Flashcards in Midterm Deck (22)
The process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible.
Goals of a Criminal Investigation
Determine whether a crime has been committed,
Identify the person through information and evidence, Arrest suspect, Recover stolen property, Present best case to prosecutor.
Functions of the Investigator
Emergency assistance, Secure the scene; photograph, videotape, and sketch; takes notes and write report; search for, obtain, and process physical evidence; obtain information from witnesses and suspects; identify suspects; conduct raids, surveillance, stakeouts, and undercover assignments; testify in court.
The preliminary Investigation
Question victims, witnesses, suspects; conducts a neighborhood canvass; measure,videotape, photograph, sketch scene; search for evidence; identify, collect, process, package evidence; record observations and statements in notes
3 ways to identify suspects
show-up, photo line-up, physical line-up
bring the suspect back to the scene; as soon as possible but within 2 hours the officer should bring suspect back to the scene of the crime and the suspect should be shown to the victim out of the police car when safely possible
8-12 people must have similar physical attributes; within 2" of actual height - 20 lbs of weight
Suspect has the right to an attorney decided in U.S. v. Ash
up to 6 people - must have similar physical attributes; within 2" of actual height - 20 lbs of weight; all should have glasses, be Hispanic, facial hair or no facial hair.
Informant past proven reliable
the information from the informant has been corroborated and has led to arrest; the more arrests the more stock a judge will put in the information
when the person no longer feels free to leave
asking questions to obtain information - a reasonable person would feel free to leave.
parental permission is needed - preferably present during questioning
Avenues of information
1) reports, records, and databases, including those found on the internet 2) people who are not suspects in a crime but know something about the crime or those involved; 3) suspects in the crime
internet, neighbors, mailboxes, or landlords, garbage cans left by road
types of searches
a search warrant, consent is given, an officer stops a suspicious person and believes the person may be armed, search incident to a lawful arrest, an emergency exists.
an officer is allowed to pat down a suspicious person for the officer's safety
Search incident to arrest
an officer is allowed to search a suspect after a lawful arrest to check for weapons, evidence of a crime, and/or contraband
warrants are issued by judges or magistrates, must have an abundance of probable cause - very specific details as to the place(s) and item(s) to be searched or seized
Search with consent
someone gives consent for an officer to search their personal property - written consent is preferred, consent can be revoked at any time during the search.officer is not allowed to search a locked container.
if an emergency exists then the officer can search the general area to ensure safety concerns
day-time search warrant
officer has 10 days to execute warrant, between the hours of 0600-2200, early morning is the safest time to execute a warrant