Class Name, Instructor Name Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed Chapter 2 INVESTIGATORS, INVESTIGATIONS, AND THE LAW Class Name, Instructor Name Date, Semester

CHAPTER OBJECTIVES Understand how a crime is legally established by a criminal investigation Summarize the legal guidelines that police must follow for searches, seizures, and arrests Describe the process of obtaining and executing a search warrant Explain when warrantless searches are authorized Define the term exclusionary rule and its relationship to illegal searches and seizures Outline the necessary investigative requirements for building a case for prosecution

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Understand how a crime is legally established by a criminal investigation

Substantive Criminal laws: Criminal Procedural laws: Legal requirements that must be met to determine if a crime has been committed and if suspect is guilty or innocent Criminal Procedural laws: Laws governing proper procedures for investigators in arrest, search, and seizure vs. 4 4

Body of the crime, investigators must prove a crime has been committed Establishment of a Crime Corpus Delecti Body of the crime, investigators must prove a crime has been committed Elements of a Crime Factual elements demonstrated and supported by evidence obtained during the investigation statutes Actus Reus The act requirement—performing the act or failing to act when required to do so Mens Rea Suspect’s mental state during the act, strict liability for traffic offenses 5 5

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Summarize the legal guidelines that police must follow for searches, seizures, and arrests

Search and Seizures

Reasonable Suspicion: Evidence to prove a crime Reasonable Suspicion: When a situation would lead an officer to SUSPECT that a crime is being committed, has been committed, or about to be committed Probable Cause: An officer’s belief that a crime is being committed, about to be committed, or has already taken place vs. 8 8

Reasonable Suspicion

Describe the process of obtaining and executing a search warrant Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Describe the process of obtaining and executing a search warrant

Obtaining Warrant

4th Amendment Search Warrants Statement of Probable Cause Affidavit- Written portion of the warrant Annotation of what the officer wants to search or locate Person, place, thing to be Knock Warrant No Knock Warrant Search Warrant Return What was Seized? 12 12

Other types of searches Anticipatory searches—U.S. v. Grubbs, know the date/time of criminal evidence Sneak and Peak—enter private property without occupants knowing 13 13

Explain when warrantless searches are authorized Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Explain when warrantless searches are authorized

Warrantless Search

Warrantless Searches Voluntary Consent Exigent Circumstances consent to search forms, burden of proof on officer Exigent Circumstances Threats of harm, imminent threat, destruction of evidence, etc. Stop-and-frisk searches Pat down of a person for concealed weapons Plain feel—officer must show through knowledge, training, and experience that they know what the item “could” be Plain view—where observation of evidence took place

Warrantless Searches Search incident to arrest Special circumstances Officer safety justification, prevent escape, prevent destruction of evidence Special circumstances Open fields doctrine Abandoned property Probation/parole searches School searches Patriot Act searches

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Define the term exclusionary rule and its relationship to illegal searches and seizures

Illegal Search Exceptions Illegal Searches Exclusionary Rule—enforce Fourth Amendment and protect citizens from law enforcement Fruit of the Poisonous Tree Doctrine—extended legal restrictions imposed by exclusionary rule Inevitable Discovery—evidence would have been discovered as a result of a search Good Faith Exception—the officer conducting the search was acting in good faith Illegal Search Exceptions

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Outline the necessary investigative requirements for building a case for prosecution

Stages of Case Processing Identifying and Arresting Suspects Consensual Encounter: Casual, nonthreatening, conversations with officers Detention: when investigators words or actions have them feel they cannot leave Arrest: Act of taking an adult or juvenile into custody Arrest Warrant: probable cause for the arrest 21

Stages of Case Processing Beyond a Reasonable Doubt Trier of Law Trier of Fact Bench Hearing

Forms of Evidence Physical or Real Evidence: visible and microscopic Documentary Evidence: written, printed, reported, or recorded Testimonial Evidence: spoken words as well as behaviors associated with the words

Factual Evidence Factual Evidence Direct: Proves suspects guilt Circumstantial: Indirect proof of suspect’s guilt Corroborative: Validity & reliability of other evidence Cumulative: Adds strength to other evidence

CHAPTER SUMMARY Evidence must suggest that a crime has been committed—the corpus delicti of the crime. Sufficient evidence must be presented that satisfies the specific elements of a particular criminal activity proved within written codes or statutes. For most crimes that are the subject of investigation, a physical act as well as a criminal state of mind at the time of the act must be demonstrated by available evidence. Reasonable suspicion and/or probable cause must be present to conduct a search and/or seizure. Officers must follow the Fourth Amendment in this area. Probable cause is the necessary standard for conducting most searches and carrying out arrests. The Supreme Court has authorized warrantless searches and seizures in situations involving potential medical emergencies, threats to officers’ safety, and the preservation of public safety.

CHAPTER SUMMARY The exclusionary rule states that evidence searched for and/or seized through illegal methods and means is inadmissible (or not allowable) in a court of law. This rule has been extended through the fruit of the poisonous tree doctrine to prohibit from court proceedings all evidence proven to have originated from an illegal search. For investigators building a case for successful prosecution, the primary goal is to gather evidence to prove beyond a reasonable doubt that a particular suspect has committed a specific crime. Investigators can rely on physical or “real” evidence, documentary evidence, and testimonial evidence to build their case. These forms of evidence can be presented in the form of direct evidence (directly proving the guilt of a suspect) or indirect evidence (indirectly proving the guilt of a suspect).