Preliminary Investigation

1
Chapter 2
2
(No Transcript)
3
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
4
(No Transcript)
5
Preliminary
6
Preliminary
Investigation
7
(No Transcript)
8
Fact gathering activitiesat the scene of a crime
Definition
Q 1
9
May be the prelude to anin-depthinvestigation
10
May be the prelude to anin-depthinvestigation
Q 36
11
The initial response provides....
12
Foundation fora CriminalCase
The initial response provides....
13
Foundation fora CriminalCase
The initial response provides....
14
Foundation fora CriminalCase
The initial response provides....
15
Preliminary Investigation

• Partnership
• of Patrol Officers and Detectives

Q 37
16
The Crime Scene

• Focus of the preliminary investigation
• Need to create a LIST of things to do upon
  arriving at scene

17
First responsibility...

• Protect scene
• Preserve evidence
• Public safety

Q 7, 38
18
Determine First..

• Any needed
• Medical
• Treatment

19
Determine if.

• If a crime has occurred

20
Determine if.

• If a crime has occurred

If it has....
21
Determine if.

• If a crime has occurred

If it has....
Q 2, 3
22
If a Crime Occurs.

• Do visual inspection
• Interview victims and witnesses
• Call for assistance
• Develop a plan of action

Q 8, 32, 39
23
If a crime occurs

• Quick thinking

24
If a crime occurs

• Quick thinking

25
If a crime occurs

• Quick thinking

26
If a crime occurs

• Quick thinking

27
If a crime occurs

• Quick thinking

Good Judgement
Q 33
28
If a crime occurs

• Need to make split second decisions
• Emergency medical assistance

Q 40, 41
29
A Dying Declaration

• Statement by a victim in anticipation of death
• Admissible as evidence

30
(No Transcript)
31
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
32
Suspect I.D.

• Officers may see suspect
• Victims and witnesses I.D.

Q 45
33
Suspect I.D.

• M.O. ? (Modus Operandi)
• Broadcast Description

Q 17, 44
34
Suspect I.D.
Every characteristic or feature can be used to
eliminate the innocent, or pinpoint the guilty
Q 43
35
Suspect I.D.
Witnesses sometimes
Exaggerate descriptions
36
Suspect I.D.
Witnesses sometimes
Become agitated, cant think clearly
37
Suspect I.D.
Witnesses sometimes
Make mistakes in I.D.
38
Suspect I.D.
Hence the use of Comparison Descriptions
Similarities between suspect and a known person
39
Suspect I.D.
Hence the use of Comparison Descriptions
Differences between suspect and a known person
40
Suspect I.D.

• A composite description

I.D.
Obtained by compiling separate, slightly varying
descriptions into a whole
41
Suspect I.D.

• A composite description

I.D.
Race
42
Suspect I.D.

• A composite description

I.D.
Race
Age
43
Suspect I.D.

• A composite description

I.D.
Race
Age
Sex
44
Suspect I.D.

• A composite description

I.D.
Height
45
Suspect I.D.

• A composite description

I.D.
Height
Weight
46
Suspect I.D.

• A composite description

I.D.
Height
Weight
Build
47
Suspect I.D.

• Compare height with doorway or object in room

48
Suspect I.D.

• Compare height with doorway or object in room

49
Suspect I.D.

• Compare height with doorway or object in room

50
Suspect I.D.

• Example Rulers on doorways of convenience
  stores

51
Suspect I.D.

• A composite description

Basic Features Peculiarities
Graphic
52
Q 24
53
Suspect I.D.

• A composite description

Clothing Jewelry
Q 9
54
The crossing of jurisdiction lines to chase a
suspect.
55
The crossing of jurisdiction lines to chase a
suspect.
56
The crossing of jurisdiction lines to chase a
suspect.
57
The crossing of jurisdiction lines to chase a
suspect.
58
The crossing of jurisdiction lines to chase a
suspect.
59
Apprehend the Suspect!

• Must

Only 21 of all crimes reported are cleared by....
Q 42
60
Apprehend the Suspect!

• Must act

Only 21 of all crimes reported are cleared by....
61
Apprehend the Suspect!

• Must act

immediately
Only 21 of all crimes reported are cleared by....
62
Apprehend the Suspect!

• Must act

immediately
Only 21 of all crimes reported are cleared by....
63
Apprehend the Suspect!

• Must act

immediately
Only 21 of all crimes reported are cleared by....
Arrest
64
MIRANDA
65
MIRANDA
Q 19
66
MIRANDA
Two Things That Trigger Miranda

• Custody
• Interrogation

Q 31
67
MIRANDA
Custody
Deprived of liberty, suspect feels unable to leave
68
MIRANDA
Interrogation
To change from an interview or questioning...
69
MIRANDA
Interrogation
To a focus on a particular suspect
70
(No Transcript)
71
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
72
Lets Discuss
73
When to Give Miranda
74
The Scene

• A Vehicle has been stopped for a broken
  taillight.

75
The Scene

• A Vehicle has been stopped for a broken
  taillight.

76
The Scene

• A Vehicle has been stopped for a broken
  taillight.

77
The Scene

• A Vehicle has been stopped for a broken
  taillight.

78
The Scene

• A Vehicle has been stopped for a broken
  taillight.

79
The Scene

• A Vehicle has been stopped for a broken
  taillight.

80

• Officer smells marijuana smoke in the car

81

• Driver and passenger are arrested, and placed in
  the back seat of the police car

82
On the way to the station house, one of the
suspects begins screaming
83
On the way to the station house, one of the
suspects begins screaming
84
On the way to the station house, one of the
suspects begins screaming
85
Drivers Statement
Why did you throw that joint out the window! It
was good stuff.
86
Drivers Statement
Why did you throw that joint out the window! It
was good stuff.
87
Drivers Statement
88
Drivers Statement
I just bought it from Johnny-O for 20 bucks.
You owe me one!
89
Just a Couple Questions, Please
Do the officers in the police car have to stop
the suspects conversation and give the Miranda
warning? Why or why not?
90
Just a Couple Questions, Please
Are the officers allowed to use the discussion as
a basis for charging the suspects with a
crime? Why or why not?
91
(No Transcript)
92
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
93
Gathering Evidence
Items are evidence if they
Offer clues to suspect
94
Gathering Evidence
Items are evidence if they
Offer clues to suspect
Suggest how crime was committed
Q 29
95
Gathering Evidence
Items are evidence if they
Offer clues to suspect
Suggest how crime was committed
Are not usually found at the location
Q 12
96
Gathering Evidence
The Crime Scene Should be Photographed!
97
Gathering Evidence
The Crime Scene Should be Photographed!
98
Gathering Evidence
The Crime Scene Should be Photographed!
99
Gathering Evidence
The Crime Scene Should be Photographed!
100
Gathering Evidence
101
Gathering Evidence
102
Gathering Evidence
103
Gathering Evidence

• Carefully Collected
• Casts of Footprints
• Tracks
• Toolmarks

Q 18
104
Gathering Evidence
Never Touch Anything with Bare Hands!
105
Gathering Evidence
Never Touch Anything with Bare Hands!
106
Gathering Evidence
Never Touch Anything with Bare Hands!
107
Gathering Evidence
Never Touch Anything with Bare Hands!
108
Gathering Evidence
Never Touch Anything with Bare Hands!
Q 10, 11
109
Chain Of Custody
Officer B
Evidence
110
Chain Of Custody
Officer B
Evidence
111
Chain Of Custody
Evidence Lockup
Evidence
112
Chain Of Custody
Evidence Lockup
COURT
Evidence
Q 21, 22
113
(No Transcript)
114
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
115
RECORDING THECRIME SCENE

• Field notes should contain

• Who
• What
• When

Q 30
116
RECORDING THECRIME SCENE

• Field notes should contain

• Where
• How
• Why

Q 20, 23
117
RECORDING THECRIME SCENE

• Field notes are used for..

Q 13
118
RECORDING THECRIME SCENE

Committing observations to writing
Q 14
119
RECORDING THECRIME SCENE

Maintaining a chronology of events
120
RECORDING THECRIME SCENE

Jog memory for court
Q 15, 16, 28
121
(No Transcript)
122
Menu
The Preliminary Investigation
Suspect I.D. and Apprehension
Scenario - Miranda
Gathering Evidence
Recording the Crime Scene
Legal Significance of Evidence
123
Legal Significance
Of Evidence
124
Legal Significance

• Corpus delicti of a crime

Latin
125
Legal Significance

• Corpus delicti of a crime

Latin
(Body of evidence)
Q 5, 34
126
Legal Significance
Fact

• Prima facie

127
Legal Significance
Fact

• Prima facie

Evidence strong enough to establish a fact or
chain of facts
128
Legal Significance
Fact

• Prima facie

at face value
Q 4
129
Circumstantial Evidence

• Deductions are made from various facts
• Indirectly show the facts to be proved

Q 6, 35
130
Rules of Evidence
Insure that evidence collected by the police has
been collected
131
Rules of Evidence
Insure that evidence collected by the police has
been collected
legally
132
Rules of Evidence
Insure that evidence collected by the police has
been collected
legally
133
Rules of Evidence
Yes!
Insure that evidence collected by the police has
been collected
legally
134
Rules of Evidence
Evidence collected illegally is considered...
Q 27
135
Rules of Evidence
Fruit of the poisoned tree
136
Rules of Evidence
Fruit of the poisoned tree
137
Rules of Evidence
Fruit of the poisoned tree
138
Rules of Evidence
Fruit of the poisoned tree
Q 25, 47
139
Exclusionary Rule
Evidence obtained illegally MUST be excluded at
trial!
140
Exclusionary Rule
Evidence obtained illegally MUST be excluded at
trial!
141
Exclusionary Rule
Evidence obtained illegally MUST be excluded at
trial!
142
Exclusionary Rule
Evidence obtained illegally MUST be excluded at
trial!
143
Three Tests of Evidence

• Relevancy
• Materiality
• Competency

144
Relevancy

• Applicability of evidence to determine the
  truth or falsity of the issue being tried

145
Relevancy

• Applicability of evidence to determine the
  truth or falsity of the issue being tried

146
Materiality

• Importance of evidence in influencing the
  courts opinion on an issue

Q 26
147
Competency

• Quality of evidence or its fitness to be
  presented to assist in determining questions of
  fact

Q 46
148
(No Transcript)
149
(No Transcript)