1. Problems of Crime Scene Management

2. Legal Issues Are we here legally? Can we search? Do we need a warrant?
Where can we search?
What can we take?

3. Michigan v. Tyler January 21st February 16 Emergency circumstances
Criminal Investigation
Scene is left unprotected from 4am until 8am
February 16
Re-entry by police
More photos and evidence collected

4. Mincey v. Arizona Undercover officer shot and killed during raid
Homicide detectives make a four day warrantless search of the scene
Suspect is interrogated in the hospital
Asks for a lawyer but questioning continues
“murder scene exception” created by AZ. Supreme Ct. - unconstitutional

5. Mincey v. Arizona
Seriousness of the offense does not itself create exigent circumstances
All people were accounted for before the search began – no emergency existed
Does the person have an expectation of privacy in the location?

6. Don’t assume this issue has been considered
Ask about it before you begin your scene work
Review the warrant before you begin
Copy of warrant and list of items collected left at scene

7. Warrantless Search Incident to arrest Chimel v. California
“within his immediate control”
Where he might gain a weapon or destructible device
Prevent the destruction of evidence
Either officer safety or evidentiary concerns must exist – but not both

8. Warrantless Search Consent Voluntary – not coerced
Scope of search can be limited
Written or verbal
Recorded if possible
Engage in conversation prior to obtaining consent
Can the person give consent?
Common areas
Withdrawal of consent

9. Warrantless Search Consent Motel employee
Parent consents to minor child
Minor child consent to parents
Spouse
Co-tenant

10. Warrantless Search Plain view
Police must be lawfully present in a place from which the object can be plainly seen
Before an object can be seized the police must have probable cause that the object is subject to seizure under the law without further movement, manipulation or further intrusion on the persons expectation of privacy

11. Warrantless Search
Plain view categories of subjects that can be seized:
Property that constitutes evidence of the commission of a crime
Contraband, the fruits of a crime or things otherwise criminally possessed
Property designed or intended for use or which is or has been used as the means of committing a crime

12. Warrantless Search Plain View
Police must have a lawful right of access to the object
Even if the officer can see the object from a place they are lawfully present, the officer cannot seize it unless there is a lawful right of access to the object itself
Taylor v. U.S. – police look through opening in garage and see cases containing illegal liquor. Cannot be seized because it is in a Constitutionally protected area
Does seeing it constitute probable cause?

13. Warrantless Search Automobile Exception
Carroll Doctrine – LEO has probable cause that the vehicle contains items subject to seizure
Arizona v. Gant
Search of auto incident to arrest only if:
Arrestee is within reaching distance of the passenger compartment at the time arrested OR
It is reasonable to believe the vehicle contains evidence of the offense of the arrest
Inventory

14. Warrantless Search Stop and Frisk Terry v. Ohio
Reasonableness standard established
Outer clothing search for weapons

15. Warrantless Search Exigent Circumstances/Fresh pursuit
Police can, without a warrant, seize evidence that can be easily moved, destroyed, or otherwise made to disappear before a warrant can be issued
Emergency aid
Threat of violence
Hot Pursuit
Risk of escape
Risk of loss of evidence

17. If there is any doubt….
GET A WARRANT!!!!!

18. 3 Significant Problems
Duties of the first officer(s) to arrive at the scene
Exchange of information between investigators
Emphasis and recognition of physical evidence

19. Duties of first responders
Shut down the area and establish control
Use whatever is available
Needs to be done ASAP
Provide first aid
Police officer with victim/suspect to hospital
Statements taken
Physical evidence collection – chain of custody
Isolate witnesses/suspects
Separated – take their ID

20. Duties of first responders
Who is who
Victim? Witness? Suspect?
Who’s the best witness
Make arrest when appropriate
Don’t be premature in this
Miranda?
Prevent physical evidence from being destroyed – accidentally or on purpose

21. Duties of first responders
Info out to other units
May not need everyone at the scene
Descriptions, direction of travel, destination, items they may have on them
Listen carefully to what is being said
To you and to others they may be talking to
Watch carefully to see what is not being said
Body language
Do I need help with this?
Know when you are in over your head
This is the key to this job

22. Duties of first responders
Your investigation
Organization
Thoroughness
Caution
Somebody is going to have all the time in the world to critique your work
Most likely to lose evidence early in the investigation

23. Duties of first responders
First responding officers MUST be trained in recognizing evidence and scene preservation
Them recognizing the evidence is CRITICAL to the success of the investigation

24. L-O-L-O L – Lock O - On L - Lock O – Out
Develop a theory about what happened
Remain open to other possibilities
Support your theory with facts – statements and physical evidence
Reconstruct the scene to the extent possible

25. Exchange of Information Between Investigators
Statements
Physical
Evidence

26. Exchange of Information Between Investigators
The physical evidence is also talking to you but it up to you to recognize it
Detectives and Evidence Techs need to constantly share information
During the investigation – scene liaison
As reports are received in follow up and trial prep
We limit ourselves if we are not doing this

27. Emphasis and Recognition of Physical Evidence
Many police departments do not emphasize physical evidence as much as they should
This includes what is possible from lab analysis
Crime scene personnel should be training first responders (Police/Fire/EMS) /Detectives /Prosecutors

28. Emphasis and Recognition of Physical Evidence
Most cases have problems in the early stages of the scene investigation
This field is in constant flux and those in it need to stay current

29. Terminology
FORENSIC SCIENCE—The application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence for criminal and civil law or regulatory issues

30. Terminology Criminalistics
The scientific discipline directed to the recognition, identification, individualization and evaluation of physical evidence by application of the physical and natural sciences to law/science matters

31. Terminology
Evidence
That 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
Physical evidence and testimonial evidence

32. Making the connection
SCENE
VICTIM
SUSPECT

33. Identification Terminology
Currently being revised for each forensic discipline (July 2016)
Latent Print Identification ONLY
1. The examiner may state or imply that an identification is the determination that two friction ridge prints originated from the same source because there is sufficient quality and quantity of corresponding information such that the examiner would not expect to see that same arrangement of features repeated in another source. While an identification to the absolute exclusion of all others is not supported by research, studies have shown that as more reliable features are found in agreement, it becomes less likely to find that same arrangement of features in a print from another source.

34. Terminology Class characteristic evidence
No matter how much the evidence is analyzed it can only be placed within a category or group and cannot be attributed to a single source
This determination may depend upon the quality of the evidence

35. Terminology Trace Evidence
Microscopic evidence or minute amounts of a particular item
Hairs, fibers, botanical material, paint…

36. Terminology
Transient Evidence
Evidence which changes over time

37. Terminology Chain of Custody
Documentation which proves the integrity of the evidence. Who has had contact with it and what changes have been made to it from the time it was collected until it is presented in court.

38. Terminology
Locard’s Exchange Principle
Every contact leaves a trace

39. Terminology Crime Scene
That location where a violation of law has occurred
Primary scene v. satellite scene

40. Goals of Physical Evidence
R-I-P
Reconstruction
Identification
Probable Cause

41. Reconstruction
Recognizing and interpreting the physical evidence in an attempt to sequence events
Using the presence, location and position of items at the scene to reconstruct events

42. Identification
Identification of suspect(s) and linking them to the scene
ANY statement made by the suspect is critical
SCENE
VICTIM
SUSPECT

43. Probable Cause
Using physical evidence to establish probable cause for arrest and/or search warrant
Scene information should be included in the affidavit for the search warrant

44. To achieve R-I-P
Recognize, collect, preserve and analyze the physical evidence
Document the scene and search thoroughly
Consider ALL the evidence
Exculpatory evidence must be included
Lock on/Lock out (LOLO)

45. Expert Testimony
The judge determines who will be allowed to testify as an expert
Judge will determine expertise by degrees, certificates, certification, experience, membership in organizations and previous expert testimony
Expert witness is allowed to give opinion testimony

46. Expert Testimony
Lay witness can only testify to what they have first hand knowledge of – what they have seen or heard
The weight given to the expert’s testimony by the judge or jury will depend upon the experts background, demeanor and ability to explain themselves

47. Expert Testimony
The opinion given by the expert can be ignored during deliberations
Preparation
Presentation
Know the case inside and out
Preview the courtroom

48. Crime Scene Reconstruction
One method is Event Analysis
Incident – based on events
Events – based on segments
Event segments – based on evidence
Sequence the events to the extent possible – based on recognition and interpretation of the evidence

49. The Process Collect data Establish event segments
Based on data/evidence/observations
Establish which event segments are related to each other
Sequence the related segments
Establish a flow for the event

50. Consider ALL possible sequences
Sequence the individual events
Create a flow chart to lay out the sequence

51. Evidence Evaluation What is it? What function did it serve?
What does it tell us about timing and sequence?
How is each piece related to one another?