Criminal Evidence and Procedure

Good Faith Exception Doctrine

• If a search warrant is executed in good faith but later found to have a legal error, the seized evidence may still be admissible in court.

Privileged Communication

• Certain relationships have privileged communication, such as between a sexual assault counselor and a sexual assault victim, or a domestic violence advocate and a domestic violence victim.
• These interactions are private, protected, and confidential, and their disclosure cannot be forced.

Crime Scene Follow-Up Investigations

• Purpose of an investigation: determine what happened during an incident, identify and locate the suspect, and develop enough evidence to establish probable cause to make an arrest.
• Preliminary investigation focuses on establishing whether a criminal act has been committed and, if so, what type and when and where it was committed.

Firearm Evidence

• When collecting a firearm as evidence, always properly secure the weapon, remove the magazine, clear all ammunition from the chamber or cylinder, and carefully examine the weapon to identify the manufacturer, country of origin, serial number, model number, and caliber.
• Document this information in field notes for database checks and final reports.

FCIC/NCIC Database Check

• Use the serial number to conduct an FCIC/NCIC database check on the firearm to determine if it is lost, stolen, or found.

Electronic Evidence

• Types of electronic devices that can store vital evidence include cell phones, tablets, laptops, desktops, thumb drives, external drives, removable disks, tapes, and digital cameras.
• Do not manipulate or attempt to operate any part of the equipment to avoid possible damage.
• Consider placing a mobile electronic device in “airplane mode” or an antistatic Faraday bag to prevent remote access or communication.

Chemical or Toxicological Evidence

• The crime laboratory's chemistry section analyzes substances to determine the presence or absence of controlled substances listed under chapter 893, F.S.
• Analysts prepare reports of their findings and often testify in court on the results of their analyses.
• In certain criminal investigations, you may submit an FDLE public records request and obtain an analysis from the toxicology section of a crime laboratory.

Fentanyl and Carfentanil

• Fentanyl and carfentanil are particularly hazardous substances that can be absorbed through mucous membranes.
• When encountering these substances, follow agency policies and procedures for field-testing, collecting, packaging, and transporting.
• Use PPE such as gloves, long sleeves, a surgical or dust mask, and eye protection.
• Conduct field-testing in an open environment with no wind and have another officer nearby with naloxone, the antidote for opioid overdose.

Preparing for a Pretrial Meeting

• Thoroughly review all available case documentation before a pretrial meeting.
• Discuss the case with appropriate agency personnel, such as supervisors, watch commanders, or crime scene and evidence personnel.
• Be prepared to discuss who, what, when, where, how, and why facts of the case, all evidence, and any other relevant information.
• Remain truthful, honest, and accurate when discussing the case with the prosecutor.

Documenting Crime Scene Evidence

• When documenting photographs or sketches of a crime scene and evidence on a person, use a systematic approach or pattern to search for evidence.
• The type of crime scene determines the type of evidence to search for, and the search pattern should be adapted accordingly.
• Use appropriate standard precautions and personal protective equipment (PPE) when searching and handling evidence to avoid exposure to harmful substances.

Searching for Evidence

• Use a grid or spiral search pattern to search for evidence, depending on the type of crime scene and the type of evidence being collected.
• Change gloves between collecting each piece of evidence that requires DNA analysis to prevent cross-contamination.
• Use appropriate tools, equipment, containers, and packaging to prevent contamination and degradation of evidence.

Packaging Evidence

• Use breathable containers, such as paper bags, for wet evidence, such as items soaked with body fluids or living plant material.
• Place each piece of evidence collected for DNA analysis in its own separate container.
• Refer to agency policies and procedures for specific evidence-handling procedures.

Trace Evidence

• Trace evidence is small quantities of material transferred from a victim or suspect to each other or to a crime scene.
• Examples of trace evidence include human hair, animal hair, textile fibers, rope, feathers, soil, glass, and building materials.
• Microanalysis is used to analyze trace evidence and determine its possible source or origin.

Preparing for a Pretrial Meeting

• Thoroughly review all available case documentation before a pretrial meeting.
• Discuss the case with appropriate agency personnel, such as supervisors, watch commanders, and crime scene and evidence personnel.
• Be prepared to discuss the who, what, when, where, how, and why facts of the case, as well as all evidence and relevant information.

Providing Testimony

• Use plain, professional language when providing testimony, avoiding slang, police jargon, and derogatory statements.
• Be courteous and respectful, using proper titles and addressing the judge and jury appropriately.
• Avoid displaying personal interest in the case and maintain a professional demeanor.
• Provide accurate and complete testimony of the available facts, without trying to steer the case.
• Be prepared to respond to objections and challenging questions from the defense attorney.