Criminal Law: Evidence and Proof

Evidence in Court

• Evidence is anything that tends to prove or disprove the existence of a fact.
• There is a legal distinction between evidence and proof: evidence is information allowed in court, while proof is the effect produced by that information.
• Evidence has three basic functions when offered in court:
  • To prove or disprove a crime
  • To support or undermine other evidence
  • To help determine an appropriate sentence

Types of Evidence

• Direct evidence proves a fact without inference or presumption and conclusively establishes the fact.
• Examples of direct evidence:
  • Admission by the driver that they were speeding
  • Speed measurement device results
  • Testimony from eyewitnesses who saw the driver speeding

Indirect or Circumstantial Evidence

• Requires an inference or presumption to establish a fact rather than personal knowledge or observation.
• Example of indirect or circumstantial evidence:
  • Eyewitness testimony that the defendant entered the victim's home around the time of the crime.
• Requires the judge or jury to infer or assume from the evidence that the defendant committed the crime.

Types of Evidence

• Evidence presented in court can be categorized into three types: testimonial, physical, and documentary.

Testimonial Evidence

• Refers to witness statements that tend to prove or disprove facts about the case.
• Includes testimonies of law enforcement officers, experts, and other witnesses.
• Generally considered less reliable than physical evidence due to differences in perception, inaccurate memories, and potential lies.

Physical Evidence

• Refers to actual objects that prove or disprove facts about a case.
• Plays a direct part in the crime in question.
• Examples include:
  • Trace evidence
  • Biological and touch DNA evidence
  • Impression evidence
  • Firearms evidence
  • Electronic evidence
  • Chemical or toxicological evidence
  • Questioned documents evidence
• Correct identification, protection, collection, preservation, transportation, and analysis of physical evidence reduces the likelihood of false results.

Documentary Evidence

• Refers to written or printed materials that prove or disprove facts about a case.
• Examples include:
  • Bank records
  • Medical records
  • Certified copies of driving histories

Photographing the Crime Scene

• Photographing the crime scene is the first step in documenting the scene and allows others to visualize the scene.
• Photos or sketches help victims and witnesses refresh their memory as time goes by.

Crime Scene Photography Process

• The photography process moves from general to specific, taking overall, midrange, and then close-up photographs.
• Start at the perimeter of the crime scene and take a series of shots, framing an all-inclusive or four-corner view of the scene.
• Midrange view shots show the relationship between evidence items within the scene.
• Close-up shots show the details of a specific item of evidence and must include a scale or identifier.

Best Practices for Crime Scene Photography

• Use a scale or identifier, such as a ruler or yardstick, to provide a form of measurement in close-up shots.
• Review photographs after taking them to ensure they are in focus.
• Use proper lighting to avoid glare, flashback, and ensure the photographs are neither too dark nor too light to see detail.
• Standard camera flashes project only 9-12 feet, so consider flood lighting with a flashlight or using a vehicle spotlight or headlights for overall shots.
• Overlap photos to show the relationships of items in the crime scene.
• Only include objects that are important or relevant to the scene, avoiding bystanders, other officers, equipment, or pets.

Trace Evidence

• Trace evidence refers to small quantities of material transferred between a victim, suspect, or crime scene.
• Examples of trace evidence include: • Human hair • Animal hair • Textile fibers and fabric • Rope • Feathers • Soil • Glass • Building materials

Microanalysis

• Microanalysis is the process of examining trace evidence using a microscope.
• The goal of microanalysis is to determine the possible source or origin of the trace evidence.

Biological Evidence

• Biological evidence at crime scenes can contain DNA and may include blood, semen, or saliva.
• Crime laboratory experts can identify body fluids and conduct DNA analysis if needed.
• Semen evidence may be examined in sexual assault cases.

Types of Biological Evidence

• Saliva evidence may be found on cigarette butts, drinking straws, soda and beer cans, masks, bottles, and bite marks.
• Blood evidence may include pooled blood, wet or dried stains on upholstery or carpet, or samples from victims or suspects.
• Blood type and DNA identification can be determined from a blood sample.

Blood Analysis

• Experts can analyze blood spatter direction to determine the type of weapon, attack direction, and attacker size.
• Advancements in DNA analysis can detect evidence from brief contact between objects and victims/suspects.

Specialized Biological Evidence

• Teeth can serve as identification and evidence.
• Human skeletal remains require special handling: contact a supervisor, and a medical examiner or forensic specialist should examine the bones at the site.

Collecting Biological Evidence

• Certain biological evidence requires specialized techniques and expertise for collection.
• Follow agency policies and procedures when handling these types of evidence.

Impression Evidence

• Working edges of tools leave distinct marks on surfaces, which can be used as evidence.
• When collecting evidence, do not try to fit a suspect's tool into a mark; instead, collect the entire damaged surface and submit it to the lab for comparison.

Comparing Fracture Sites

• Comparing fracture sites of broken, torn, or cut objects can provide strong evidence in court.
• Do not attempt to reconstruct the items or process fingerprints before submitting them to the lab.

Shoe and Tire Impressions

• Shoe and tire impressions at the crime scene can link a suspect to a crime when they match an object in the suspect's possession.
• Impressions can be found in mud, soil, or other pliable materials, as well as on wood, tile, paper, or paint, or in dust, blood, or grease.

Casting Impressions

• Crime scene technicians can cast certain impressions, such as shoe or tire impressions.
• Photograph impressions to preserve them as evidence.

Dental Evidence

• Teeth can provide dental evidence in the form of bite mark impressions, which can lead to the identity of the suspect.
• Photograph bite marks as soon as possible with a scale or identifier, as there is a high likelihood of saliva being present.

Fingerprint Types

• Patent prints are formed by transferring foreign substances like wet paint, blood, grease, ink, or dirt, making them readily visible.
• Plastic prints are molded or embedded fingerprints created by touching impressionable surfaces like fresh paint, wax, bars of soap, or mud, making them easily visible.

Collecting and Preserving Fingerprints

• Follow agency policies and procedures for photographing visible prints and determining the best method for collecting and preserving fingerprint evidence.

Latent Prints

• Latent prints are a common and valuable type of physical evidence at a crime scene, but they are generally invisible to the naked eye.
• Latent prints result from body residues left behind when friction ridges of the hands or feet come into contact with a surface.
• The crime lab can examine submitted evidence to determine the presence of latent prints and identify them if possible.

Locating Latent Fingerprints

• Consider how the suspect approached the scene, what they may have touched, how they moved about, and how they left the scene to locate potential areas for latent fingerprints.
• The surface type is crucial for latent prints; rough surfaces like concrete are more likely to have latent prints than smooth surfaces like glass.

Chemical or Toxicological Evidence

• Crime laboratories have a chemistry section that analyzes substances to determine the presence or absence of controlled substances listed under chapter 893, F.S.
• Analysts prepare reports and often testify in court about their findings.
• In certain investigations, you can submit an FDLE public records request to obtain an analysis from the toxicology section of a crime laboratory.
• These cases typically involve DUI, sexual assault, and death investigations.

Identifying Controlled Substances and Drug Paraphernalia

• You should be able to identify various controlled substances and drug paraphernalia by sight or odor.
• Field test kits can be used to test substances before collecting and packaging as evidence.

Collecting and Packaging Drug Paraphernalia

• Package sharp objects (e.g. needles or syringes) in puncture-proof packages with a "WARNING: SHARPS" label.
• Wear Personal Protective Equipment (PPE) when handling chemical or biological substances.

Questioned Document Evidence

• A document is any medium containing a mark to convey a message.
• Questioned documents require examination to verify their authenticity as evidence.

Document Handling and Preservation

• Handle documents found at a crime scene with care to preserve their original condition.
• Documents may contain latent fingerprints and DNA, which can be used as evidence.

Document Analysis

• Document analysts use various scientific methods to examine documents.
• Methods include:
  • Alterations analysis
  • Erasures analysis
  • Handwriting analysis
  • Indentations analysis
  • Ink comparisons
  • Machine impressions analysis
• Analysis aims to answer questions about a document's:
  • Authorship
  • Authenticity

Conducting a Showup

• A showup is the presentation of a possible suspect to a witness for identification, typically conducted during or soon after the incident, near the crime scene.

Pre-Showup Procedures

• Interview victims or witnesses separately to obtain a description of the suspect.
• Determine if the victim or witness has personal knowledge of the crime and can identify the suspect's features.
• Ensure the victim or witness can accurately discuss the matter, understands their duty to tell the truth, and demonstrates competence, attentiveness, and a sound state of mind.
• Determine if a suspect matching the description has been located near the incident.
• Consider if circumstances allow for the prompt display of a single suspect to each victim or witness if there are multiple victims or witnesses.

Conducting the Showup

• Coordinate the showup quickly, without compromising the investigation, to limit the legal impact of the suspect's detention.
• Caution the victim or witness that the person they will see may or may not be the suspect.
• Avoid providing verbal or non-verbal feedback during the identification process.
• Take the victim or witness to the location of the suspect, not the suspect to the victim or witness.
• Ask the victim or witness if they recognize the suspect, avoiding influencing the identification.
• Ensure adequate lighting for the victim or witness to have a clear view of the potential suspect.
• Visually conceal the victim or witness from the suspect.
• Consider recording the showup with a body camera or other recording device.

Documentation

• Document all statements of identification and non-identification.
• Record any comments made by the victim or witness during the entire process, word for word.
• Document any non-verbal communication or action made by the victim or witness.
• If a victim or witness cannot identify the suspect, document why.

Lineups in Investigations

• A lineup is used when a showup is not a consideration or successful in identifying a suspect.
• There are two types of lineups: live lineup and photo lineup.

Live Lineup

• A live lineup is a procedure where a group of people, including the suspect, is displayed to a victim or eyewitness to identify the perpetrator and eliminate other suspects.
• An eyewitness is a person who can identify another person by sight as someone involved in a criminal proceeding.
• Live lineups require additional people who resemble the suspect to appear with the suspect in the lineup, making them resource-intensive.
• Florida law provides specific requirements for law enforcement officers conducting live lineups.

Photo Lineup

• A photo lineup is an alternative to a live lineup, used to identify the perpetrator of a crime and eliminate suspects.
• It involves displaying a photo array to a victim or eyewitness.

Photo Array

• A photo array is a selection of photographs used to identify a suspect in a non-suggestive manner.
• A photo array is an efficient tool for identifying a suspect and is often easier to compile than assembling a group of people who resemble the suspect.
• A photo array should have a minimum of six photographs: one of the suspect and five filler photographs.
• Filler photographs are of people other than the suspect, used to complete the array.
• Each photograph in the array should be of a different person with physical characteristics similar to the suspect, and formatted alike.

Lineup Administrator

• A lineup administrator is responsible for conducting the lineup.
• Ideally, the administrator should be independent of the investigation.
• An independent administrator is someone who is not involved in the investigation and does not know which person in the lineup is the suspect.

Conducting a Photo Lineup

• If an independent administrator is not available, the investigator must conduct the lineup using one of the accepted procedures.
• Two accepted procedures for conducting a photo lineup:
  • Using an automated computer program that prevents the administrator from seeing the lineup until the procedure is complete.
  • Using randomly numbered, shuffled folders containing photographs, presented in a way that prevents the administrator from seeing which photos correspond to specific folders until after the procedure.

Importance of Neutral Administration

• The goal of the lineup is to achieve neutral administration, preventing the administrator from knowing which photograph is being presented to the victim or witness.
• The lineup administrator should not be allowed to see or track which photograph the victim or eyewitness is viewing until after the procedure is complete.

Photo Array Presentations

• Number all photographs and filler photographs used in the array before presenting the array to the victim or eyewitness.

Presentation Methods

• There are two methods of presenting the photo array: simultaneous and sequential.

Simultaneous Presentation

• The independent administrator presents a group of photographs to the victim or eyewitness all at once, at the same time.
• The victim or eyewitness is instructed to mark which photograph is the suspect, and then signs and dates the array.

Sequential Presentation

• The independent administrator presents individual photographs to the victim or eyewitness one at a time.

Roadway Definitions

• A roadway refers to a portion of highway used for vehicular travel, excluding the berm, shoulder, or sidewalk.
• A street or highway can be defined as:
• The entire width between the boundary lines of a public space for vehicular traffic
• The entire width between the boundary lines of privately owned space for vehicular traffic by the owner or those given permission
• A limited access road owned or controlled by a special district when a county or municipality exercises traffic control jurisdiction
• An area not open to public vehicular traffic, such as a runway, taxiway, ramp, clear zone, or parking lot within an airport
• A space used for vehicular traffic on a controlled access basis in a mobile home park recreation district and open to the public

Types of Highways

• A laned highway is a road divided into two or more clearly marked lanes for vehicular traffic.
• A limited access facility is a road adjacent to private property to which the property owners have no right or easement to.
• A private road or driveway is a privately owned space that owners and people who have permission from the owners use for vehicular traffic.
• A state road is a highway the Department of Transportation designates as a state-maintained road.

Intersection and Crosswalk

• An intersection has two definitions:
• The area within the connection of the lateral curbs or boundary lines of two or more roadways of two highways joined at approximately right angles or any other angle
• Where a highway includes two roadways 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection
• A crosswalk is an area of a road within an intersection, distinctly marked on the surface to indicate a pedestrian crossing.

Other Road Features

• A sidewalk is the area that pedestrians use between the curb, or lateral line, of a roadway and the adjacent property lines.
• A bicycle path is any road or path open to bicycle travel, often separated from motorized vehicular traffic by an open space or a barrier.

Florida Driver's License Formats

• Florida has three types of driver's licenses: commercial, noncommercial, and learner's
• Licenses issued to drivers 21 and older have a horizontal format, while those issued to drivers younger than 21 have a vertical format
• The color header of a license identifies the license type and class: blue for commercial driver's licenses (CDL), green for noncommercial driver's license (Class E), and orange for learner's license (Class E)

Security Features

• Florida driver's licenses have several security features that can only be seen under a black light
• The currently issued Florida driver's license (post-2017) has three headshots on the front, one of which is transparent
• The license also has a light blue Florida seal, and a tactile feature on the bottom right side of the card
• The reverse side displays 1D and 2D barcodes

Endorsements, Restrictions, and Designations

• Beginning in 2017, motorcycle-also and motorcycle-only endorsements are designated by an "A" or "O" in the endorsement field on the front of the card
• Designations for individuals registered in the Florida Sexual Offender and Predator System appear on the front of the license
• Two designations can appear on the bottom right of a Florida driver's license or ID card: "D" for developmental disability and "V" for honorably discharged U.S. military veterans

Classes of Florida Driver's Licenses

• Class A: required for drivers of trucks or truck combinations with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
• Class B: required for drivers of straight trucks with a GVWR of 26,001 pounds or more
• Class C: required for drivers of vehicles transporting placardable amounts of hazardous materials, or for drivers of vehicles designed to transport more than 15 people
• Class E: required for drivers of noncommercial motor vehicles with a GVWR of less than 26,001 pounds
• Class E Learner: required for drivers with a learner's license and limited to driving motor vehicles weighing less than 8,000 pounds

Commercial Driver License (CDL) Exemptions

• Drivers of authorized emergency vehicles
• Military personnel driving military vehicles
• Farmers transporting farm supplies or farm machinery
• Drivers of recreational vehicles used for recreational purposes
• Drivers who operate straight trucks that are exclusively transporting their own tangible personal property
• An employee of a publicly owned transit system who is limited to moving vehicles for maintenance or parking purposes

Vehicle Registration

• Any vehicle in the state of Florida must have a valid registration to operate on Florida roads
• Vehicles with out-of-state registrations are required by law to be registered within 10 days of the owner establishing residency
• Registrations expire at midnight on the registered owner's birthday, with the exception of vehicles weighing more than 5,000 pounds GVW, which expire on Dec. 31

Paper UTC

• Agencies assign UTC books with preprinted numbers, and officers are responsible for accounting for each UTC in the book.
• If a UTC is lost or destroyed, document the circumstances in the UTC book.

UTC Book and Citation

• Each UTC book contains 25 three-part citations, with sequential numbers assigned to the book.
• The receipt on the front of the UTC book must be signed to acknowledge receipt.
• Inspect the book to ensure citations are in correct numeric sequence and contain 25 three-part citations.

Citation Parts

• Part One (white): serves as a complaint for civil and criminal cases, and is retained by the court.
• Part Two (yellow): is the driver's copy, and the reverse side notifies drivers of their options for responding to the citation.
• Part Three (pink): is the officer's copy, and is used to maintain accountability and record court action.

Citation Process

• State the specifics of the violation clearly and slowly, making sure the driver understands the warning or citation.
• Point to the section on the citation where the violation was checked and specific information was written.
• Explain the driver's options for responding to the citation, including paying a civil penalty or requesting a hearing.

Options for Responding to Citations

• Moving violations: may include paying a civil penalty, requesting a hearing, or completing a Driver Improvement Course (if eligible).
• Non-moving violations: may include paying a civil penalty or choosing a hearing in traffic court.
• Criminal violations: require a court appearance on a scheduled date.

Additional Options for Drivers

• If charged with operating a vehicle in an unsafe condition or without proper equipment, drivers may choose to provide certified proof of correction.
• If charged with failure to display a valid driver's license, registration, or proof of insurance, drivers may choose to enter a plea of nolo contendere (no contest) and provide proof of compliance within 30 days.

Signing the UTC

• Most citations do not require the driver's signature, but if a violation requires a hearing, the driver must sign the UTC.
• Signing is not an admission of guilt, and is required for serious violations such as those resulting in death or serious bodily injury.