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118 Cards in this Set
- Front
- Back
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Substantive Criminal Law
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Branch of criminal law dealing with the elements that describe and define a crime |
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Procedural Criminal Law
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Branch of criminal law that defines what can and cannot be done with, or to, people. (Deals with processes of arrest, search and seizure, interrogations, confessions, admissibility of evidence and testifying in court. |
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Due Process Clause |
The title of clauses appearing in both the fifth and fourteenth amendments of the Constitution |
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Due Process |
Fairness |
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Fourth Amendment |
The Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Arrest |
Any interference with a person which if not privileged would constitute false imprisonment. |
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Arrest |
The taking of custody upon sufficient and proper evidence for the purpose of prosecution. |
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Arrest |
Interfering with the freedom of a person who is suspected of criminal conduct to the extent of taking him to the police station for some purpose. |
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Ingredients of Arrest |
1. Intention 2. Authority 3. Custody |
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Intention |
This is in regards to arrest. The officer must have the intention of taking the suspect into custody. |
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Authority |
This is in regards to arrest. The officer must have real or assumed legal authority for taking the person into custody. |
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Custody |
This is in regards to arrest. The person arrested must come within the custody and control of the law; either by physical restraint or by the arrestee's voluntary submission to the custody and control of the arresting officer. |
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Detention |
Temporary and limited interference with the freedom of a person for investigative purposes. "Street stop" "Field Interrogation" Note: Must be brief and made for good reason. |
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Stop and Frisk |
Limited pat down of the outer clothing of a person encountered by LEO when the person is acting suspiciously and the officer, concurrent about safety, seeks to determine if the person has a weapon. |
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Charging |
The act of formally asserting that a particular person is to be prosecuted for a crime. |
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Situations for an Arrest
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1. When a warrant has been issued.
2. When a crime is committed in the presence of an arresting officer. 3. When an officer has probable cause to believe that the suspect being arrested has committed a felony. 4. In statutorily created instances. |
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Arrest Warrant |
A judicial order commanding that a particular person be arrested and brought before a court to answer a criminal charge. |
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Affidavit |
A sworn, written statement of the information know to an officer that serves as the basis for the issuance of an arrest warrant of a search warrant. |
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Contents of an arrest warrant might include: |
1. The authority under which the warrant is issued (name of the state). 2. The person who is to execute the warrant (LEO of state). 3. The identity of the person to be arrested. 4. The designation of the offense. 5. The date, time, and place of the occurrence. 6. The name of the victim. 7. A description of the offense and how it occurred. |
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Probable Cause |
A condition in which an officer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be, committed. |
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Search and Seizure |
The process of looking for evidence of a crime and taking that evidence into the custody of a LE agency. |
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Search |
The process of looking for evidence of a crime
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Federal Exclusionary Rule |
Any evidence unreasonable obtained by federal LEOs could no longer be admissible in federal prosecutions.
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Silver Platter Doctrine |
A doctrine that a federal court could introduce illegally or improperly state-seized evidence, as long as federal officers had played no role in obtaining it. The doctrine was declared unconstitutional in 1960 (Elkins v. United States)
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Legal Searches and Seizures: |
1. When a warrant has been issued 2. With consent 3. Incident to an arrest 4. of a motor vehicle 5. When an emergency (exigent circumstances) exists 6. To conduct an inventory 7. Plain View 8. Stop and Frisk |
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Search Warrant |
Written authorization by a judge allowing LEO to look for specific items of evidence of a crime in a specified place. - Based on probable cause - Must describe places to be searched - Must describe things to be seized - Must be detailed - "Particularly describe" things to be seized |
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Exigent Circumstances |
An exception to the requirement that LEOs have a search warrant; occurs when there is a compelling need for official action and there is no time to get an warrant. |
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Felony |
A serious violation of the criminal code; punishable by imprisonment for one or more years or by death. |
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Investigator |
An official who gathers, documents, and evaluates evidence and information in the investigation of a crime. |
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Misdemeanor |
A violation of the criminal code that is less serious than a felony; often punishable by imprisonment for no more than a year and/or a fine of no more than $500. |
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Crime Scene |
The location at which a crime was commited |
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Deductive Reasoning |
The thought process that does from general premises to specific details. Ex: A hypothesis about the crime is developed and then tested against the factual situation to arrive at a conclusion. |
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Inductive Reasoning |
The thought process that moves from specific details to a general view. Ex: The facts of a case are used to arrive at a logical explanation of the crime. |
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BOLO |
Be on the look out. |
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Reasonable Suspicion |
Legal standard of proof that is less than probable cause. but more than a "hunch". Must be based on specific and articulable facts.
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Consent Search |
- Authority to give consent - Voluntary - May be withdrawn at anytime |
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Moveable Vehicle Rule |
Sufficient probable cause to get a warrant, however, due to the mobility of the vehicle, a search warrant is not needed. Vehicle might be gone by the time the search warrant is issued.
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Pretext Arrest |
The cover reason for stopping; looking for probable cause |
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No Knock Warrant |
A warrant issued by a judge that allows law enforcement officers to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell |
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Sneak and Peek Warrant |
(Delayed Notice Warrant) A search warrant authorizing the LEOs executing it to effect physical entry into private premises without the owner’s or the occupant’s permission or knowledge and to clandestinely search the premises; usually, such entry requires a stealthy B&E (breaking and entering). |
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Plain View Seizures |
If LEO is lawfully in a place and sees contraband or evidence in plain view, the LEO may seize the evidence and it will be admissible. Note: Critical that the officer has a lawful right to be where he can see the evidence in plain view. |
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Incident to Arrest |
- Valid Arrest - Immediately following Arrest - Search of a person arrested and the area under their immediate control from which he might obtain a weapon or destroy evidence. |
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PRELIMINARY |
P - Proceed to the scene promptly and safely R - Render assistance to the inured E - Effect the arrest of the criminal if present L - Locate and Identify witnesses I - Interview the compliant and the witness M - Maintain crime scene and protect evidence I - Interrogate the suspect (miranda) N - Note al conditions, events, remarks A - Arrange for the collection of evidence R - Report the incidence fully and accurately Y - Yield the responsibility to the follow up investigation. |
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P |
Proceed to the scene promptly and safely |
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R |
Render assistance to the injured |
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E |
Effect the arrest of the criminal if present |
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L |
Locate and identify witnesses |
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I |
Interview the compliant and the witness |
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M |
Maintain crime scene and protect evidence |
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I2 |
Interrogate the suspect (Miranda) |
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N |
Note all conditions, events, remarks |
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A |
Arrange for the collection of evidence |
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R |
Report the incident fully and accurately |
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Y |
Yield the responsibility to the follow-up investigation |
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Stop and Identify |
Authorize police to legally obtain the identification of someone whom they reasonably suspect has committed a crime. However, if the person is not reasonably suspected of committing a crime, they are not required to provide identification, even in states with stop and ID statutes. |
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Fruits of the Poisonous Tree Doctrine |
Provides that evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not know about before. Evidence obtained from the unreasonable search and seizure is inadmissible and any evidence resulting from the unreasonable seized evidence is also tainted and not admissible. |
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Gant Two Prong Test |
1. Police may search a vehicle incident to a recent occupants arrestee is within reaching distance of passenger compartment at the time of the search 2. It is reasonable to believe the car contains evidence of the offense at the arrest. |
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Crime |
The commission (doing) of any act that is prohibited or the omission (failing to do) of any act that is required by the penal code of an organized political state. |
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Terry Stop |
A brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. |
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Objections of Investigative Process |
1. Establish that a crime was actually committed 2. To identify and apprehend suspect(s) 3. To recover stolen property 4. To assist in the prosecution of the person(s) charged with the crime. |
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Preliminary Investigation |
Actions taken by the first officer to arrive at the scene of a crime after its detection and reporting. |
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Follow-up Investigation |
The police effort expended after the initial incident report is completed until the case is ready for prosecution. |
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Initial Response |
1. Note all dispatch information 2. Be alert for people and cars leaving the crime scene or its immediate proximity and note their numbers and descriptions. 3. Approach the scene cautiously 4. Scene Safety!!! -Ongoing violence? -Dangerous "ordinary" looking people -Special hazards? 5. Determine whether a tactical situation exists 6. Remain alert and attentive 7. Protocols--Follow them 8. Treat location as a crime scene until you conclude otherwise. 9. Field notes should include info about scene conditions (weather, locked, unlocked, ...) |
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Emergency Care |
1. Assess level of injuries to the victim and request any needed medical assistance. - victim's life > preserving evidence. 2. Inform EMS of potential evidence. 3. Get info from victim before EMS transports 4. Get names of attending medical personnel and contact info. 5. Attempt to get a dying declaration if it looks like the vic is SOL |
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Secure Scene and Control Persons and Evidence |
1. ID boundaries of crime scene and secure it ASAP 2. Find possible entry and exit points of crime scene 3. Maintain Crime scene control 4. Separate any potential combatants/persons arrested 5. Set up physical barrier to protect scene from contamination, theft. 6. Maintain crime scene entry log of persons coming in and leaving. |
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Crime Scene investigation objectives |
1. Establish what happened 2. Determine the sequence of events 3. Find out what the suspect did/didn't do at scene 4. Modus operandi used? 5. Determine what property was stolen and what was left behind 6. Note inconsistencies 7. Locate and interview witnesses 8. Document and recover physical evidence 9. Provide investigative leads |
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3 Categories of Evidence |
1. Corpus delicti
2. Associative 3. Tracing |
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Corpus Delicti Evidence |
Evidence that substantiates elements whose commission or omission must be demonstrated to have occurred in the order to prove a case. |
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Associative Evidence |
Bidirectional evidence that connects the perpetrator to the scene or victim, or connects the scene or victim to he perpetrator. |
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Trace Evidence |
Evidence that is extremely small or microscopic in size or is present only in limited amounts |
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Types of Documentation that is needed: |
1. Crime Scene entry log 2. Administrative log 3. Assignment Sheets 4. Incidence Report 5. Photographic log 6. Sketch 7. Evidence recovery log 8. EMS documents 9. Lift-prints log 10. consent search form or search warrant |
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Crime Scene Search patterns |
1. Spiral 2. Strip/line Search 3. Grid 4. Zone/Quadrant 5. Pie/Wheel |
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Fingerprint Patterns |
Patterns formed by the ridge detail of fingerprints; primarily loops whorls and arches. |
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Fingerprints |
Replicas of the friction ridges that touched the surface on which the prints are found. |
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Three Categories of Prints |
1 Plastic Prints (impression)
2. Patent (Visible) 3. Latent (Invisible) |
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Latent Prints |
Fingerprints created when friction ridges deposit body perspiration and oil on surfaces they touch; typically invisible to the naked eye. Made visible by developing process. |
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Plastic Prints |
3D, Molded, indented, or impressed into some pliable surface. (ex: putty, dust, oil films) |
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Patent Prints |
Prints created when fingers contaminated with blood, face powder, or a seminal material touch a clean surface. (ex: Ink, soot, oils) |
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Conditions that affect the quality of latent fingerprints: |
1. Surface 2. Nature of the material contaminating the fingerprint 3. Any physical or occupational defects of the person making the print 4. How the object on which the print appears was handled 5. The amount of contamination |
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Types of Surfaces: |
1. Nonporous surfaces; not absorbent ----Mirrors, glass, smooth ceramics 2. Porous surfaces; absorbent. If subject to high humidity or moisture can deteriorate quickly ----Documents, cardboard 3. Semi-porous Surfaces; resist and absorb fingerprint ----Glossy cardboard, magazine covers, some types of cellophane. |
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Forensic Light Source (FLS) |
Infrared, Ultraviolet |
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4 Methods to Develop Latent Prints |
1. Traditional Powders 2. Fluorescent powders 3. application of chemicals 4. cyanoacrylate or superglue fuming. |
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Types of Fingerprint Patterns |
Arches Loops Whorls |
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How many ports of comparison to make an ID? |
10-12 |
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Information that can be collected from Bloodstain and spatter evidence |
1. Direction traveling when droplet hit ground 2. Distance from source of blood 3. Angle droplets impacted 4. Direction and relative speed of blood trails 5. Nature of object used as weapon 6. Number of blows struck 7. Relative locations of other persons, surfaces, and objects having droplets on them 8. Sequence of events 9. Interpretation of blood-contact or blood-transfer patterns 10. Estimation of the elapsed time for the event and the volume of bloodshed. |
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Interview |
The process of obtaining information from people who have knowledge that might be helpful in a criminal investigation. |
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Interrogation |
A conversation between an investigator and a suspect that is designed to match acquired information to the suspect and secure a confession |
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Interviews and Interrogations: Similarities |
Planning is important/critical
Need control of surroundings Privacy Establishing a rapport is important Good questions Careful listening Proper documentation |
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Interviews and Interrogations: Differences |
Interview To obtain information minimal/no legal requirements cooperative relationship no guilt or guilt is unlikely Moderate planning/preparation Private or semiprivate desirable Interrogation To test already known information Extensive pre interrogation legal requirements; rights warning required. Sometimes hostile relationship Guilt suggested or likely Extensive planning and preparation Absolute privacy essential |
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Confession |
The acknowledgement by a person accused of a crime that he is guilty of that crime and committed every element of the offense. |
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Objectives of an Interrogation |
1. to obtain valuable facts 2. Eliminate the innocent 3. identify the guilty 4. to obtain a confession |
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Collection and care of evidence |
ID each item collected or handled Describe location and condition State who had contact and handled Declare under what circumstances and when the evidence was handled Explain changes made to evidence Visual documentation of crime scene Photography, video taping, Rough sketches |
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Class Characteristics |
Physical evidence that are common to a group of objects or persons. Can be placed in a broad categories
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Individual Characteristics |
Characteristics of physical evidence that can be identified as coming from a particular person or source. |
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DNA |
Blood Semen Saliva Skin Cells |
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DNA Party Fouls |
Heat Sun Moisture Bacteria Bleach |
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Fingerprint on gun Vs. DNA found at scene Which is more reliable? |
Fingerprint on gun |
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Fingerprint on Sexual assault victim vs Semen Swab Which is more reliable |
Semen Swab |
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Best Investigative tools |
Flashlight Camera Ruler |
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Residue Prints |
Prints made from footwear (shoes, boots, sandals), Soles of feet, and tires. |
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Impressions |
Result from footwear, feet and tires treading in some moldable material (clay, earth, snow) |
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Glass |
Class characteristics but in some situations can be individual class. Very common, lab may be able to determine: type Direction of force used to break glass Direction and sequence of shots fired Similarity between evidence glass and standards Fracture physical match |
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Fibers and cloth fragments |
Important! Contain variables like material type, number of fibers per strand, number of strands, thickness of fibers and strands, amount and direction of twists, dye content, type of weave, and possible foreign matter embedded in them. Fiber on fiber contact creates an exchange. Fibers can be found on the victim or suspect. Cloth fragments may be found at entrance and exit of scene |
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Odontology |
Matching teeth and bite marks |
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What can hair tell you? |
Race Body area How it was removed Damage (blunt force?) Drugs Contaminates Shampoos and dyes |
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MDT |
Mobile Data Terminals |
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MDT advantages |
Inter webs, databases, call history, Spell check! Electronic incident reports |
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Field Notes |
Short hand written record by LEO from start to finish of scene. Better than memory Primary source of info for reports |
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Basic Elements of Field Notes |
Who What Where When Why How |
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Incident Report |
First written investigative record of crime compiled by officer assigned to call |
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Witness |
Some are honest and cooperative Some won't talk Some need a rapport established |
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Competency |
Refers to the witness personal qualifications for testifying in court |
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Miranda Rights Warning |
*You have the right to remain silent, *Anything said can and will be used against you in a court of law. *You have the right to talk to an attorney before answering questions and you have the right to have an attorney during questioning *If you cannot afford an attorney, one will be appointed for you. |
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Waiver and Alternatives |
Suspect may choose to be silent May request council May waive rights and talk May indicate a desire not to talk to LEOs |
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Logical Approach |
Based on common sense and sound reasoning. Works best with males with past criminal records, educated people, and mature males. |
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Emotional Approach |
Appeals to the suspects sense of humor, morals, fair play justice, religion, family pride. Works best with females, first time offenders. |
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Criminal Profiling |
Process of studying all available information related to a crime and developing a psychological portrait of the unknown offender. |
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4 facts of profiling |
1. Antecedent 2. Method 3. Disposal 4. Post-Offense behavior |
