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Criminal Investigation Criminal Investigation Unit 4 Lecture Unit 4 Lecture Surveillance and Surveillance and Constitutional Issues Constitutional Issues Instructor: Joe Yocum

Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

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Page 1: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Criminal InvestigationCriminal InvestigationUnit 4 LectureUnit 4 Lecture

Surveillance and Constitutional Issues Surveillance and Constitutional Issues

Instructor:Joe Yocum

Page 2: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Attention - Please Attention - Please Remember!Remember!

No Seminar Next Week!“Midterm Week”

I Will Hold Regular Office Hours

Page 3: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Midterm Essay ExamMidterm Essay Exam(Due by the end of (Due by the end of Unit 5 Unit 5 – 3/8/2011)– 3/8/2011)

Respond to each of the following four questions with detailed insightful responses based primarily on the course text and supported by other relevant, academically reliable sources if appropriate:

Page 4: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Midterm Essay ExamMidterm Essay Exam(Due by the end of (Due by the end of Unit 5 Unit 5 – 3/8/2011)– 3/8/2011)

What are methods of inquiry and how are they used in criminal investigation? What is the optimal mindset of an investigator and how are the concepts associated with the optimal mindset of an investigator manifest? What is the scientific method and how is it applied to criminal investigation by criminal investigators? Discuss four important sources of information for criminal investigators and provide detailed practical examples of each source listed.

Page 5: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Midterm Essay ExamMidterm Essay Exam(Due by the end of (Due by the end of Unit 5 Unit 5 – 3/8/2011)– 3/8/2011)

In addition to fulfilling the specifics of the assignment, a successful paper must also meet the following criteria:

Each response should be at least one paragraph (6-8 sentences) in length.Each response should include practical examples that demonstrate a practical understanding of the questions posed..

Page 6: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Midterm Essay ExamMidterm Essay Exam(Due by the end of (Due by the end of Unit 5 Unit 5 – 3/8/2010)– 3/8/2010)

Directions for Submitting Your Project:  Compose your paper in Microsoft Word and save it in the following format:

Last name First name Assignment. (Example: SmithJohn Unit 5 Midterm).

Submit your assignment by selecting the Unit 5 Midterm Essay Exam

in the Dropbox window. Be sure to submit your essay by March 8, 2011.

Page 7: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Chapter 9Chapter 9

Surveillance:Surveillance:A Fact-Finding ToolA Fact-Finding Tool—Legality and Practice—Legality and Practice

Osterburg & Ward, 2007

Page 8: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Fixed SurveillanceFixed Surveillance• surveillant remains in fixed locationsurveillant remains in fixed location

Moving SurveillanceMoving Surveillance• subject moves about and surveillance followssubject moves about and surveillance follows

Technical SurveillanceTechnical Surveillance• involves electronic eavesdropping device involves electronic eavesdropping device

and/or optical devicesand/or optical devices

Kinds of Surveillance

Osterburg & Ward, 2007

Page 9: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

WiretapsWiretaps Bugs, pen registers, beepersBugs, pen registers, beepers

• Monitoring conversationsMonitoring conversations

• Monitoring telephone usageMonitoring telephone usage

• Monitoring movements of vehicles Monitoring movements of vehicles and items of commerceand items of commerce

Visual enhancement devicesVisual enhancement devices

Technical Surveillance Techniques

Osterburg & Ward, 2007

Page 10: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Safety and Security MeasuresSafety and Security Measures Position vehicle to enable a rapid response to assist others if Position vehicle to enable a rapid response to assist others if

needed.needed.

Ensure vehicle has emergency equipment lights, siren, and first-Ensure vehicle has emergency equipment lights, siren, and first-aid kit.aid kit.

Keep identification, weapon, and ballistic vest accessible.Keep identification, weapon, and ballistic vest accessible.

Know and use challenge, password, and other appropriate safety Know and use challenge, password, and other appropriate safety measures to prevent friendly fire situation from developing.measures to prevent friendly fire situation from developing.

When leaving a vehicle to go on foot surveillance, fully secure When leaving a vehicle to go on foot surveillance, fully secure the vehicle and equipment inside.the vehicle and equipment inside.

http://www.fbi.gov/publications/leb/2004/may2004/may04leb.htm (Accessed 3/23/10) (Accessed 3/23/10)

Page 11: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Chapter 10Chapter 10

Eyewitness Identification:Eyewitness Identification: Guidelines and ProceduresGuidelines and Procedures

Osterburg & Ward, 2007

Page 12: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Use random number of photographs Use random number of photographs (6 or more)(6 or more)

Do not give clues to witnessesDo not give clues to witnesses Allow only one witness at a time to viewAllow only one witness at a time to view Do not allow witnesses to communicate Do not allow witnesses to communicate

with one anotherwith one another Conduct lineup after positive identification Conduct lineup after positive identification

is madeis made Make record of all photos shown to witnessesMake record of all photos shown to witnesses

Using the Rogues Gallery

Osterburg & Ward, 2007

Page 13: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Photo ArrayPhoto Array

Page 14: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Photo ArrayPhoto Array

Page 15: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Witness must have adequate opportunity Witness must have adequate opportunity to observe the crimeto observe the crime

Witness must have the capacity to observe the Witness must have the capacity to observe the suspect commit the crimesuspect commit the crime

Witness must be sufficiently attentive Witness must be sufficiently attentive to the actions of the suspectto the actions of the suspect

Identification must be completely the Identification must be completely the result of the witness’s own memoryresult of the witness’s own memory

Eyewitness Identifications:Court Requirements

Osterburg & Ward, 2007

Page 16: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Composite DrawingsComposite Drawings

In 1993 a bicyclist in Riverside Park in In 1993 a bicyclist in Riverside Park in Manhattan discovered a suitcase Manhattan discovered a suitcase containing the body of a young female. containing the body of a young female. Two days prior to that, a witness had Two days prior to that, a witness had observed a local homeless man and observed a local homeless man and another male dragging a shopping cart another male dragging a shopping cart containing a suitcase towards the park. containing a suitcase towards the park. She found it rather strange and got a She found it rather strange and got a good look at the male that accompanied good look at the male that accompanied the homeless male. The witness was the homeless male. The witness was taken to Police Headquarters where a taken to Police Headquarters where a composite drawing of this male was made composite drawing of this male was made with one of NYPD's more experienced with one of NYPD's more experienced artists. Several days later the male was artists. Several days later the male was arrested and charged for the homicide. arrested and charged for the homicide. He was subsequently convicted.He was subsequently convicted.

http://www.homicidesquad.com/identification_tools.htmhttp://www.homicidesquad.com/identification_tools.htm

Page 17: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Composite DrawingsComposite Drawings

http://www.homicidesquad.com/identification_tools.htmhttp://www.homicidesquad.com/identification_tools.htm

David Berkowitz (Son Of Sam, 1976).   The attacks occurred during the evening to early morning hours where darkness hinders identifications. The identification of a perpetrator can be tough, a composite sketch maybe even tougher for both witnesses and artist.

Page 18: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Computer-Generated Computer-Generated Composites Composites

http://www.identikit.net

Page 19: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Key TermsKey Terms

Loose Surveillance: Loose Surveillance: A cautious surveillance; also termed discreet surveillance A cautious surveillance; also termed discreet surveillance

because the loss of the subject is preferred over possible because the loss of the subject is preferred over possible exposure. exposure.

Obtaining information about a subject through tailing Obtaining information about a subject through tailing his or her associates when there is reason to believe his or her associates when there is reason to believe the subject suspects there is a surveillance. the subject suspects there is a surveillance.

A burglary gang “casing” banks to select their next A burglary gang “casing” banks to select their next job.job.

Shadow:Shadow: To follow secretly; place a person under To follow secretly; place a person under

surveillancesurveillance

Osterburg & Ward, 2007Osterburg & Ward, 2007

Page 20: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Key TermsKey Terms

Pen Register: Pen Register: A device that records all A device that records all numbersnumbers

dialed on a telephone; it is generally dialed on a telephone; it is generally installed at the telephones installed at the telephones company’s central officecompany’s central office

Neither overhears conversations nor Neither overhears conversations nor indicates whether a call was indicates whether a call was completedcompleted

Page 21: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Key TermsKey Terms Identi-KitIdenti-Kit- - A powerful investigative tool that A powerful investigative tool that

creates accurate photo realistic facial composite creates accurate photo realistic facial composite sketches based on verbal descriptions provided by sketches based on verbal descriptions provided by a witness or victim. Make customized wanted a witness or victim. Make customized wanted posters, transmit the composite sketch via the posters, transmit the composite sketch via the web, email or fax, or export the composite sketch web, email or fax, or export the composite sketch to other imaging programs. Identi-Kitto other imaging programs. Identi-Kit®® facial facial composite software is available on CD or the composite software is available on CD or the internet as a hosted application. internet as a hosted application. http://www.identikit.net/http://www.identikit.net/

Composite Images- Composite Images- An image of a An image of a suspect produced by an artist or kit using witness suspect produced by an artist or kit using witness descriptions descriptions

Osterburg & Ward, 2007Osterburg & Ward, 2007

Page 22: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Lightening Round ???Lightening Round ???

Page 23: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

T/F T/F Each response in the Midterm Exam Each response in the Midterm Exam should be at least one paragraph (6-8 should be at least one paragraph (6-8 sentences) in length?sentences) in length?

T/F T/F Each response should include practical Each response should include practical examples that demonstrate a practical examples that demonstrate a practical understanding of the questions posed?understanding of the questions posed?

Review Questions

Page 24: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

T/F T/F During moving or mobile surveillance, it’s During moving or mobile surveillance, it’s okay to run red lights and speed since you’ll okay to run red lights and speed since you’ll be driving an undercover car and you’re be driving an undercover car and you’re immune from prosecution since you are the immune from prosecution since you are the police?police?

What is the term used to describe an What is the term used to describe an assembly of photographs consisting of assembly of photographs consisting of individuals with similar characteristics as individuals with similar characteristics as those of the suspect in the case you’re those of the suspect in the case you’re investigating?investigating?

Review Questions

Page 25: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Describe one court requirement relating to Describe one court requirement relating to eyewitness identification of a suspect.eyewitness identification of a suspect.

What is a composite drawing and what useful What is a composite drawing and what useful purpose does it serve in an investigation?purpose does it serve in an investigation?

What is the term used to describe an in What is the term used to describe an in person assembly of individuals with similar person assembly of individuals with similar characteristics as those of the suspect in the characteristics as those of the suspect in the case you’re investigating?case you’re investigating?

Review Questions

Page 26: Criminal Investigation Unit 4 Lecture Surveillance and Constitutional Issues Instructor: Joe Yocum

Discussion Board participationDiscussion Board participation

Unit 4 QuizUnit 4 Quiz

Begin work on Midterm Essay questionsBegin work on Midterm Essay questions

Review Unit 1-4 assignments and ensure all Review Unit 1-4 assignments and ensure all components are completed by the end of components are completed by the end of Unit 5 (March 8, 2011)Unit 5 (March 8, 2011)

Questions?Questions?

Assignment