1. Criminal Investigation Basic Perspectives CHAPTER Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston THIRTEENTH EDITION Rules of Evidence and Arrest 2

2. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Introduction No evidence is admissible in court unless it is relevant. Relevance is the connection between a fact offered in evidence and the issue to be proved. Evidence must also be material.  It is considered material if it is important or substantial, capable of influencing the outcome of the trial. continued on next slide

3. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Introduction Evidence must be obtained lawfully. A search for evidence must be reasonable. Any search conducted as a result of a lawful warrant is, on its face, reasonable. There are a number of exceptions to the search warrant requirement.

4. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Search Warrants Fourth Amendment of the Constitution protects against unreasonable searches and seizures by all government officials. To obtain a search warrant, the investigator must prepare a written application that outlines the probable cause for the search. continued on next slide

5. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Search Warrants The application is reviewed by a judge or magistrate. The judge or magistrate determines reasonableness by considering all the circumstances in each case. Probable cause exists when there are enough facts to lead a reasonable and prudent person to think that criminal activity is fairly probable. continued on next slide

6. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Search Warrants The investigator must provide sufficient detail in the warrant application to identify the location of the requested search. In the description of the persons or things to be seized, the investigator must outline exactly what is being sought. continued on next slide

7. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Search Warrants In emergencies, the investigator can obtain a search warrant over the telephone. Fourth Amendment restrictions do not apply to private individuals as long as they are not acting as government agents.

8. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Consent search  The person voluntarily consents to the search.  A person has an absolute right to refuse to consent to a search. continued on next slide

9. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Consent search  A person can revoke consent at any time.  The investigator should get the consent in writing to substantiate the voluntariness of the consent. continued on next slide

10. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Consent search  If consent is obtained by deceit, trickery, or misrepresentation, the search is unreasonable.  If the consent was obtained without coercion or promises, the search was reasonable. continued on next slide

11. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Stop and frisk  The Supreme Court has ruled that police may temporarily detain a person for questioning. Reasonable suspicion that criminal activity may be involved continued on next slide

12. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Stop and frisk  The person may be patted down for weapons if the officer has reasonable suspicion that it is necessary for the officer's safety. continued on next slide

13. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Plain view exception  If the officer is lawfully in a position to view an object and if the incriminating character of the object is immediately apparent  Effecting an arrest continued on next slide

14. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Plain view exception  Executing a search warrant Even though the evidence was not specifically described in the warrant  Pursuing a fleeing suspect  Responding to an emergency continued on next slide

15. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Search incident to a lawful arrest  The scope of this search includes the person of the arrestee. Also includes the area into which the arrestee could reach at the time of the arrest to retrieve a weapon or destroy evidence May also search adjoining areas for persons posing a threat to the officers continued on next slide

16. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Vehicle Warrantless Searches Motor vehicle stop  This is an exception because of the mobility of the vehicle and their use in transporting weapons, stolen goods, and contraband.  Requires the existence of probable cause  Motor homes, houseboats, and airplanes are also included.

17. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Vehicle Warrantless Searches Motor vehicle stop  Includes locked containers, such as vehicle trunks and suitcases  Impound procedures  Inventory of the vehicle's contents Routine administrative custodial procedure May be lawfully seized and admissible as evidence

18. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Open fields  Not protected by the Fourth Amendment  Homes, persons, effects and paper are protected.  Lesser expectation of privacy in an open field  Open fields includes lands and forests.  Curtilage is the area immediately surrounding a dwelling. continued on next slide

19. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Exigent circumstances  A reasonable belief that the evidence may be immediately destroyed  Hot pursuit of a suspect whom the investigators reasonably believe is in the area to be searched continued on next slide

20. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Warrantless Searches Exigent circumstances  An immediate need to protect or preserve life  A threat to the safety of the officers conducting a protective sweep of the premises, for other suspects

21. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Exclusionary Rule Police conduct an unlawful search or seizure  Illegally obtained evidence is inadmissible in court. Fruit of the poisonous tree doctrine  Evidence derived from an illegal search is inadmissible because of its original taint. Weeks v. United States (1914)

22. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Arrest vs. Detention Three categories of police encounters with the public 1.Voluntary or consensual stop Least intrusive 2.Investigative detention or stop and frisk encounter continued on next slide

23. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Arrest vs. Detention Three categories of police encounters with the public 3.Arrest Most intrusive Must be based upon probable cause. Usually occurs when the crime has just occurred and the person to be arrested is in the presence of the investigator Arrest warrant is not necessary.

24. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Arrest Warrants Necessary when a person to be arrested is unavailable or his or her identity is not known at the time Similar to search warrant procedure The investigator needs not possess the warrant.

25. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Locating the Suspect Early alarms contain fragmentary identification.  More detailed information is published if this fails. Evidence collected will be collected, recorded, and preserved. Warn arrested persons of their constitutional rights to silence and legal counsel

26. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Broadcast Alarm Broadcast alarms or pickup orders  Alert other police units to the recent crime  First officer on the scene or the investigator has the responsibility to obtain the best possible physical description of the criminal and car. continued on next slide

27. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Broadcast Alarm Content of wanted notices is based on characteristics that are observable and that will guide searching police. It is usually limited to describing persons, vehicles, and weapons.  Can include description of clothing or absence of clothing and vehicle descriptions continued on next slide

28. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Broadcast Alarm Records as sources of information  City and county Vital statistics, tax, welfare, courts, schools  State Tax records, motor vehicle license and registration files continued on next slide

29. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Broadcast Alarm Records as sources of information  Federal FBI or other federal law enforcement agencies  Private Moving companies, telephone company, other public utilities Chamber of Commerce, banks, finance companies

30. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Wanted Notices Should provide full information about the fugitive and about areas in which he or she is likely to be found. Standard content is a photograph or sketch of the fugitive, his or her fingerprints, and an extensive personal description. continued on next slide

31. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Wanted Notices Four purposes of modern wanted notice 1.To provide sufficient identifying characteristics 2.To alert other law enforcement officers to the nature and character of the fugitive, his or her criminal history, and if armed and dangerous continued on next slide

32. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Wanted Notices Four purposes of modern wanted notice 3.To suggest activities and areas in which a search or surveillance may locate the fugitive 4.To delineate the crime in sufficient detail to alert officers to potential legally significant evidence available at time of arrest

33. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Arrest Meaningful evidence may be collected at the time of the arrest that will connect the prisoner with the crime. An excellent time to guard against faulty identification of the arrestee Search incident to arrest  May produce transfer evidence  The search is confined to the person and vicinity of the arrest. continued on next slide

34. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Arrest A complete body search is made at the time of booking.  Suspect's clothing may be seized.  Rochin v. California (1952) continued on next slide

35. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston The Arrest The suspect's criminal history file should include as much information as possible.  Name, sex, race, residence, occupation, physical description, speech, habits, type of crime, associates  Fingerprints and photographs  Rap sheet

36. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation The orderly array of information collected during an investigation  All the reports, documents, and exhibits in a case The preparation of a synopsis of the individual material in the case An abstract written without personal conclusions, opinions, or facts The round-up time of an investigation continued on next slide

37. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Guidelines to evidence likely to have legal significance in establishing the accused's identity.  A witness who has seen the suspect commit the crime  A witness who has seen the suspect at the crime scene continued on next slide

38. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Guidelines to evidence likely to have legal significance in establishing the accused's identity.  A witness who observed the suspect in the neighborhood  Physical evidence at the scene that places the suspect at the scene continued on next slide

39. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Guidelines to evidence likely to have legal significance in establishing the accused's identity.  Connect-ups The suspect possessing the vehicle that witnesses will testify was used in the crime The suspect having the proceeds of the crime continued on next slide

40. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Guidelines to evidence likely to have legal significance in establishing the accused's identity.  Connect-ups The suspect having an unexplained injury The suspect having the weapon used in the crime The suspect having been interviewed by an officer at or near the crime scene continued on next slide

41. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Possible defenses the accused might raise  Variances in the original descriptions and the actual description of the accused person  Other errors in evidence or variances in statements of witnesses continued on next slide

42. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Possible defenses the accused might raise  A well-supported claim of alibi  A widespread distrust of eyewitness identification continued on next slide

43. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Affirmative evidence of the body of the crime (corpus delicti)  Time and date of the crime and the territorial jurisdiction in which it happened  Name by which the accused person has been identified continued on next slide

44. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Affirmative evidence of the body of the crime (corpus delicti)  Essential elements of the crime charged  Specification of the criminal agency used to accomplish the crime and the name of the victim continued on next slide

45. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Negative evidence is the countering defenses to the crime charged.  Standard negative evidence defenses The defendant did not commit the crime. The defendant did commit the crime. No crime was committed. continued on next slide

46. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Lawful procedures  Affirmative proof to dispel any allegations of unlawful activity by the police Nothing suggestive or improper in locating and interviewing witnesses The reasonableness of the search and the integrity of collecting and preserving evidence continued on next slide

47. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Case Preparation Lawful procedures  Affirmative proof to dispel any allegations of unlawful activity by the police A reasonable surveillance that meets the requirements of due process The voluntariness of a confession together with other due process requirements

48. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Decision to Charge The decision to charge is not a function or responsibility of the investigator. The prosecutor decides to prosecute or dismiss. continued on next slide

49. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Decision to Charge Prosecutors may waive prosecution.  Exchange for information or testimony against a more hardened criminal  The conservation of resources may suggest a negotiated plea.

50. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Closing an Investigation An investigation is successful when the crime under investigation is solved and the case closed. Reasons for closing an investigation without an arrest  The case is unfounded.  The offender dies. continued on next slide

51. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Closing an Investigation Reasons for closing an investigation without an arrest  Murder/suicide  The perpetrator confesses on his or her deathbed.  Uncooperative victim continued on next slide

52. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Closing an Investigation Reasons for closing an investigation without an arrest  A confession is made by an offender already in custody for another crime.  The perpetrator is in another jurisdiction.  Plea negotiation continued on next slide

53. Copyright © 2016, 2012, 2009 by Pearson Education, Inc. All Rights Reserved Criminal Investigation: Basic Perspectives, 13e Lushbaugh | Weston Closing an Investigation The criminal investigation function can be terminated  Results have been obtained in full; the case is cleared by arrest or exceptional means.  Results have been obtained in part, and no further results can be obtained.  No results can be obtained.