The purpose of the following presentation is to provide useful information regarding the inherent legal concerns and constraints involved in working as a crime scene investigator. As future crime scene investigators, you will be required to know and avoid the possible procedural errors that may occur in order to properly mitigate potential threats that could damage or derail a criminal case. By being aware of these legal constrains, you will be able to proficiently process a crime scene with minimal error and without violating the rights of the suspects. We will discuss the legal constraints innate to searches of a crime scene, the importance of a secure crime scene perimeter, and the importance of practicing in mock trials in order to hone
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Furthermore, it protects the citizen from unlawful search and seizure of their property by police and other law enforcement entities (Cornell, n.d.). Except in exigent circumstances or in the event of judicially-recognized exceptions, a search warrant must be obtained prior to performing a search and processing a crime scene. Recognized exceptions may include but are not limited to; consent of the owner, post arrest searches, and areas in plain and public view. Exigent circumstances include threats to life or safety (also referred to as the emergency situation doctrine), imminent risk of destruction or removal of evidence, and escape or flight of the suspects (Berlin, 2011). Both recognized exceptions and exigent circumstances are reviewed on a case-by-case basis and may or may not apply dependent upon specific elements involved in the suspected crime or crime scene. Warrantless crime scene searches are required to fall within the scope of one or more of these exceptions where reasonable expectation of personal privacy exists (Berlin, 2011). It is important that the crime scene investigator remains unbiased, maintains the integrity of due process of law, and performs their duties with the utmost professionalism and respect for the constitutional rights of the …show more content…
This includes setting up a secure perimeter around the scene, limiting access to essential personnel only, and maintaining a thorough and accurate record of what occurs on scene (Warrington, 2011). Be aware that the more people that are allowed on scene, the higher the risk of evidence destruction and contamination. Setting up a secure perimeter around the crime scene will help to mitigate possible contamination and destruction of vital evidence. Furthermore, this safeguard will add validity to any evidence found and will help to prevent that evidence from being ruled inadmissible in a court of law. If it is discovered that the perimeter of the crime scene was unsecured, any evidence found on scene may be called into question and could potentially be precluded as admissible evidence of a crime (Warrington, 2011). It is crucial that only task-essential personnel are allowed on scene, proper documentation of evidence and its chain of custody are strictly adhered to, and that members of the public and media are prohibited from accessing the scene as they pose an imminent threat to the legitimacy of any evidence found
Furthermore, it protects the citizen from unlawful search and seizure of their property by police and other law enforcement entities (Cornell, n.d.). Except in exigent circumstances or in the event of judicially-recognized exceptions, a search warrant must be obtained prior to performing a search and processing a crime scene. Recognized exceptions may include but are not limited to; consent of the owner, post arrest searches, and areas in plain and public view. Exigent circumstances include threats to life or safety (also referred to as the emergency situation doctrine), imminent risk of destruction or removal of evidence, and escape or flight of the suspects (Berlin, 2011). Both recognized exceptions and exigent circumstances are reviewed on a case-by-case basis and may or may not apply dependent upon specific elements involved in the suspected crime or crime scene. Warrantless crime scene searches are required to fall within the scope of one or more of these exceptions where reasonable expectation of personal privacy exists (Berlin, 2011). It is important that the crime scene investigator remains unbiased, maintains the integrity of due process of law, and performs their duties with the utmost professionalism and respect for the constitutional rights of the …show more content…
This includes setting up a secure perimeter around the scene, limiting access to essential personnel only, and maintaining a thorough and accurate record of what occurs on scene (Warrington, 2011). Be aware that the more people that are allowed on scene, the higher the risk of evidence destruction and contamination. Setting up a secure perimeter around the crime scene will help to mitigate possible contamination and destruction of vital evidence. Furthermore, this safeguard will add validity to any evidence found and will help to prevent that evidence from being ruled inadmissible in a court of law. If it is discovered that the perimeter of the crime scene was unsecured, any evidence found on scene may be called into question and could potentially be precluded as admissible evidence of a crime (Warrington, 2011). It is crucial that only task-essential personnel are allowed on scene, proper documentation of evidence and its chain of custody are strictly adhered to, and that members of the public and media are prohibited from accessing the scene as they pose an imminent threat to the legitimacy of any evidence found