Crime Scene to Courtroom, Chapter 8, Law Enforcement Academy
Crime scene sketch
This supplements your field notes and photos and helps with report writing. They aid in the reconstruction, explanation, and permanent recording of an incident. They can show relative positions of objects within the crime scene that are not easily visible in photos. Use these during interviews with witnesses, victims, and suspects to correlate testimony. These are usually admissible in court.
Fragile evidence
This type of evidence can include a bullet hole in glass held into place by a thin window tint. This type of evidence should be photographed first.
Examples of perishable evidence
This type of evidence can include blood, footprints and tire impressions, or trace evidence such as hair or fibers.
Biological evidence
This type of evidence left at a crime scene may contain DNA.
Public records
This type of information of government entities and publicly owned utilities are records that, with few exceptions, you may access on demand. This type of information from from federal, state, county, and city databases can provide additional information regarding the suspect's address, employment information, and other essential facts.
Private records
This type of information 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
Bond hearing
This will determine if the defendant is eligible to bond out and the amount of the bond based upon the defendant's criminal history, offense, and flight risk.
Camera policy
Use your agency digital camera with a flash. Avoid using a cell phone camera; the phone may be impounded. Include a scale, ruler, or identifier in each close-up photo you take. You can use a flashlight for extra lighting.
Zone/quadrant search pattern
Used for vehicle searches, outdoors, or a large area. Divide the area into four different sections and search each using one of the patterns above.
Spiral search patterns
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 patterns
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.
Standard camera flashes
Will only project nine to twelve feet. Consider flood lighting with a flashlight or using your vehicle spotlight or headlights for more than a twelve foot distance.
Follow-up investigation
Can include contacting witnesses, victims, and suspects, reviewing evidence, locating additional evidence, and writing a capias request, arrest affidavit, or arrest warrant. It gathers information after the initial report to establish a case. To begin, locate and review the records of the incident. Compare the list of victims, witnesses, and suspects with the case information to ensure its accuracy; review listed evidence; and determine if there is evidence that has not yet been located or analyzed.
Paint transfer
Can provide useful evidence in solving crimes such as a hit-and-run crash. Samples may show that paint at the scene and on the suspect's vehicle came from a common source
Fiber analysis
Can reveal the manufacturer and other information about the source item.
Admissible evidence
Chapter 90 identifies this as relevant evidence tending to prove or disprove an important fact, with numerous exceptions specified. The state attorney will also want to know if you properly maintained the physical evidnece through a legally defensible chain of custody and through required documentation.
Additional information to include in a sketch
Compass direction, relevant items of physical evidence along with the location of these items, and a legend of the symbols used to identify objects or points of interest on the sketch.
Physical Evidence
Consists of objects or perishable evidence such as fingerprints, blood, or tire tracks. When you correctly identify, protect, collect, preserve, transport, and analyze the this type of evidence, it cannot deliver false results.
United States Secret Service
Contact them if you suspect money is counterfeit. They maintain a database of counterfeit currency with information such as suspects under investigation; any information that may lead to the apprehension of the counterfeiters; and the denomination, serial number, and location that the suspect passed or transacted the money.
Biological specimens
Could be blood, saliva, urine, semen, perspiration, vaginal secretions, feces, or vomit; you may find this evidence at murder, aggravated battery, sexual assault, hit-and-run, and burglary scenes. The most common examples of these include blood, seminal fluid, or saliva
Chain of custody
A documentation of everyone who handled the evidence as well as when, why, and what changes, if any, were made to it. This documentation proves the evidence submitted in court is the same evidence you collected at the crime scene.
Canvass
A door-to-door inquiry of all possible sources of information in a given area. As you go door-to-door to residents and businesses do not reveal the details of the crime, just ask about what that person remembers around the time of the crime.
Plastic print
A molded fingerprint created by touching an impressionable surface, such as wet paint or mud that you can easily see.
Crime scene analyst
Determines what evidence at the scene belongs to the criminal and not to the victims or witnesses.
In your field notes
Document all witnesses, victims, complainants, and suspects present by writing their names, DOB, addresses, sexes, races, and telephone numbers
Photographing the crime scene
Doing this allows the court and jury to obtain an accurate understanding of how it looked on the day you responded. Doing this is the first event that should take place before any detailed crime scene work begins.
Pie/wheel search pattern
Entails dividing the area into a number of wedge-shaped sections, which are usually searched using the strip/line search pattern. Use this method for extremely large search areas.
Testimonial Evidence
Evidence gathered from witnesses. It is generally less reliable than physical evidence because people perceive events differently, do not remember accurately, or lie
Electronic evidence
Examples of this evidence include: tablets, laptops, desktops, thumb drives, external drives, network systems, removable disks, tapes, digital cameras, and other data storage equipment. The recovery process is a complex task that requires highly specialized training. For searching purposes, Riley v. California, 2014 states that you need a search warrant to access information on a cell phone.
Preliminary investigation
Focuses on establishing whether a criminal act has been committed and, if so, what type and when and where it was committed. From the report, you should be able to recreate the initial investigative steps taken at the crime scene.
Moving surveillance
Following a person of interest on foot or in a police vehicle. It requires a safe distance, more than one police officer, more than one police vehicle , and a coordinated approach, none of which can draw undue attention to the officers' presence. A drive-by at a specific location involves an officer behaving as though passing by this area is just a part of a normal driving routine.
f.s. 914.15 s.
Gives law enforcement officers the legal right not to answer personal questions about their spouses, children, residential address, phone number, or any information not related to the case, unless directed to by a judge
Modus operandi
How someone does something, usually repetitive in nature People are creatures of habit. If something works one time, they tend to think it should work the next time.
Separating involved parties
If separate rooms are not available, people can be isolated within one large room by placing them on opposite sides of the room with their backs to each other. Ensure there is enough distance between them so that they cannot have physical contact. Another possible controlled area is inside a patrol car. Separating families during a crisis might make a bad situation worse.
Pretrial meeting
In some circuits, a state attorney will request this with the victims, witnesses, and the arresting officer. Notification may come by phone or subpoena. The purpose of this is to give the state attorney an opportunity to clarify facts of the case and deal with any inconsistencies.
When submitting photographs
Include the case number, location, date and time, and your name
Electronic surveillance
Involves monitoring a person of interest through tracking devices like phones or credit car use, which typically requires a court order.
Stationary surveillance
Involves parking your vehicle some distance away in a location that allows an approach to the area on foot in a covert manner.
Photographic framing
Is composing the photograph so that it depicts what you are trying to document
Transitory evidence
Is evidence that can blow or wash away
Elimination prints
Allow fingerprint analysts to distinguish between prints belonging to either the victims and witnesses or the possible suspects. To make this distinction, take inked fingerprints from innocent parties, who may have been at the crime scene, in order to eliminate their prints from the scene.
Independent administrator
An officer who administers a photo array, has no knowledge of the suspect information, and will carefully avoid any behavior that might influence, directly or indirectly, a victim's or a witness' decision.
Evidence
Anything that tends to prove or disprove an alleged fact. You will collect two types of this at a crime scene.
Trial
Is the examination of facts and related law presided over by a judge or other magistrate who has the authority or jurisdiction to hear the matter. The defendant selects to have this done by judge or jury. The defendant can present a case, follow with a possible rebuttal of evidence, and then finish with a final statement.
Bird's-eye view
Is the most common method of sketching
Triangulation
Is the most common method of surveying objects within the crime scene. This method measures objects from at least two fixed points, forming a triangle.
Visible evidence
It can include bruises, lacerations, broken bones, gunshot wounds, and trace or transfer evidence. A suspect does not have the right to refuse photographing this.
Leads
May be physical evidence, further suspect information, witness statements, anonymous tips, and information gained while interviewing and processing existing information. It is valuable when it confirms or disproves the physical evidence, statements, or confessions.
Blood evidence
May include blood pooled on the floor, a wet or dried stain on upholstery or carpet, or a sample collected from the victim or the suspect after the incident; experts can analyze the direction of blood spray or spatter to determine the type of weapon, the direction of the attack, and the relative size of the attacker.
Latent prints
Are among the most valuable and common types of physical evidence at a crime scene; they are generally invisible to the naked eye, latent prints result from body residues left behind when the friction ridges of the hands or feet make contact with a surface. The most common way to process these fingerprints is by dusting them with one of several types of powder, which develops the print and makes it visible
Confidential informants
Are people who furnish police with information about crimes, primarily for personal benefit or advantage, and rarely out of a sense of civic duty. These people receive compensation for information. Motivation factors that entices them would be gratitude, competition, revenge, jealousy, repentance, fear, vanity, civic-mindedness, avoidance of punishment, and monetary or other material gain.
Patent prints
Are transferred from the friction ridges or the corrugated lines on fingers by a foreign substance, like blood, paint, or dirt, and are readily visible
Crime laboratory
Can analyze the glass pieces and compare characteristics, such as color, density, thickness, and type of glass to match and identify its origin. Can also test for the presence of blood and if it is of human origin
Photographic array
Can be more efficient than a live line-up because the agency can reprint existing photos. These can increase the possibility that an adequate number of similar photos are available for identification. It should have a minimum of 6 photos. Each photo should be of people with physical characteristics similar to those of the suspect and formatted alike. Use a minimum of 5 filler photos.
A property receipt
Can be written or electronic, typically records the chain of custody. Florida Statute s. 918.13 states that it is a felony to alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its truth or availability in a criminal trial or investigation.
Testimony
May take place in an attorney's office, in the judge's chambers, or on the witness stand
Simultaneous presentation
Occurs when an independent administrator presents a group of photos to the victim or witness all at once, at the same time. Number all photos and instruct the victim to mark which photo is the suspect, and sign and date the array. Obtain a sworn statement.
Sequential presentation
Occurs when an independent administrator presents individual photos to the victim or witness one at a time. Number all photos, instruct the victim to mark all of the photos with either "identification" or "non-identification." Obtain a sworn statement.
Show-up
Occurs when an officer presents a victim or witness with a single suspect for identification, during the same time as the initial investigation. Use this in an immediate situation for an immediate arrest. These are suggestive by nature
Suppression hearing
Occurs when the defense files a motion to suppress or to exclude certain testimony or evidence from the trial, alleging that your actions were improper and violated their client's rights. This usually occurs before the trial. The judge will call you to testify to your actions related to the stop, detention, arrest, search, seizure, statements, confessions, or evidence that the defense is trying to suppress.
An investigation
Occurs when you make detailed and systematic inquiries or observations. It begins when you arrive at the scene of a reported crime. It usually ends when you file the initial report, turn the matter over to a detective or investigator, or testify in court.
Deposition
Officers may receive a subpoena or notice to provide a sworn testimony regarding the facts of the case to one of the attorneys prior to the trial. This is the attorneys' chance to assess the case further and document your verbal testimony before a trial or hearing. The judge will not be present during this process.
Attendance for first appearance
Officers usually do not need to attend this unless a state attorney requests it. Plan to attend if there is a need to clarify or supplement the affidavit.
Grid search pattern
Often used indoors; 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
Conducting surveillance
On a subject can continue the information gathering process begun during the preliminary investigation. There are several way to perform surveillance on a suspect's location: moving, stationary, and electronic
Scale or identifier
Place this in the photograph with the evidence to establish the original positions and draw attention to relevant objects or evidence for photographing or sketching. Use this to illustrate size and other valuable information relevant to the scene.
Crime scene log
Provides proof of security and validates the evidence collected at a crime scene; if evidence is contaminated or altered in any way, document the incident in the contamination list or your report. Include information about the original condition of the evidence and the events leading to its damage or destruction.
Two main types of information
Public records and private records
Preparing for testimony
Review the case files, including all supplemental reports, photos, and information of the evidence and chain of custody.
Rule of sequestration
Rule created by a judge that forbids all witnesses from discussing any aspect of a case with anyone but the involved attorneys.
Firearms evidence
Secure the weapon, clear it, dislodge the magazine and ammo, examine the weapon to identify the manufacturer, country of origin, serial number, model number, and caliber, place the weapon in a evidence box with the ammo and magazine in a separate container, run it through NCIC/FCIC, and conduct an eTrace database search through ATF to determine the original owner of the firearm or the firearms dealer.
Details in the crime scene log
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
Investigation
The process of making detailed and systematic inquiries and observations about a criminal complaint. The purpose of it is to recreate what happened during the incident, identify and locate the suspect, and develop enough evidence to establish probable cause to make an arrest.
Microanalysis
The process of microscopically analyzing trace evidence, such as paint, glass, and cloth fibers, to determine a possible source or origin. It can identify and compare other materials such as textile fibers, plastics, duct tape, lamp filaments, and fractured, torn or cut items.
Photographic line-up
The process of showing a photo array to a victim or witness, one at a time, to allow for the identification or elimination of suspects
Hearsay
The rules of evidence in a first appearance hearing are more relaxed, so this type of evidence is admissible in first appearance hearings that determine probable cause and bond.
Field contact
These are common sources of information and can assist you in solving a crime and completing an investigation. It is any person an officer has contact with while on patrol - such as concerned citizens or an anonymous complainant with a sense of civic duty - who does not necessarily generate an incident report. They are instrumental to solving a case
Evidence markers
These help to document the relative positions of evidence items in the crime scene. Place these next to each piece of evidence within the crime scene after initially photographing the scene and developing your initial sketch.
Close-up shots
These show the details of a specific item of evidence and must include a scale or identifier.
Midrange view shots
These show the relationship between the evidence items within the scene.
Juvenile records
These types of arrests and incidents with law enforcement are restricted from the public by Florida law. Law enforcement can access these types of records, but there may be limits to how you may use that information
"Please certify the question"
This answer to an improper questions requires the attorney to present the question to a judge who may decide to order an answer to the question
Diagramming the crime scene
This is the second event that should take place after photographing the scene and before any detailed work begins
First appearance hearing
This must occur within 24 hours of the arrest; the judge appoints counsel if the defendant qualifies and desires it. The judge reviews the probable cause affidavit and other information to decide if probable cause exists that the defendant committed the alleged offense.
Sentencing hearing
This occurs after a trial, unless the defendant accepts a plea of guilt or nolo contendere. During this process, both the defense and the prosecution have an opportunity to present evidence and testimony to recommend an appropriate sentence to the judge. The officer's role is to provide the court with a complete picture of the defendant's actions, and the impact on the victim and society.
Primary officer or investigator
This person will designate one point of entry and exit, and will assign an officer to maintain a crime scene log at that location
Supervisor or investigator
This person 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.
Toxicological evidence
This section of a lab analyzes samples of blood, to determine chemical and alcohol content, and urine, to detect chemical content. These cases usually result from investigations of DUI, sexual assault, and death. It also analyzes alcoholic beverages for suspected chemicals, such as date-rape drugs or alcohol levels.
Chemical evidence
This section of the lab analyzes substances to determine the presence or absence of any controlled substance.
Objectionable questions
- One type calls for someone to make a conclusion - They may prompt you to give answers that have no direct relation to or bearing on the facts - Some may go beyond the proper scope of questions, have nothing to do with the case