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Legal Consideration. Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches.

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Presentation on theme: "Legal Consideration. Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches."— Presentation transcript:

1 Legal Consideration

2 Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

3 Search warrant- legal document that allows a search of self or property Search warrant- legal document that allows a search of self or property Warrantless search- Warrantless search- The existence of emergency circumstances The existence of emergency circumstances The need to prevent the immediate loss or destruction of evidence The need to prevent the immediate loss or destruction of evidence A search of a person and property within the immediate control of the person provided it is made incident to a lawful arrest A search of a person and property within the immediate control of the person provided it is made incident to a lawful arrest A search made by a consent of the parties involved A search made by a consent of the parties involved

4 Fifth Amendment The right against self incrimination The right against self incrimination Miranda Rule- you have the right to remain silent and have an attorney present before questioning Miranda Rule- you have the right to remain silent and have an attorney present before questioning

5 Three Facets of Guilt Motive- did they have a reason to commit the crime Motive- did they have a reason to commit the crime Means- was it physically possible Means- was it physically possible Opportunity- do they have an alibi Opportunity- do they have an alibi

6 Medical Examiner Functions Functions Identify the deceased Identify the deceased Establish the time and date of death Establish the time and date of death Determine the medical cause of death and the manner of death Determine the medical cause of death and the manner of death Protect the estate of deceased Protect the estate of deceased Notify the next of kin Notify the next of kin

7 Medical Examiner or Coroner??? Medical Examiner - A medical doctor - Appointed by governing body - Usually a pathologist Coroner - Elected into position - Needs no medical training

8 The Body Postmortem lividity or LIVOR MORTIS- blood settling and causing the skin to change colors Postmortem lividity or LIVOR MORTIS- blood settling and causing the skin to change colors Begins immediately upon death Begins immediately upon death 30 minutes- first seen on fair-skinned individual 30 minutes- first seen on fair-skinned individual 4 to 8 hours- all blood capillaries sets permanently 4 to 8 hours- all blood capillaries sets permanently

9 Livor Mortis Between 1 to 8 hours livor mortis can be affected by finger pressure Between 1 to 8 hours livor mortis can be affected by finger pressure Blanching- light colored marks made by pressure of the fingers Blanching- light colored marks made by pressure of the fingers Armpits- where a trained investigator will begin WHY???? Armpits- where a trained investigator will begin WHY???? Livor mortis helps determine the time of death and tell if the body has been moved

10 Rigor Mortis The period of time that the body goes through a state of rigidity The period of time that the body goes through a state of rigidity Results from lactic acid; body changes from alkaline to acidic Results from lactic acid; body changes from alkaline to acidic Begins with shorter muscles of face and extremities, fingers/toes; then the neck; moves down and out along muscles; forearms and legs stiffen last Begins with shorter muscles of face and extremities, fingers/toes; then the neck; moves down and out along muscles; forearms and legs stiffen last

11 Time Periods 1-4 hours- jaw and neck rigid; body limp 1-4 hours- jaw and neck rigid; body limp Up to 8 hrs.- everything down to legs is rigid Up to 8 hrs.- everything down to legs is rigid For 12 hrs.- everything remains rigid For 12 hrs.- everything remains rigid 24 hrs.- jaw is limp body rigid 24 hrs.- jaw is limp body rigid 36 hours- no rigidity and some form of decomposition 36 hours- no rigidity and some form of decomposition

12 Exceptions?!? Starvation, extreme temperatures, physical exertion, victims of drowning and fire can all effect the signs of rigor mortis Starvation, extreme temperatures, physical exertion, victims of drowning and fire can all effect the signs of rigor mortis

13 Decomposition Bacteria- CO 2 is a by-product; abdominal swelling Bacteria- CO 2 is a by-product; abdominal swelling Blood vessels- discoloration near skin in upper abdomen; marbling effect; darker red to purple to green Blood vessels- discoloration near skin in upper abdomen; marbling effect; darker red to purple to green Putracine- vile smelling; nauseating odors Putracine- vile smelling; nauseating odors

14 Algor Mortis Loss of heat by a body Loss of heat by a body Take two ways: Rectal temperature (RT)/ Liver temp (LT) Take two ways: Rectal temperature (RT)/ Liver temp (LT) Temp will begin to drop @ 1 hour after death and will drop 1-1.5°F every hour Temp will begin to drop @ 1 hour after death and will drop 1-1.5°F every hour When do you think the temperature will stop dropping? When do you think the temperature will stop dropping? Size of body, temp. at death, scene temp. can effect temperature loss Size of body, temp. at death, scene temp. can effect temperature loss

15 Manner of Death/ Cause of Death Manner of Death - Accident - Suicide - Homicide - Natural causes - Undetermined Cause of Death - Brain damage - Suffocation - Drowning - Neck injuries - Stab wounds - Gunshot wounds

16 How to tell the difference? Manner of death- you just need to memorize the five! Manner of death- you just need to memorize the five! Cause of death- the most obvious, easy to explain reason Cause of death- the most obvious, easy to explain reason Mechanism of death- how blood flow or oxygen was cut off from the body, it’s the technical, inside the body explanation Mechanism of death- how blood flow or oxygen was cut off from the body, it’s the technical, inside the body explanation

17 The Cause of death must have a Mechanism for death Examples Brain damage- cause of death Mechanism- hematoma (different kinds; can be blood clots between skull and brain or free blood within brain tissue) Suffocation- cause of death Mechanism- SIDS- when all know causes have been eliminated Positional asphyxiation- position of body such that breathing is impaired

18 Drowning- cause of death Mechanism- water in the lungs cuts off oxygen supply Neck injuries- cause of death Mechanism- cutting off the airway, collapsed trachea

19 You Try!! Puncture vital organs Stab Wounds Loss of blood Homicide


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