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Unformatted text preview: The Crime Scene
The Locard’s Exchange Principle
Every contact leaves a trace! Whenever two objects come together they must affect each other in some way. Something is likely to be exchanged between them! Physical Evidence - anything that
establishes a link between a
crime and a person Principle of Individuality
Principle even though two objects may be indistinguishable, they can never be exactly identical Frye vs. Daubert Daubert “Does it work?” vs. Frye “Do scientists like and use it?” FRE 702 If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based sufficiently upon facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
CHE 113 4 Search and Seizure Evidence at a Crime Scene 4th Ammendment to the Constitution “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.”
CHE 113 5 Search and Seizure Evidence at a Crime Scene 4th Ammendment to the Constitution “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.”
CHE 113 6 Search and Seizure 4th Ammendment to the Constitution Allowances for Warrantless searches: the existence of an emergency. To prevent the immediate destruction of evidence. A search of a person or property within the
immediate control of the person provided it is
made incident to a lawful arrest.
made A search made by consent of the person involved. National Security Administrative searches
CHE 113 7 Search and Seizure 4th Ammendment to the Constitution Features of 4th Amendment: Only applies to government officials (NOT
private security guards – mall cops).
private Illegal search can lead to elimination of
evidence or overturning conviction
evidence CHE 113 8 Search and Seizure 4th Ammendment to the Constitution Exclusionary Rule: any evidence resulting from an illegal search cannot be used as direct evidence in court. Fruit of the Poisonous Tree Doctrine : any evidence found through an illegal search also cannot be used to find other evidence. For example, an illegally seized smart phone cannot be used to provide information leading to the discovery of evidence hidden elsewhere – such as an address listed on the phone showing where evidence is hidden. CHE 113 9 Search and Seizure 4th Ammendment to the Constitution Plain View Doctrine: protects a person ONLY if they have a “legitimate expectation of privacy” – this is a very important phrase. Police officers do not need a warrant, for example, to seize items that are plainly visible from a place that the officer has a right to be (e.g., sidewalk, roadside, etc.) – this is called the plain view doctrine. E.g., 1/23/12 Supreme Court GPS Case CHE 113 10 Collection of Evidence Collection
MINCEY v. ARIZONA (U.S. Supreme Court, 1978)
MINCEY Drug bust that went wrong and an undercover
police officer was killed.
Police spent 4 days searching and seizing evidence
Mincey arrested and convicted.
Supreme Court ruled evidence collected was
inadmissible because it was not from a proper
search and seizure.
search Evidence taken without proper authority is probably
not legally admissible.
CHE 113 11 Collection of Evidence Collection
Legal Michigan v. Tyler (U.S. Supreme Court, 1978)
Building destroyed by fire was put out in early AM.
Building left unsecured until 8 AM when a preliminary
search was done (for cause of fire).
Subsequent searches (at 4, 7, and 25 days) removed
Tyler convicted of arson.
Supreme Court: “…entry to fight a fire requires no warrant, and that
once in the building, officials may remain there for a
reasonable time to investigate the cause of the blaze.
Thereafter, additional entries to investigate the cause of
the fire must be made pursuant to the warrant
CHE 113 12 Physical Evidence
What is Physical Evidence?
These are real:
ATTORNEY: Can you describe
WITNESS: He was about medium
height and had a beard.
ATTORNEY: Was this a male or a
WITNESS: Unless the circus was
in town, I'm going with male.
ATTORNEY: Now doctor, isn't it
true that when a person dies in
his sleep, he doesn't know about
it until the next morning?
WITNESS: Did you actually pass
the bar exam?
CHE 113 13 Physical Evidence Must be recognized at crime scene. What relates to the crime and what doesn’t. Must be properly collected, preserved and controlled from massive to microscopic
Only aids in investigations (evidence doesn’t solve crimes by itself) www.crime-scene-investigator.net
CHE 113 14 Steps Taken at a Crime Scene Secure and Isolate the scene. Render medical help and arrest suspects (if needed)
Preserve and protect evidence (isolate area)
Exclude unauthorized personnel Designate Officer in Charge (with authority) Establish boundaries Document site Collection of Evidence CHE 113 15 Evidence Team Personnel Duties and Responsibilities Team Leader Photographer and Photographic Log Recorder
Sketch Preparer Evidence Recorder/Evidence Recovery Personnel Specialists CHE 113 16 Evidence Team Personnel Duties and Responsibilities Team Leader Assume control and access Determine search pattern and assignments Coordinate with groups involved Continuously evaluate work Release crime scene CHE 113 17 Evidence Team Personnel Duties and Responsibilities Photographer and Photographic Log Recorder Photograph entire scene (before and after entered)
Photograph victim, crowd, vehicles
Photograph evidence before it’s moved (including fingerprints, casts, etc.)
Photograph evidence both in wide view (position at scene) and closeup (with scale)
Possible use of video recording (does not replace still photography
Prepare photographic log CHE 113 18 Capture Crime Scene CHE 113 19 Wide angle lenses are used to
distort the truth or emphasis it
distort CHE 113 20 Details preserved CHE 113 21 Evidence Team Personnel Duties and Responsibilities Sketch Preparer Diagram area of scene (incl. orientation) Rough sketch accurate dimensions, orientation and location of evidence (from a fixed point) Finished sketch aesthetic appearance (usually done later sometime w/ CAD)
Set forth major items of evidence on sketch (with scale)
Make measurements (double check) CHE 113 22 Evidence Team Personnel Duties and Responsibilities Sketch Preparer Rough Sketch CHE 113 23 Evidence Team Personnel Duties and Responsibilities Sketch Preparer Finished Sketches CHE 113 24 Evidence Team Personnel Duties and Responsibilities Sketch Preparer CHE 113 25 Evidence Team Personnel Duties and Responsibilities Evidence Recorder/Evidence Recovery Personnel Have evidence photographed/sketched before collection Describe evidence and location on container Package evidence Maintain chain of custody and evidence log Ensure proper safety of collection (e.g., infectious materials) CHE 113 26 Evidence Team Personnel Duties and Responsibilities Specialists May include: Anthropologist Blood expert Bomb technicin Criminalist Engineer Entomologist Medical examiner Odontologist Surveyor Etc. CHE 113 27 Crime Scene Searches Thorough and Systematic
Unbiased and not overlook any relevant evidence
Depends upon locale, area, type of crime and conditions CHE 113 28 Crime Scene Searches
Crime Typical search patterns
Outer to inner CHE 113 29 Crime Scene Searches Lockerbie Bombing 35 SU Students Killed by terrorist bomb in Dec. 1988 (Pan Am Flight 103).
Crime Scene spread over 845 sq. miles of Scotland. CHE 113 30 Collecting Evidence CHE 113 31 Cast’s of Physical Evidence
Blood Spatter Analysis CHE 113 32 What determines the type and manner of
collecting and preserving physical evidence?
collecting The nature of the evidence CHE 113 33 Q. What type of evidence is to be
retrieved from a deceased victim for
examination in the crime laboratory?
Head and pubic hairs
Hand swabs for gunshot residues
CHE 113 34 Packaging Evidence Prevents any change after collection
Prevents cross contamination (separate packaging)
Preserved intact (e.g., blood on clothes)
Crime scene safety CHE 113 35 Q. Who is
responsible for the
evidence? Chain of Custody: is a
list of all persons who
came in possession of
an item of evidence.
Initials and date
should be recorded should CHE 113 36 CHE 113 37 Chapter 2 Physical Evidence
Crime Scene Searches
Evidence Collection and Packaging
Chain of Custody CHE 113 38 CHE 113 39 ...
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- Spring '08