Module 3F Legal Considerations. Forensic Science Teacher Professional Development

Transcription

1 Module 3F Legal Considerations Forensic Science Teacher Professional Development

2 Fourth Amendment Privileges: The two most important legal considerations for crime scene investigators are the Fourth Amendment right to protection from unlawful search and seizure and what the court considers admissible for scientific evidence. Investigators must consider the Fourth Amendment prior to searching the scene and obtain a warrant to conduct the search. The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the places to be searched, and the persons or things to be seized. To study more about the Fourth Amendment, review the link:

3 Searches Without Warrants: The courts have identified specific allowances where a search can be conducted without a warrant. These allowances include the following: Exigent or emergency circumstances The need to prevent immediate loss or destruction of evidence A search of a person and/or property within their immediate control provided it s made incidental to a lawful arrest A search made by consent of the parties involved Two court cases significantly impacted the warrantless search and provided the police with guidelines on determining when a warrantless search can be conducted: Mincey v. Arizona and Michigan v. Tyler.

4 Searches Without Warrants: Review each case to see the court s ruling. Mincey v. Arizona Michigan v. Tyler

5 Warrants and Probable Cause: Warrants are issued and arrests made if the evidence can demonstrate probable cause. Probable cause is defined by the Fourth Amendment as a necessary element of a legitimate or legal search and seizure; a reasonable ground to believe that someone is committing or has committed an offense. It must amount to more than just suspicion but need not rise to the level of evidence justifying conviction. Probable Cause

6 Rules for Admissibility of Scientific Evidence: To determine the admissibility of scientific evidence, there must be method validation and laboratory validation. The evidence must also be relevant to the investigation and reliable. After the case Frye v. United States, the court issued a test, called the Frye rule, for determining admissibility. The Frye rule states that the principle governing admissibility is the general acceptance of the test s underlying principles by the scientific community to which the test belongs.

7 Rules for Admissibility of Scientific Evidence: Summary of Frye v. United States Basically, the evidence and the analysis method must have general acceptance in the scientific community. The federal courts have since issued a set of criteria for scientific evidence called the Daubert Standard after case William Daubert et. ux. etc., et al. v. Merrell Dow Pharmaceuticals, Inc. This standard creates a more rigorous test for scientific admissibility.

8 Rules for Admissibility of Scientific Evidence: Summary of William Daubert et. ux. etc., et al. v. Merrell Dow Pharmaceuticals, Inc. Using both the Frye rule and Daubert Standard, the federal courts have developed the Federal Rules of Evidence. These rules apply to federal cases only, but many states have adopted them.

9 References Gardner, Ross M. Practical Crime Scene Processing and Investigation. CRC Press, (2005). Gerberth, Vernon J. Practical Homicide Investigation, CRC Press (1996). Inman, Keith and Rudin, Norah Principles and Practice Of Criminalistics. CRC Press (2001). Saferstein, Richard Criminalistics: An Introduction to Forensic Science. Prentice Hall (2010).

10 End of Module 3 Forensic Science Teacher Professional Development