PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman UNIT 8: THINK Critical Thinking Skill Development Analyzing Information Problem Solving

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman UNIT 8: TO DO LIST  Discussion Board Discussion Board  CORNERSTONE – CHAPTER 9 CORNERSTONE – CHAPTER 9  Weekly Seminar Weekly Seminar  Quiz Quiz  Discussion Board Discussion Board  CORNERSTONE – CHAPTER 9 CORNERSTONE – CHAPTER 9  Weekly Seminar Weekly Seminar  Quiz Quiz

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Critical Thinking  Think about something Think about something from different angles  Formulate thoughts and Formulate thoughts and ideas  Use facts and credible Use facts and credible research  Think about something Think about something from different angles  Formulate thoughts and Formulate thoughts and ideas  Use facts and credible Use facts and credible research

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Characteristics of Critical Thinkers  Open-minded Open-minded  Objective Objective  Seek the truth Seek the truth  Use Credible Sources Use Credible Sources  Open-minded Open-minded  Objective Objective  Seek the truth Seek the truth  Use Credible Sources Use Credible Sources

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Ask Questions!  Make decisions Make decisions  Be willing to change Be willing to change  Question things Question things  Be skeptical Be skeptical  Research Research  Make decisions Make decisions  Be willing to change Be willing to change  Question things Question things  Be skeptical Be skeptical  Research Research

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman A plan for critical thinking  Restrain emotions Restrain emotions  Analyze Information Analyze Information  Ask Questions Ask Questions  Distinguish fact from opinion Distinguish fact from opinion  Restrain emotions Restrain emotions  Analyze Information Analyze Information  Ask Questions Ask Questions  Distinguish fact from opinion Distinguish fact from opinion

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Control your emotions!  Child Abuse Child Abuse  Drunk Driving Drunk Driving  Domestic Violence Domestic Violence  Death Penalty Death Penalty  Politics Politics  Child Abuse Child Abuse  Drunk Driving Drunk Driving  Domestic Violence Domestic Violence  Death Penalty Death Penalty  Politics Politics

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman What steps can you take to look at an issue or situation differently?  Student responses Student responses  In the workplace In the workplace  Student responses Student responses  In the workplace In the workplace

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Considering Alternate Points of View Discussion boards Listen; don’t judge Research

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Problem Solving ID the Problem Research Develop Alternatives Evaluate Alternatives Solve the Problem ID the Problem Research Develop Alternatives Evaluate Alternatives Solve the Problem

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Evaluating Alternatives  Brainstorm Brainstorm  Write it down Write it down  Positive Angles Positive Angles  Negative Angles Negative Angles  Seek Advice Seek Advice  Brainstorm Brainstorm  Write it down Write it down  Positive Angles Positive Angles  Negative Angles Negative Angles  Seek Advice Seek Advice

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Fact vs. Opinion How can I tell the difference???

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman FACT VS. OPINION Media Opinions that are repeated over time Research and evaluate Critical thinking!

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Unit Reflection Credible and Reliable Sources Fact vs. Opinion Flexible Thinking Emotional Restraint Avoid Generalizations Be Objective Don’t Assume Ask Questions

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman UNLOCKING THE KEYS TO SUCCESS  EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE. EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.  EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE. EACH CLASS YOU SUCCESSFULLY COMPLETE UNLOCKS ANOTHER PIECE OF YOUR FUTURE.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman See you next week! Continue working on your final project! Continue working on your final project!

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Search and Seizure Chapter 4

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Introduction Of paramount importance in criminal investigations is the officer’s ability to be aware of and work within constitutional and departmental guidelines.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Due Process and the Constitution Bill of rights  Granting individual freedoms Fourteenth Amendment, passed in1868, guarantees three classes of rights:  Privileges and immunities of citizens of the United States  Due process of law  Equal protection under the law

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Fourth Amendment  Unreasonable searches and seizures clause  Warrants clause Fifth Amendment  Privilege against self-incrimination clause Sixth Amendment  Right of confrontation clause  Right to council clause

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Legal Guidelines for Searches The probable cause requirement  The minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested. Exclusionary rule  Courts will exclude any evidence that was illegally obtained even though it may be relevant and material. Mapp v. Ohio

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Fruit of the Poisoned Tree Doctrine If the prosecutions case is based-on evidence that is obtained from an illegal search or seizure then it is considered “tainted.” “Tainted” evidence is inadmissible in a case. Violation of due process  Silverthorne Lumber Co. v. United States (1918)

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Search Incident to Lawful Arrest Chimel v. California (1969)  A search can only be made incidental to a lawful arrest and must be confined to the area around the suspect’s immediate control. Scope of the search  Relates to an officer’s authority to search incident to an arrest

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Exceptions to the Exclusionary Rule Good faith exception  Use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid. Inevitable discovery exception  Evidence that has been seized illegally or evidence stemming from illegally seized evidence is admissible if the police can prove that they would have inevitably discovered it anyway by lawful means. Computer errors exception  Officers acting in good faith based on the information available to them cannot be held responsible for a clerical error made by a court worker.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Searches With a Warrant Authorizes the search of homes, businesses, and vehicles of suspects Typically results in the arrest of multiple suspects Expedites investigation and subsequent case closure Advantages of searching with a search warrant:  Recover stolen property  Seize drugs or other contraband  Seize any other type of property used in the commission of a crime

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Legal Requirements for a Search Warrant It must be authorized by the proper official. It must be issued only for specifically authorized objects. It must be issued on probable cause.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Search Warrant Affidavit Presents facts that the officer believes constitute probable cause to justify the issuance of a warrant. The affidavit tells the judge 3 things:  What is being searched for  Where the search is to occur  Why the search is to be conducted

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman The Warrant Sets forth the same facts out-lined in the affidavit:  Reasons to request the search  Name of the officer requesting the warrant  Items to be seized  Specific place to be searched  Signature of the issuing judge Prior to signing, the affiant (the officer) must be certain that he or she is first sworn in by a judge.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman The Search Warrant Return Name of the officer serving the warrant The date the warrant was served An itemized list of all property seized The name of the owner of the place searched The signature of the officer who served the warrant The signature of the issuing judge

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Execution of the Warrant Once issued, the search warrant is basically an order by the court to execute it.  The officer has no choice but to do so. Execution guidelines may include:  Authorization for a specific officer or class of officer to execute  Time limitations

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Anticipatory Search Warrants Based-on an affidavit showing probable cause to believe that at some future time a specific crime will occur at a specific place. “Triggering condition”  United States v. Grubbs (2004) “…fair probability that contraband or evidence of a crime will be found in a particular place” Probably cause to believe that the triggering condition will occur

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Warrantless Searches Consent Searches  When a suspect gives permission Searches under exigent circumstances  Public safety or loss of important evidence Searches incident to lawful arrest  Search of arrested suspect and the immediate area around him or her Plain-view searches Automobile searches Open-field searches

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Sample Consent-to-Search Form

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Stop-and-Frisk Searches When a crime is suspected to be occurring To investigate suspicious circumstances  “Reasonable suspicion” To make identification of a suspect Terry v. Ohio (1968)

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Field Interviews Versus “Consensual Encounters” Field interviews  Are “seizures” of the person within the meaning of the 4th Amendment Therefore, “reasonable suspicion” applies “Consensual encounters”  An officer may approach and ask a person questions  The individual must reasonably believe that they were “free to leave”  If, during that, evidence is discovered then it may be admitted

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Factors Defining a Field Interview Interference with the suspect’s freedom of movement Number of officers and their behavior Physical contact with the suspect Retaining personal property of the suspect

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman “Terry stop”—Pat-Down Searches Must be based-on reasonable suspicion The right to stop does not automatically give the officer a right to conduct a pat-down search  Certain factors may justify Suspects behavior, number of suspects, time of day, etc. Pat-down is a limited search (“frisk”)

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Plain-View Doctrine Investigation or confiscation of evidence, without a warrant, based on what officers find in plain view and open to public inspection Three criteria:  The officer must be present lawfully at the location to be searched  The item seized must have been found inadvertently  The item is contraband or would be useful as evidence of a crime

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Automobile Searches Carroll Doctrine  The right to search a vehicle does not depend on the right to arrest the driver but on the premise that the contents of the vehicle contain evidence of a crime. Vehicle inventory search  Officers may search a vehicle that is moving or about to be moved, if there is probable cause that the vehicle contains items that are legally seizeable.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Open-Field Searches Open fields are not protected by the Fourth Amendment. A person’s “reasonable expectation of privacy” under the Fourth Amendment does not apply. Curtilage is protected and is related to:  The proximity of the area to the home  Whether the area is within an enclosure surrounding the home  The nature and uses of the area  The steps taken to conceal the area from public view

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Phases of a Search Surveying the crime scene Documenting the crime scene through sketches and photographs Recording all physical evidence Searching for fingerprints

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Search Patterns Indoor crime scene searches Outdoor crime scene searches Nighttime crime scene searches Vehicle searches Body cavity (Strip) searches

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Search Patterns

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Searching the Scene Principle concern is to observe and document the scene rather than take action Rules for collecting evidence  Collected in a comprehensive, nondestructive manner,  within a reasonable period, and  with a minimum of unnecessary movement about the scene.

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Gathering and Preserving Evidence Evidence collected must be consistent with each law enforcement agency’s policy and procedure and should be in keeping with the accepted rules of evidence. Chain of custody  Total accounting of evidence by adhering to guidelines Limit number of evidence handlers Document anyone who handles evidence and changes to condition of the evidence

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Marking the Evidence Evidence has label with:  Case number  Exhibit number  Date and time of seizure  Name and description of articles  Location at time of discovery  Signature or initial of officer making the discovery  Name or initial of others witnessing the discovery

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Method for the Proper Sealing of Crime Scene Evidence

PRENTICE HALL © 2008 Pearson Education Inc. Upper Saddle River, New Jersey CRIMINAL INVESTIGATION The Art and the Science, 5/e By Michael D. Lyman Special Cases in Evidence Handling Infected evidence Hepatitis B Firearms Bullets, cartridges, and empty cases Stains Glass Impressions Drugs Plant material Powdered material Liquid material Tablets or capsules