Upload
marvin-oneal
View
216
Download
0
Embed Size (px)
Citation preview
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
1
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
UNIT 8: THINK
•Critical Thinking
•Skill Development
•Analyzing Information
•Problem Solving
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
2
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
UNIT 8: TO DO LIST
Discussion Board
CORNERSTONE – CHAPTER 9
Weekly Seminar
Quiz
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
3
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Critical Thinking
Think about something from different angles
Formulate thoughts and ideas
Use facts and credible research
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
4
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Characteristics of Critical Thinkers
Open-minded ObjectiveSeek the truthUse Credible Sources
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
5
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Ask Questions!
Make decisionsBe willing to changeQuestion thingsBe skepticalResearch
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
6
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
A plan for critical thinking
Restrain emotionsAnalyze InformationAsk QuestionsDistinguish fact from opinion
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
7
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Control your emotions!
Child AbuseDrunk DrivingDomestic ViolenceDeath PenaltyPolitics
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
8
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
What steps can you take to look at an issue or situation differently?
Student responsesIn the workplace
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
9
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Considering Alternate Points of View
•Discussion boards•Listen; don’t judge•Research
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
10
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Problem Solving
ID the ProblemResearchDevelop AlternativesEvaluate AlternativesSolve the Problem
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
11
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Evaluating Alternatives
BrainstormWrite it downPositive AnglesNegative AnglesSeek Advice
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
12
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Fact vs. Opinion
•How can I tell the difference???
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
13
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
FACT VS. OPINION
•Media•Opinions that are repeated over time•Research and evaluate•Critical thinking!
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
14
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Unit Reflection
•Credible and Reliable Sources•Fact vs. Opinion•Flexible Thinking•Emotional Restraint•Avoid Generalizations•Be Objective•Don’t Assume•Ask Questions
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
15
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
UNLOCKING THE KEYS TO SUCCESS
EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
16
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
See you next week!
Continue working on your final project!
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
17
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Search and Seizure
Chapter 4
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
18
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Introduction
Of paramount importance in criminal investigations is the officer’s ability to be aware of and work within constitutional and departmental guidelines.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
19
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
20
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
• 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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
21
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
22
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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)
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
23
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
24
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
25
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
26
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
27
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
28
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
29
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
30
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
31
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
32
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
33
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Sample Consent-to-Search Form
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
34
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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)
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
35
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
36
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
37
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
“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”)
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
38
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
39
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
40
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
41
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Phases of a Search
• Surveying the crime scene
• Documenting the crime scene through sketches and photographs
• Recording all physical evidence
• Searching for fingerprints
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
42
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Search Patterns
• Indoor crime scene searches
• Outdoor crime scene searches
• Nighttime crime scene searches
• Vehicle searches
• Body cavity (Strip) searches
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
43
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Search Patterns
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
44
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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.
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
45
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
46
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
47
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
Method for the Proper Sealing of Crime Scene Evidence
PRENTICE HALL© 2008 Pearson Education Inc.Upper Saddle River, New Jersey 07458
48
CRIMINAL INVESTIGATIONThe Art and the Science, 5/eBy Michael D. Lyman
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