Do now: What are the major characteristics for grouping physical evidence?

THE CASE: Thousands of people attend a professional sporting event. During the event, a person drives around in a large vehicle for nearly a quarter of an hour. The driver does not count the number of laps completed and doesn’t appear to be competing in anyway. The spectators often appear disinterested and don’t bother to cheer when the driver finishes. THE MYSTERY: What is the vehicle’s purpose and what is the event? CLUES: The vehicle is designed for the facility where the man drives. The event takes place in doors. The vehicle is not part of the event. The event has 12 active contestants. The event is more popular in Canada than Nevada. The vehicle is not Italian, but its name is Zamboni.

Classification of Evidence Aim: How do we group evidence?

Physical Evidence - Point of Entry a. Subject tends to be nervous and in a hurry at this point and is often somewhat careless. b. Physical evidence to look for at the point of entry. –Examples shown (next slide)are possible evidence that may be found and collected at the crime scene, but are NOT all inclusive. The only evidence that cannot be found is that which is not looked for.)

"Golden Rule" of Crime Scene Investigation/Management a. "Never touch, change, or alter anything until it has been documented, identified, measured, and photographed... when a body or article has been moved, it can never be restored to its original position." b. Exceptions: –(1) If the potential exists that an item of evidence (weapon) could be used to cause harm/death to someone at the scene. –(2) If the potential exists for an item/evidence to be lost, contaminated or destroyed: "Transient evidence" is that type of short-lived evidence subject to damage or destruction by exposure to the elements." "Evidence which changes with the passage of time."

Crime Scene Search as a General Process a. Approach the scene. b. Secure and protect the scene. –To "secure" is to close access. –To "protect" is to deny access. c. Identify, remove, and separate the witnesses from the scene. d. Perform preliminary survey of the scene. –Establish control. –Determine extent of search. –Develop preliminary theory. –Identify evidence. –Begin narrative. e. Record narrative description of the scene. –Notes - keep forever. –Audiotape – use new tape, maintain tape in chain of custody as evidence, transcribe. –Videotape (sight/sound) - "hears all, sees all," disconnect sound.

f. Make photographic record of the scene. g. Sketch the scene. Document true relationship of items, locations and distances. h. Evaluate items with potential evidential value. Can be joint effort. i. Perform detailed search of scene. –"No stone unturned“ j. Record, collect, mark, and preserve evidence. k. Perform final survey of the scene and double- check documentation and thoroughness of search. l. Release the scene. Formal declaration by investigator in charge.

Death Scene Hierarchy All deaths/death scenes are to be treated as worst case scenarios until the point is reached where all the collected information and evidence indicates otherwise.

Plastic bag processed for prints

Make photographic record of the scene.

Evidence Collection Tools

Important Definitions Crime Scene A place where a crime has taken place. A starting point for a criminal investigation. There is no "crime scene exception" to the Fourth Amendment. –That is, once the emergency is over, and police have secured the scene, then the police must comply with Fourth Amendment requirements. If the scene is a protected area such as a house or private part of a business, then a search warrant or consent (in writing preferred) from the person in possession must be obtained. Of course officers can secure and protect the scene until these requirements are met (Flippo v. West Virginia).

Evidence "Anything which is legally submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it"

Direct evidence –"That which (if true) proves the fact in dispute... in the case of a witness...it is the result of personal knowledge derived through one or more of the five senses" Indirect or circumstantial evidence –"That which (if true) tends to establish an issue in dispute by proving another fact...[it] does not... conclusively establish that issue, but causes an inference or presumption of its existence" Real or physical evidence –"May include almost any (tangible) object...that is directly linked to crime charged and may be observed by a judge and /or jury" Circumstantial physical evidence –Example: Witness testimony that an accused was known to own a revolver of the same make and caliber of that used in the commission of a homicide. Testimonial evidence –"That which is supplied through the verbal testimony of a witness (or suspect)" Circumstantial testimonial evidence –Example: The perpetrator of a crime was observed wearing a red shirt with vertical blue stripes; the individual accused of the crime owns such a shirt.