Mark Ball - Burglary Importance of Crime Scene Processing 1. Criminal cases can be won or lost at the scene of the crime 2.The heart of a successful prosecution is in a careful, accurate, thorough investigation and gathering of evidence 3.Evidence must be obtained legally in a way which can be used in a courtroom Importance of Crime Scene Processing 4. Anything found at the crime scene should be considered evidence until you determine otherwise 5. The investigation of almost every crime employs similar steps in order to prevent mistakes 6. Every police officer should become familiar with good investigative techniques Purpose of Investigation 1. The primary purpose of any type investigation is to gather information and evidence 2. Evidence consists of all means by which an alleged fact is proven or disproven 3. Never touch, move, or alter anything until it has been identified and photographed Protection of the Crime Scene 1. The chain of custody is important 2. It allows an officer to explain and document what has happened to evidence from the time it was discovered until its presentation in court 3. Avoid unnecessary number of people in chain of custody 4. Every item must be considered as potential evidence 5. It is better to have “too much” than not enough First Responder Responsibilities 1. Initial receipt of information-record a. Date and time b. Method of transmission 1. Radio call 2. Telephone 3. Bystander 4. Pager/Cell First Responder Responsibilities c. Identity of person giving information d. Weather conditions e. Location of dispatch f. Brief details ??? 2. Scene arrival a. Record exact location b. Record exact time of arrival c. Record description of scene and surroundings First Responder Responsibilities d. Weather/temperature conditions e. Lighting conditions f. Be cognizant of others present at the scene: 1. Police personnel 2. Non-police personnel 3. Suspects may linger as well as witnesses PRIMARY RESPONSIBILITIES OF THE FIRST RESPONDER TO A CRIME SCENE: • ASSIST THE VICTIM • PROTECT THE CRIME SCENE • DENY ADMISSION TO UNAUTHORIZED PERSONNEL • RESTRICT OR DENY MOVEMENT OF WITNESSES OR SUSPECTS SO AS TO PREVENT POSSIBLE CONTAMINATION/DESTRUCTION OF EVIDENCE • APPREHEND THE OFFENDER PRIMARY RESPONSIBILITIES OF THE FIRST RESPONDER 1. Assist the victim Protection of life takes precedence and when necessary, assist giving aid on the scene 2. Protect the crime scene Implement strict security measures a. Rope or tape off area b. Assignment of officers to posts c. Restrict or deny admission to wellintended relatives or friends PRIMARY RESPONSIBILITIES OF THE FIRST RESPONDER 3. Deny admission to unauthorized personnel a. Neighbors b. News media personnel c. Curious law enforcement officers not assigned to the investigation 4. Restrict or deny movement of witnesses or suspects so as to prevent possible contamination/destruction of evidence PRIMARY RESPONSIBILITIES OF THE FIRST RESPONDER 5. Apprehend the offender a. Make immediate apprehension if offender is still on scene b. Initiate broadcast of offender if not on scene c. If offender has been injured, have other police officers check local hospitals for possible treatment INDOOR CRIME SCENE SEARCH 1. Type of search plan is determined by: a. Number of personnel involved b. Size of area c. Contents of the area 2. Remember to use your imagination, do not overlook anything. Look up! 3. Keep possession of scene as long as it takes to complete investigation-May need to leave a police officer to guard or obtain a search warrant OUTDOOR CRIME SCENE SEARCH 1. Rope or tape off 2. Divide into segments if a large area 3. May become necessary to go over several times FIVE CRIME SCENE SEARCH PATTERNS 1. STRIP METHOD 2. GRID METHOD 3. SPIRAL METHOD 4. ZONE METHOD 5. WHEEL METHOD STRIP GRID SPIRAL ZONE WHEEL THREE MAJOR TYPES OF EVIDENCE • Direct Evidence • Indirect Evidence • Real Evidence THREE MAJOR TYPES OF EVIDENCE 1. DIRECT EVIDENCE a. Evidence which is a fact all by itself b. It stands on its own two feet and without any other explanation, proves the point 2. INDIRECT EVIDENCE a. Also known as circumstantial evidence b. It is that evidence that, in itself, does not directly prove the fact in issue but establishes a certain fact or series of facts which tend to prove certain elements of the case or question THREE MAJOR TYPES OF EVIDENCE 3. REAL EVIDENCE a. Sometimes called demonstrative evidence b. Real evidence speaks for itself, except for identifying the object and establishing its connection with the crime, it tells its own story Corpus Delicti 1. One of the most important rules of evidence in criminal cases is that which requires proof of Corpus Delicti (Body of the Crime) 2. This is the substance or foundation of a crime 3. The substantial act that a crime has been committed 4. Made up of two elements a. A certain result has been produced, i.e. 1. A man has died 2. A building has been burned b. A person is criminally responsible for the act THREE TYPES OF FINGERPRINT PATTERNS 1.ARCHES 2.LOOPS 3.WHORLS THREE TYPES OF FINGERPRINT PATTERNS 1. ARCHES a. Plain arch b. Tented arch SPO #4 THREE TYPES OF FINGERPRINT PATTERNS 2. LOOPS a. Radial loops b. Ulnar loops SPO #4 THREE TYPES OF FINGERPRINT PATTERNS 3. WHORLS a. Plain whorl b. Central pocket loop c. Double loop d. Accidental whorl SPO #4 THREE POSSIBLE FORMS OF FINGERPRINT IMPRESSIONS AN OFFICER MAY ENCOUNTER AT A CRIME SCENE: • LATENT OR INVISIBLE IMPRESSIONS • VISIBLE IMPRESSIONS • PLASTIC IMPRESSIONS THREE POSSIBLE FORMS FINGERPRINT IMPRESSIONS AN OFFICER MAY ENCOUNTER AT A CRIME SCENE SPO #5 1. Latent or invisible impressions deposited by natural body secretions on the: Hands Fingers Feet THREE POSSIBLE FORMS FINGERPRINT IMPRESSIONS AN OFFICER MAY ENCOUNTER AT A CRIME SCENE SPO #5 2. Visible impressions Made by a finger coated with a foreign substance such as blood or grease The contaminant is transferred to the surface touched THREE POSSIBLE FORMS FINGERPRINT IMPRESSIONS AN OFFICER MAY ENCOUNTER AT A CRIME SCENE SPO #5 3. Plastic impressions Patterns found impressed into a soft surface such as soap, butter, putty, semi-dry paint, wax or tar TWO FACTORS WHICH DETERMINE THE CHOICE OF FINGERPRINT POWDER 1. Adherence 2. Color THREE TYPES OF FINGERPRINT POWDER USED TO ENHANCE LATENT FINGERPRINTS 1. Oxide powder 2. Metallic powder 3. Magnetic powder Competency to testify 1. Person of unsound mind 2. Children under 10 years of age who appear incapable of judging right from wrong 3. A spouse testifying against the other spouse charged with a crime 4. A person who has been convicted of perjury 5. An officer while on duty for exclusive purpose of enforcing traffic laws or assisting in enforcement/arrest, who was not in a properly marked vehicle or wearing the distinctive uniform as defined by state law UNDULY PREJUDICIAL EVIDENCE 1. Unduly prejudicial evidence: items which may be relevant but the effect of which would be to shock, confuse or mislead the jury or appeal to their sympathies or prejudices, i.e., a. Gruesome crime scene photographs b. Torn, bloody clothing c. Questions to a witness directed toward his/her religious, personal or social background HEARSAY RULE 1. HEARSAY RULE - A STATEMENT MADE OUT OF COURT AND OFFERED IN COURT TO PROVE THE TRUTH OF THE SUBJECT MATTER IN THE STATEMENT 2. THE DECLARANT - THE PERSON WHO MAKES A STATEMENT Judicial Notice Rule #201 1. Facts which are admitted as evidence without being subjected to proof, i.e.: a. Geographic boundaries b. Rising and setting of sun on certain days c. Direction in which earth rotates 2. Usually, a prosecutor or defense counsel will stipulate this type of evidence so as not to delay the proceedings Ohio Rule #702 Testimony by experts: If scientific or technical knowledge will assist trier of the fact to understand the evidence or fact at issue, a witness qualified as an expert due to skill, experience, knowledge, training/education may testify to the subject matter at hand in the form of an opinion