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Sample Arrest Warrant Affidavit Michigan

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Sample Arrest Warrant Affidavit Michigan Powered By Docstoc
					        Chapter 1
Investigating the Crime Scene
                 Objectives
• Students should gain an understanding of:
  – The steps taken to preserve a crime scene
  – Documentation of the crime scene
  – Ways to systematically search the crime
    scene
  – Methods for collecting, preserving, identifying,
    packaging, and transporting evidence
  – The chain of custody
  – The Fourth Amendment and its application to
    the search and seizure of evidence
                 Introduction
• Collection and preservation of evidence are
  essential for successful criminal investigation
• Failure to assure proper collection and
  preservation can jeopardize the investigation
• Accurate records are needed of the actions
  taken by investigators
• Physical evidence is usually collected by the
  police or civilian crime scene technician; it
  includes any and all relevant materials or objects
  associated with the crime scene, victim, suspect,
  or witness
 Securing the Crime Scene (1 of 3)
• First responder
  – Offer assistance to injured persons
  – May exclude nonessential persons from the
    crime scene
• Later responders
  – Are responsible for security of crime scene
  – Limit access: All who enter have potential for
    contamination
 Securing the Crime Scene (2 of 3)
• Identifying, establishing, protecting, and
  securing the boundaries
  – Set initial boundary larger than the scene
  – Document all actions and observations:
     • State of scene
     • Existing conditions
     • Personal information
     • Actions and statements of persons entering and
       exiting
     • Items moved and who moved them
 Securing the Crime Scene (3 of 3)
• Identifying, establishing, protecting, and
  securing the boundaries
  – Preserve physical evidence for later
    identification, collection, and submission
  – Create single path in and out of scene
  – Identify all personnel at scene
   Documenting the Scene and the
        Evidence (1 of 9)
• Documenting is the most important and time-
  consuming activity at the scene
   – Maintaining chain of custody proves nothing
     was altered.
   – It demonstrates who discovered an item, when
     it was discovered, and the item’s appearance,
     control, movement.
   – It helps the analyst understand how the
     evidence relates to the overall scene.
   – The investigator should record facts that
     corroborate, refute, or modify the hypothesis.
  Documenting the Scene and the
       Evidence (2 of 9)
• Note taking
  – Document core of crime scene and physical
    evidence
  – Make notes in ink, in a bound notebook, with
    pages numbered sequentially
  – Do not erase errors; cross them out with pen
  – Make notations in chronological order
  Documenting the Scene and the
       Evidence (3 of 9)
• Note taking
  – Evidence documented in notes:
    •   Condition
    •   Time of discovery
    •   Name of discoverer
    •   Placement, collection, packaging, labeling
  – Photographs must be documented
  – Audio recordings may be used, but later
    transcribed
 Documenting the Scene and the
      Evidence (4 of 9)
• Photography
  – Take photos without disturbing elements of
    the scene
  – Take a systematic series of photos to record
    the crime scene
  – Photograph as thoroughly as possible
  – Use a 35-mm single-lens reflex camera
  – Retain the original digital images
  Documenting the Scene and the
       Evidence (5 of 9)
• Items included in the photo log:
  – Date and time
  – Camera settings
  – Film roll number and exposure number
  – File name and exposure number
  – Type of shot
  – Distance to the subject
  – Brief description
  Documenting the Scene and the
       Evidence (6 of 9)
• Sketching
  – Accurately record distances between objects
  – Make rough sketches not drawn to scale, but
    with adequate information for later finishing
  – Sketch the scene from an overhead view
  – Must establish two fixed points that are
    permanent objects
  – Recognize that a computer professional will
    prepare finished sketches later using CAD
    software
  Documenting the Scene and the
       Evidence (7 of 9)
• Items included in a sketch:
  –   Case identifier
  –   Date, time, location
  –   Weather and lighting conditions
  –   Name of the sketch
  –   Identity and assignments of personnel
  –   Dimensions and layout
  –   Measurements and positioning
  –   Key or legend
  –   Orientation
  –   Scale
  Documenting the Scene and the
       Evidence (8 of 9)
• Sketching: three techniques
  – Triangulation: measures location of the
    evidence from fixed points
  – Baseline: draws a line between the fixed
    points and measures the distance to the
    evidence at a right angle from this line
  – Polar coordinate method: uses a transit or
    compass to measure the angle from the north
    and the distance to the evidence
  Documenting the Scene and the
       Evidence (9 of 9)
• Videography
  – May be used to complement still photography
  – Is the best way to document the overall view
    of the scene
  – Allows forensic scientists to understand the
    scene at a later time
• Record locations of evidence in still photos
• Record running audio narrative
  Systematic Search for Evidence
              (1 of 3)
• Methodically search for less obvious
  pieces of evidence
• Search patterns:
  – Spiral: no physical boundaries
  – Grid: large outdoor crime scene
  – Strip: outdoor crime scene where coordinator
    organizes many searchers
  – Zone: indoor crime scene where different
    teams are assigned small areas
  – Wheel: circular crime scenes
  Systematic Search for Evidence
              (2 of 3)
• Search suspected points of ingress and
  egress
• Collect evidence that might degrade first
• Search outside scenes in daylight if
  possible
  Systematic Search for Evidence
              (3 of 3)
• Recognition of physical evidence
  – First step in processing is to recognize
    obvious pieces of physical evidence
  – Ability to recognize what is and is not
    evidence is learned through experience
  – Many departments employ specialized
    evidence retrieval technicians
  – The nature of the crime determines the type
    of evidence sought
Collection, Preservation, Inventory,
  and Transportation of Physical
         Evidence (1 of 4)
– Once documented, evidence must be collected,
  preserved, inventoried, and packaged in
  preparation for submission to the crime lab
– Physical evidence from scene is a questioned
  sample
– Known samples come from relevant persons and
  are used for comparison
– Individualization means proving a particular
  unknown sample is unique
Collection, Preservation, Inventory,
  and Transportation of Physical
         Evidence (2 of 4)
• Impression evidence
  – Developed or enhanced by use of specialized
    photographic techniques or chemical developers
• Biological evidence
  – Enhanced/developed by chemical means
• Firearms and ammunition
  –   Located by sight
  –   Must be rendered safe
  –   Store in paper envelopes, bags, or cardboard boxes
  –   Make no permanent markings on weapons
Collection, Preservation, Inventory,
  and Transportation of Physical
         Evidence (3 of 4)
• Arson and bomb evidence
  – Locate by sight and smell
  – Place carpet, wood, and absorbent materials
    in clean paint cans and seal lid
  – Place flammable liquids in glass bottle with
    tight-fitting lid
• Chemicals and controlled substances
  – Locate by visual observation
 Collection, Preservation, Inventory,
   and Transportation of Physical
          Evidence (4 of 4)
• Trace evidence
  – May be extremely small or microscopic
  – Collect by forceps, tweezers, scraping, taping,
    or vacuuming
  – Document and collect questioned and known
    samples
  – Work in conjunction with medical examiner for
    homicide evidence collection
          Packaging Evidence
• Package must preserve and protect evidence
• Paper envelopes are routine
• DNA in blood will degrade if not stored properly
• Wet blood should dry first and then be scrapped
  or collected on a swab
• Put clothing in large paper sacks
• Take entire piece of evidence as it is found at
  the scene, if possible
    Submitting Evidence to Crime
             Laboratory
• Evidence is stored in constantly guarded
  evidence collection areas.
• It may be submitted to the crime lab in
  person or via mail.
• A Federal Firearms License required for
  postal mailing of firearms.
• Chemicals, radiological agents, and
  explosives may be transported via UPS or
  FedEx.
• Each item must be packaged separately.
             Chain of Custody
• In court, all evidence will be subject to questions
  about chain of custody.
• The chain starts with the evidence’s original
  discoverer.
• The chain is broken if movements are not
  documented; that may result in evidence being
  excluded in court.
• Preserve the chain of custody by making sure
  that investigator notes completely document
  everything that happens to each piece of
  evidence at the scene.
 Criminal Evidence and the Fourth
       Amendment (1 of 5)
• Evidence is most often excluded due to
  Fourth Amendment violations.
• Officers must present an affidavit of
  probable cause that criminal activity is
  taking place at a particular location to
  receive a search warrant.
• Contraband, “fruits and instrumentalities of
  the crime,” evidentiary items, voice and
  handwriting samples, and conversations
  can all be obtained via warrants.
  Criminal Evidence and the Fourth
        Amendment (2 of 5)
• Exceptions to the Fourth Amendment
  – Border searches: customs searches at the
    border do not require a warrant
  – Consent searches: persons can voluntarily
    submit to a search
  – Search incident to arrest: persons and the area
    under immediate control can be searched during
    a lawful arrest
  – Plain view doctrine: officers can seize
    contraband and evidence that they can see from
    legal vantage point
 Criminal Evidence and the Fourth
       Amendment (3 of 5)
• Exceptions to the Fourth Amendment
  – Emergency exceptions: officers can enter premises
    without a warrant if they have reasonable suspicion
    that an injured person is inside
  – Open fields: no expectation of privacy
  – Stop and frisk: officer may pat down a suspicious
    person who may be armed and dangerous
  – Vehicle inventories: may need to search the vehicle
    immediately if the driver or other occupant is arrested
  Criminal Evidence and the Fourth
        Amendment (4 of 5)
• Mincey v. Arizona (1978)
  – Police conducted an undercover raid of a
    suspected drug house.
  – An officer and three suspects were shot.
  – The premises were searched extensively over 4
    days without a warrant.
  – The court overturned the conviction: The offense
    did not merit a warrantless search because the
    evidence would be not lost while a warrant was
    obtained.
 Criminal Evidence and the Fourth
       Amendment (5 of 5)
• Michigan v. Tyler (1978)
  – It involved a fire at a furniture store.
  – Investigators conducted several searches,
    including some well after the fire was out.
  – The convictions were overturned: The later
    warrantless entries were not part of the initial
    emergency circumstances.
• Officers must obtain a search warrant
  before they conduct a careful, detailed
  examination of a crime scene.

				
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