Legal/Systematic Approach/Note Taking

Question 1

what is the OJ effect?

Answer 1

-establishment of protocols (general orders/policies, special orders)
-exposed problems and lessons learned by having to follow procedure, sloppy evidence handling

Question 2

what are the legal considerations?

Answer 2

-admissibility of evidence
-search warrants
-consent to search

Question 3

must follow guidelines to ensure ?

Answer 3

admissibility of evidence

Question 4

fourth amendment

Answer 4

protects against unreasonable search and seizure

Question 5

permission slip to search and seize

Answer 5

search warrant

Question 6

what determines probable cause?

Answer 6

-level of proof
-affidavit
-magistrate issues warrant

Question 7

what is level of proof?

Answer 7

judges as to whether there is a fair probability that the subject has committed or is about to commit a crime

Question 8

what is an affidavit?

Answer 8

sworn statement of fact completed by police demonstrating probable cause

Question 9

what is a magistrate?

Answer 9

judicial officer who issues warrant, which must contain specific location, specific items to be searched for

Question 10

what can you do if the warrant is rejected?

Answer 10

if a warrant is rejected, then the affidavit can be revised so that the narrative and story can be more detailed or have more facts in it to convince the magistrate to issue the warrant

Question 11

how to execute the warrant

Answer 11

-read the warrant for correct information
-record all items collected
-leave a copy of the warrant and affidavit at scene, in the vehicle, or handed directly to person
-keep copy for your records

Question 12

when should the original paperwork be filed with the clerk of the courts?

Answer 12

within 3 days, not including weekends/holidays

Question 13

what did the Mincey v. Arizona (1978) case dictate?

Answer 13

-dictated what actions law enforcement personnel are authorized to take without first obtaining a warrant

Question 14

First, officers can enter a scene to search for _______ and render aid in areas in which a __________ could reasonably be found.

Answer 14

victims, victim

Question 15

Second, officers may enter a scene to search for ________ – again only in areas where a ____________ could be located.

Answer 15

perpetrators, suspect

Question 16

Third, while officers are legally in a location performing either of the two aforementioned actions, they may __________ items of evidentiary nature that are in _________ ______ – however, this should only occur in exigent circumstances, such drug baggie blowing away in the wind (book says unsecured gun).

Answer 16

seize, plain view

Question 17

what does seizing evidence in plain view mean? and when to do it?

Answer 17

circumvents the documentation aspects of the crime scene search, and should not be utilized unless the evidence is transient, or presents a danger to those present

Question 18

what is transient evidence?

Answer 18

physical evidence that may be lost forever if not immediately preserved

Question 19

examples of transient evidence

Answer 19

-blood evidence washing away in a thunderstorm
-shoe impression in a melting bank of snow

Question 20

evidence obtained ? may not be admitted into court

Answer 20

illegally

Question 21

any ? information that may be derived from the excluded physical evidence is referred to as fruit of the poisonous tree

Answer 21

subsequent

Question 22

if the tree (physical evidence) is tainted, then any fruit (subsequent information) derived from that evidence would also be ?

Answer 22

tainted

Question 23

what is the chain of custody?

Answer 23

-chronological timeline of the journey of each item
-documents the location/person in possession of all evidence at all times (time and date)

Question 24

Anything after a break in the chain may result in some evidence such as, fingerprints and DNA to be

Answer 24

inadmissible

Question 25

order of chain of custody

Answer 25

1. Evidence collected at the scene by CSI 2. Evidence submitted to lab for analysis (DNA) 3. Evidence transferred for additional lab analysis (Firearms) 4. Evidence returned to Property/Evidence Unit for storage 5. Evidence released to CSI for court presentation 6. Evidence returned to Property/Evidence Unit to await disposition 7. Evidence may be returned to owner or destroyed

Question 26

who maintains chain of custody?

Answer 26

1. initial collector 2. subsequent possessors

Question 27

goal of documentation of crime scenes

Answer 27

create a permanent record of the condition of the scene and physical evidence

Question 28

how to take documentation

Answer 28

1. taking notes 2. photography 3. sketching

Question 29

FBI uses ? step process

Answer 29

12

Question 30

part one of initial phase of systematic approach

Answer 30

preliminary scene survey -story, setup, strategy, initial walk through (done by CSI) > identify evidence > prioritize evidence collection sequence

Question 31

part two of initial phase of systematic approach

Answer 31

note-taking - document existing conditions >setting >scene observations

Question 32

part three of initial phase of systematic approach

Answer 32

overall photographs (4, done by coroner) videotape (if available)

Question 33

part four of initial phase of systematic approach

Answer 33

begin rough sketch

Question 34

part one of collection phase of systematic approach

Answer 34

examine evidence - take more notes

Question 35

part two of collection phase of systematic approach

Answer 35

midrange/ close-up photography with and without scale

Question 36

part three of collection phase of systematic approach

Answer 36

measure evidence and place on rough sketch

Question 37

part four of collection phase of systematic approach

Answer 37

collect evidence

Question 38

part five of collection phase of systematic approach

Answer 38

package/ presence evidence

Question 39

part one of final phase of systematic approach

Answer 39

processing latent fingerprinting, trajectory

Question 40

part two of final phase of systematic approach

Answer 40

overall measurements of scene: work clockwise around the room

Question 41

part three of final phase of systematic approacH

Answer 41

discuss findings/ evidence evaluation

Question 42

part four of final phase of systematic approach

Answer 42

final scene walkthrough fresh eyes: have officer that was standing outside the room to walk through with you to see if you missed anything, different perspective, and if you left any equipment (expensive camera)​

Question 43

part five of final phase of systematic approach

Answer 43

notify case agent: ask if there is anything else needed anymore details on the case, look for something else, anything else to document for the case) because once you leave, you would have to get another search warrant to go back to that residence

Question 44

example of processing

Answer 44

black powder on surfaces for latent fingerprintig, bullet trajectory, bloodstain pattern analysis

Question 45

how to do appropriate note-taking

Answer 45

old fashion - pen and paper tape recorder may use pre-printged forms/checklists

Question 46

considerations while note taking

Answer 46

You may have to refer to your notes several years later, for recollection​ You will need to put your notes into a formal report​ Clearly and legibly written​ Document complete and thorough- details, specific​ Be consistent​ Be logical and organized- chronological order​ Reconstruct what happened- the written documentation should walk a person through the crime scene​ Only the facts, no opinions Tape recorder has to be transcribed, could accidentally delete

Question 47

note taking - crime scene basic case info

Answer 47

Time/Date (day) received call, by whom received call, what you were told​ ​ Time/Date (day) arrived, who you met with and what you were told​ ​ Time/Date (day) left the scene or responded to other locations​ Case #, location, type of offense, surroundings​ Search warrant/consent, personnel at scene, scene security​ Victims / Suspects name, address, DOB​ Weather, temperature, lighting, smells write unknown if you don't know victim/suspect

Question 48

note taking - vehicles

Answer 48

Make, model, tag, VIN, body style, exterior color, interior color, year interior/exterior condition

Question 49

note taking - firearms

Answer 49

Make, model, caliber, type​ Serial number, barrel length, finish​ Cylinder/magazine capacity, cylinder rotation​ Safety, hammer position, chamber loaded​ Number of rounds loaded​ Ammunition- fired, not fired, misfire, empty

Question 50

note taking - deceased bodies

Answer 50

Name, address, DOB, sex, race​ Body position- use standard anatomical position Blood present and where​ Lividity observed- color of lividity, fixed / not fixed​ Rigor present – in which body parts​ Medications- patient name, doctors name, date filled, medication name, quantity dispensed, count quantity left