Consent to Search. Proper standing: persons who have legal control or a legal right to the dwelling or vehicle.

Transcription

1 Crime Scene Search

2 Consent to Search Written/Verbal consent by parties with proper standing Always get consent in writing. Verbal consent is allowed however difficult to uphold in court. If possible have a witness sign the consent to search. Person signing consent must have the mental capacity to consent. Proper standing: persons who have legal control or a legal right to the dwelling or vehicle.

3 Consent to Search (cont.) Consent must be given voluntarily. Consent can be withdrawn at any time. Burden of proof showing that consent was lawfully obtained is on the police. Consent must be obtained from all parties present. Example: if a husband and wife are present, both must give consent

4 Objectives of a Crime Scene Search The search should be guided towards determining whether or not a crime has been committed, and if so, the elements of the crime. Locating specific physical evidence to corroborate witness statements and explain what occurred. To support or reject any proposed theories as to what occurred and how.

5 Search Patterns Point to Point Strip Search Double Strip Search Quadrant Spiral Aerial

6 Point to Point Search Preliminary step in evaluating the scene. Moves in order of appearance of evidence. Advantage: the scene can be evaluated quickly. Disadvantage: often disorganized.

7 Most effective for large outdoor scenes. Stakes or lines can be used to set up lanes. Very thorough method that allows utilization of additional personnel. Searchers can be alternated from strip to strip. Strip Search

8 This is a strip search that takes place in two directions. For example, after searching from north to south, have the searchers move from east to west. Increases thoroughness of the search. Double Strip Search

9 Quadrant/Sector Search Most effective for indoor or outdoor scenes with regular patterns or assigned borders. Resembles a grid. Often used on indoor scenes (room to room). Permits different search patterns to be used in each sector if needed.

10 Circular/Spiral Search Search proceeds in a circular motion. Can effectively be used by one officer. Useful when an item is missing from the center of a crime scene. May start at center of scene or on outer perimeter.

11 Ariel Search An aerial search is a search conducted by a fixed wing aircraft or helicopter. Useful for searches covering large expanses of land.

12 Rechecking an Area When evidence is not found Alternate search groups Alternate searchers within groups Utilize all of your resources When Preparing to Leave Always complete an exit search, looking for anything (including evidence) that might have been missed, including your own tools and equipment.

13 When choosing a search pattern consider the following: The size of the area to be searched. Number of personnel available for the search. Any needs for specialized equipment. Evaluation of possible hazards present. The physical characteristics of the area to be searched (size, vegetation density, indoor or outdoor scene, etc.) Size of object being searched for. The degree of thoroughness required ( most important factor).

14 Implementing the search (In order of significance) 1. Coordinated by one officer (lead investigator, supervisor, etc.) 2. Determine a starting point 3. If using multiple officers, establish headquarters outside the area to be searched 4. Conduct a briefing session 5. Establish speed at which the search will be conducted 6. Maintain communications with searchers

15 Assessment 1. What type of search should you use if your crime scene has 2 acres of land to cover?

16 Assessment 2. What type of search should be used to search 20 acres of land?

17 3. What type of search would be best for this scene? Assessment

18 Assessment 4. What must you obtain prior to executing a search? Written/Verbal consent by parties with proper standing Always get consent in writing. Verbal consent is allowed however difficult to uphold in court. If possible have a witness sign the consent to search. 5. Give one objective of conducting a search. The search should be guided towards determining whether or not a crime has been committed, and if so, the elements of the crime. Locating specific physical evidence to corroborate witness statements and explain what occurred. To support or reject any proposed theories as to what occurred and how.

19 Court Cases Mincey V State of Arizona, 1978 Thompson V Louisiana, 1984 Michigan V Tyler, 1978 Oliver V United States, 1984 Bumper V North Carolina, 1968 Research Assignment: pick one court case above and write one page typed - paper regarding the case. Need to include How evidence obtained at the crime scene is crucial to a successful case. Outcome of the criminal case. (new laws, convicted or not convicted, overturned, etc) DUE TUESDAY, SEPTEMBER 8 TH NO PLAGERISM!!!