence
Evidence that can blow or wash away
Example of indirect evidence
Eyewitness testimony that the defendant entered the victim's home around the time of the crime
Who maintains a database of counterfeit currency with information?
FCIC/NCIC
True or false: the victim or eyewitness must acknowledge receiving the instructions before reviewing the photo array. If they refuse to sign the acknowledgment, document the refusal, and do not sign the acknowledgment yourself
False
True or false: when used in a photo lineup, a photo array is not an efficient tool to identify a suspect
False
True or false: when you find a cell phone at a crime scene, you may access the information contained in the cell phone even if you do not have consent from the owner or a search warrant
False
True or false: after you enter the scene to process evidence, determine if the location is public or private property
False (before you enter)
Rule of sequestration
Forbids anyone who will testify from discussing any aspect of a case with anyone but the involved attorneys. You are not permitted inside the court room or within hearing distance of the court room when other witnesses are giving testimony
Patent prints
Form from friction ridged or corrugated lines on fingers. Wet paint, blood, grease, ink, or dirt, transfers and makes these prints readily visible
Broadly, Crime Scene Photography moves from...
General to specific
Separating involved people will...
Help each one focus on what they saw or heard and maintain the interfaith of their statements
Capturing latent prints can...
Help identify the suspect(s) in the crime you are currently investigating, but can also help identify any part or future suspect(s) in other crimes
good faith exception doctrine
Holds that if you execute a search warrant that you believe to be valid, and a court later determines that the warrant has a legal error, the court may still admit any seized evidence
Fruit of the Poisonous Tree Doctrine
Holds that the court may exclude evidence from trial if the officer obtained it illegally
Trace evidence can inclue
Human hair, animal hair, textile fibers and fabric rope, feathers, soil, glass, and building materials
Example of photographic framing
In overall or midrange photography, overlap the photos to show the relationships of items in the crime scene
What do you do if you are I bake to arrest The wanted person?
Initiate a BOLO for the suspect, and pass any suspect information to the next shift and the appropriate department within your agency
What should you do if someone is not behind the crime scene tape?
Instruct people to move behind the crime scene tape, advising that refusal may result in arrest
When the independent administrator is presenting the photo array simultaneously, they will...
Instruct the victim or eyewitness to mark which photo is the suspect, and have the victim or eyewitness sign and date the array
Plastic print
Is a molded or embedded fingerprint created by touching an impressionable surface, such as fresh paint, wax, bar of soap, or mud that you can easily see
Testimonial Evidence
Is a witness statement that tends to prove or disprove facts about the case. It includes testimonies of LEOs, experts, and other witnesses
Contraband
Is any property that is illegal for a person to possess based on statute, ordinance, or rule
Evidence
Is anything that tends to prove or disprove the existence of a fact
Documentary evidence
Is anything written or printed that is offered to prove or disprove facts pertaining to the case
Photographic framing
Is composing the photograph so that it depicts what you are trying to document
Trace evidence
Is small quantities of material transferred from a victim or suspect to each other or to a crime scene
Crime scene
Is the location that a crime occurred; it is an area that contains evidence from the crime committed
Microanalysis
Is the process of analyzing trace evidence with a microscope to determine a possible source or origin
Purpose of an investigation
Is to determine what happened during an incident, identify and locate the suspect, and develop enough evidence to establish probable cause to make an arrest
Is it easier to reduce the size of a perimeter or enlarge it?
It is easier to reduce
How can a crime scene sketch help you?
It supplements your field notes and photographs and helps with report writing
When a showup is not a consideration or successful in identifying a suspect, a _______ should become a part of your follow-up investigation
Lineup
How do you begin a follow-up investigation?
Locate and review the records of the initial or preliminary investigation, and establish a case file as required by your agency
How should you look and dress if you are to appear at a trial or hearing before or after a shift?
Look professional and dress in uniform, or follow agency policies and procedures regarding appropriate dress for a court appearance
What should you do before conducting an investigation?
Make sure the crime occurred within your jurisdiction
modus operandi
Meaning mode of operating or MO, refers to how someone does something, usually repetitive in nature
Example of fruits of a crime
Money stolen by a bank robber
Do officers not assigned to the crime scene have access just be cause they are LEOs?
No
Can you use your personal cell phone when photographing?
No, use your agency digital camera with a flash
Showup
Occurs during the same time or soon after the incident occurred and near the incident or crime scene
Sequential presentation
Occurs when an independent administrator presents individual photographs to the victim or witness one at a time.
Standard camera flashes will project...
Only 9-12 ft
3 types of photos to take at a crime scene
Overall, midrange, and then close up
Why is testimonial evidence less reliable than physical evidence?
People perceive events differently, do not remember accurately, or lie
Confidential source
People who furnish police with information about crimes, primarily for personal benefit or advantage and rarely out of a sense of civic duty
Based on the circumstances, which type of evidence gets photographed first?
Perishable, transitory, and fragile evidence
When should you use oblique lighting?
Photographing shoe/tire impressions or tool marks
2 main types of information
Private records and public records
Direct evidence
Proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact
What do leads do?
Provide more information on a case that requires further investigation. It also creates avenues for follow-up and can come from many sources, such as, anonymous tips, confidential sources, social media, forensic analysis, surveillance footage, and victim and witness statements
Physical or real evidence
Refers to actual objects offered to prove or disprove facts about a case
Admissibility of evidence
Refers to the legal requirements you must meet before a jury can see or hear about the evidence
indirect or circumstantial evidence
Requires an inference or presumption to establish a fact
What to do if there are injured people at a scene
Responding officers may have to provide first aid. If you provide first aid, remember to use PPE
Riley v. California
Ruled that it is unconstitutional to search a cell phone without a search warrant unless there are officer safety concerns or exigent circumstances
When photographing specific items, such as blood droplets, weapons, or tire marks, place a _________ in the photograph with the evidence to establish the original positions and draw attention to relevant objects or evidence
Scale or identifier
Close-up photos
Show the detail of a specific item of evidence and must include a scale or identifier
Midrange photos
Show the relationship between the evidence items within the scene
Why should you use proper lighting?
So the photograph is neither too dark nor too light to see detail. It also avoids glare and flashback from a mirror or glass
What should you look for when securing the scene?
Sources of information about, and evidence of, the crime
What do you do if you hear an objection?
Stop speaking until the judge rules it
Examples for handling wet evidence
Such as items soaked with body fluids or living plant material, must be air-dried, packaged in breathable containers such as paper bags, or both.
Who will usually coordinate duties such as evidence collection, securing the scene perimeter, and other assignments? They will also assign shifts for officers, taking weather and staffing limitations into consideration
Supervisor or investigator
Example of instrumentalities
The crowbar used by a burglar to gain entry into the building
Admissibility of evidence protects...
The defendant's constitutional rights, guards jurors from being misled or confused, and can expedite a trial
What should the initial or preliminary report document?
The initial investigative steps taken at the scene
The size of the scene depends on...
The type of crime, the type of evidence, and the location of the evidence; for example a burglary may involve an entire apartment complex or just one apartment
Examples of perishable evidence
This type of evidence can include blood, footprints and tire impressions, or trace evidence such as hair or fibers.
Chain of custody
To document everyone who handled the evidence as well as when, why, and what changes, if any, were made to it
Why will a defense attorney try to build rapport with you?
To get as much information as possible and to lull you into a false sense of security. They may also try to lead you to say that you are an expert when that is not the case
Examples of physical or real evidence
Trace evidence, biological and touch DNA evidence, impression evidence, firearms evidence, electronic evidence, chemical, or toxicological evidence, and questioned documents evidence
True or false: Biological evidence at a scene may contain DNA. Consider all object at a crime scene as possible sources of DNA evidence
True
True or false: a larger crime scene also helps keep crowds away from the evidence
True
True or false: avoid using agency issued cell phone camera; the court may subpoena the information on your phone
True
True or false: consider all objects at a crime scene as possible sources of fingerprints
True
True or false: field contacts are common sources of information, developed through community policing, and can assist you in completing an investigation
True
True or false: never handle evidence with your bare hands
True
True or false: private records of privately owned businesses or organizations, including privately owned utilities, are not open to the public, including law enforcement, and require court orders to access them
True
True or false: when you find money at a crime scene, follow your agency's policies and procedures for handling it as evidence, and always be careful to avoid any appearance of impropriety.
True
True or false: crime scene perimeters should be larger rather than smaller
Trueb
Zone/quadrant search pattern
Used for vehicle searches, both indoors and outdoors, or a large area. Divide the area into four different sections and search each area using one of the other patterns.
What happens if wet evidence is packaged improperly?
Wet items will deteriorate to a point where they have no value as evidence
Can a person be a crime scene or part of a crime scene?
Yes
Do you have the authority to arrest any person who, after receiving a warning, crosses and area marked by crime scene tape?
Yes
If judge overrules objection________
You must answer the question
If the judge sustains the objection_______
You should not answer the question
Photo array
a selection of photographs compiled to show to a victim or eyewitness in a non-suggestive manner for the purpose of identifying a suspect
Fragile evidence
can include a bullet hole in glass held into place by a thin window tint.
Crime scene log
is a document that details the name, rank, and agency of each person entering or leaving the scene, the date and time of the person's entry or exit, and the reason the person was at the scene.
Public property
is for the use and enjoyment of the public and is open to the public.
Simultaneous presentation
occurs when the independent administrator presents a group of photographs to the victim or witness all at once, at the same time.
Grid search pattern
often used indoors, this is a variation of the strip/ line search pattern. Searchers overlap a series of lanes in a cross pattern, making the search more methodical and thorough.
What is the first event that should take place when documenting a crime scene?
photographing the scene
Spiral search pattern
usually used outside by one person. The searcher begins at a certain point and walks in increasingly larger circles to the outermost boundary of the search area.
Strip/line search pattern
usually used outside by several people. Divide the search area into lanes. Have one or more people search each lane by moving in both directions, examining all areas.
Types of trace evidence
• Hair • Fibers, clothing • paint chips, transfer evidence • glass • wood • soil, dirt
Types of biological evidence
• blood • semen • saliva • bones • teeth • body tissues • hair • touch DNA
Types of electronic evidence
• cell phones • thumb drives • laptops, notebooks, tablets, computers • smart home and security devices • external hard drives • digital cameras • CDs, DVDs, VHS tapes • answering machines, digital recording devices
Types of Questioned documents evidence
• checks • bank statements • address books • wire transfers • credit cards • phone bills • photographs or cameras • photo copies
Types of firearm evidence
• weapons • projectiles • gunshot residue • cartridge cases • took marks • database information
Instrumentalities
are the items used by the defendant to commit the crime.
Private property
belongs to an individual and is not open to the public.