Types of Physical Evidence in Criminal Law

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Questions and Answers

What is the primary consideration in determining the method of protecting evidence at a crime scene?

The nature of the evidence being collected (correct)

The number of personnel available

The location of the crime scene

The type of crime being investigated

Why is it necessary to position authorized personnel at a crime scene?

To allow the public to observe the investigation

To secure the area and maintain the integrity of the evidence (correct)

To take photographs of the scene

To intimidate potential suspects

What is the primary purpose of crime scene tape?

To keep the public away from the investigation

To intimidate potential suspects

To mark the boundaries of a crime scene (correct)

To display evidence to the public

Under what circumstances can an officer enter private property without a search warrant?

All of the above Signup and view all the answers

What is the purpose of a crime scene log?

To document all personnel who enter and exit the crime scene Signup and view all the answers

Why is it important to determine if a crime scene is located on public or private property?

To determine the legal authority to secure and protect the crime scene Signup and view all the answers

What is the primary responsibility of the primary officer or investigator at a crime scene?

To designate a point of entry and exit and maintain a crime scene log Signup and view all the answers

What is the consequence for an individual who refuses to move behind the crime scene tape?

Arrest Signup and view all the answers

Why is it important to separate victims, complainants, and witnesses at a crime scene?

To prevent them from coordinating their accounts of what happened Signup and view all the answers

What should you ask witnesses to do after they have been separated?

To stay at the scene for interviewing Signup and view all the answers

What is one reason why multiple witnesses who have experienced the same event never recall the same details?

They may have different perceptions of the event Signup and view all the answers

What should you document in your notes during a crime scene investigation?

The names, dates of birth, genders, races, addresses, and telephone numbers of all people involved Signup and view all the answers

Why is it important to ask the victim or complainant who was present during the crime to name any potential witnesses?

To verify individual statements Signup and view all the answers

What is one way to isolate people within one large room when separate rooms are not available?

By placing them on opposite sides of the room with their backs to each other Signup and view all the answers

Why may people who do not want to be involved in a crime scene investigation say little or nothing?

So that they can leave the scene quickly Signup and view all the answers

What is an alternative controlled area to separate witnesses when separate rooms are not available?

A patrol car Signup and view all the answers

What is the primary purpose of reviewing photographs immediately after taking them?

To ensure they are in focus Signup and view all the answers

Why is it recommended to avoid using an agency-issued cell phone camera to photograph a crime scene?

The court may subpoena the information on your phone Signup and view all the answers

What type of lighting is recommended when photographing shoe/tire impressions or tool marks?

Oblique lighting Signup and view all the answers

Why is it essential to photograph perishable, transitory, or fragile evidence?

To preserve it as evidence Signup and view all the answers

What should you avoid including in crime scene photographs?

All of the above Signup and view all the answers

What is the recommended distance for using a standard camera flash?

9-12 feet Signup and view all the answers

Why is it important to keep extra batteries for both the camera and the flashlight?

To ensure continuous documentation Signup and view all the answers

What is the purpose of photographic framing in crime scene photography?

To compose the photograph to depict what you are trying to document Signup and view all the answers

What is an example of fruits of a crime?

Money stolen by a bank robber Signup and view all the answers

What is the purpose of admissibility of evidence?

To protect the defendant's constitutional rights Signup and view all the answers

What is an example of instrumentalities of a crime?

A crowbar used to gain entry into a building Signup and view all the answers

What is the 'fruit of the poisonous tree' doctrine?

A rule that allows the court to exclude evidence from trial if the officer obtained it illegally Signup and view all the answers

What is an example of documentary evidence?

A certified copy of a driving history Signup and view all the answers

What must be met before a jury can see or hear about the evidence?

The evidence must be deemed relevant and real Signup and view all the answers

What is an example of contraband?

Child pornography found on a computer Signup and view all the answers

What is a factor that affects the admissibility of evidence?

The relevance of the evidence to the case Signup and view all the answers

What is the purpose of casting certain impressions at a crime scene?

To preserve evidence for future analysis Signup and view all the answers

Where can shoe or tire prints be found?

On wood, tile, paper, or paint, or in dust, blood, or grease Signup and view all the answers

What is the significance of bite marks in crime scene investigation?

They can provide dental evidence to identify the suspect Signup and view all the answers

What is a characteristic of patent prints?

They are readily visible due to a foreign substance Signup and view all the answers

What type of evidence can be found on all objects at a crime scene?

Fingerprints Signup and view all the answers

What is the purpose of photographing bite marks?

To preserve the evidence as soon as possible Signup and view all the answers

What is the significance of latent prints in crime scene investigation?

They are among the most valuable and common types of physical evidence Signup and view all the answers

What should be done with footprints, shoe impressions, and tire impressions at the scene?

Cast them to preserve evidence Signup and view all the answers

What is the purpose of changing gloves between collecting each piece of evidence needing DNA analysis?

To prevent cross-contamination of evidence Signup and view all the answers

What type of evidence includes human hair, animal hair, and textile fibers?

Trace evidence Signup and view all the answers

What should be done with wet evidence, such as items soaked with body fluids or living plant material?

Air-dry and package in breathable containers Signup and view all the answers

Why is it important to handle specific types of evidence with special care?

To prevent contamination and degradation of evidence Signup and view all the answers

What is the purpose of microanalysis in trace evidence?

To determine the origin of the evidence Signup and view all the answers

What is the consequence of not changing PPE often enough?

Cross-contamination of the crime scene Signup and view all the answers

Why is it important to place each piece of evidence collected for DNA analysis in its own, separate container?

To prevent cross-contamination of evidence Signup and view all the answers

What type of materials are suitable for packaging wet evidence?

Breathable containers, such as paper bags Signup and view all the answers

What is the primary purpose of photographing perishable, transitory, or fragile evidence at a crime scene?

To document and preserve it Signup and view all the answers

Why should you avoid using an agency-issued cell phone camera to photograph a crime scene?

Because the court may subpoena the information on your phone Signup and view all the answers

What is the recommended lighting technique for photographing shoe/tire impressions or tool marks?

Oblique lighting Signup and view all the answers

What is the purpose of photographic framing in crime scene photography?

To compose the photograph so that it depicts what you are trying to document Signup and view all the answers

Why is it important to review photographs immediately after taking them?

To ensure they are in focus Signup and view all the answers

What should be avoided when composing a crime scene photograph?

Including bystanders Signup and view all the answers

Why should you keep extra batteries for both the camera and the flashlight?

To ensure that your equipment does not run out of power during the investigation Signup and view all the answers

What is the recommended distance for using a standard camera flash?

9-12 feet Signup and view all the answers

What is the purpose of the good-faith exception doctrine?

To admit evidence obtained from a search warrant, even if the warrant has a legal error Signup and view all the answers

What type of communication is protected by privilege?

Communication between a sexual assault counselor and a sexual assault victim Signup and view all the answers

What is the primary goal of a crime scene investigation?

To establish whether a criminal act has been committed Signup and view all the answers

What is the purpose of a preliminary investigation?

To establish whether a criminal act has been committed Signup and view all the answers

What is the role of privileged communications in a crime scene investigation?

To protect certain relationships and communications from disclosure Signup and view all the answers

What is the result of the good-faith exception doctrine in a crime scene investigation?

Evidence obtained from a search warrant can be admissible, even if the warrant has a legal error Signup and view all the answers

What is the primary responsibility of the primary officer or investigator at a crime scene?

To secure and protect the crime scene Signup and view all the answers

What is the purpose of securing and protecting a crime scene?

To support successful prosecution of a crime Signup and view all the answers

What precaution should you take when collecting and packaging drug paraphernalia that includes sharp objects?

Clearly label the packages with the words 'WARNING: SHARPS' Signup and view all the answers

What is a crucial step to take when you suspect a substance is fentanyl or carfentanil?

Follow agency policies and procedures for field-testing, collecting, and packaging Signup and view all the answers

What is a sign of exposure to fentanyl or carfentanil?

Slowed pulse Signup and view all the answers

What should you do if you encounter a large amount of powder suspected to be fentanyl or carfentanil?

Evacuate the area and call a hazmat team Signup and view all the answers

What should you do when transporting a suspected fentanyl or carfentanil substance?

Place it in the trunk of your vehicle Signup and view all the answers

What is the purpose of marking a package as 'suspected fentanyl'?

To warn others of the potential dangers of the substance Signup and view all the answers

Why is it important to have another officer nearby when conducting a field test for fentanyl or carfentanil?

To have someone with naloxone available in case of exposure Signup and view all the answers

What should you do if you are exposed to fentanyl or carfentanil?

Follow agency policies and procedures for decontamination Signup and view all the answers

What is the purpose of numbering all photographs and filler photographs before presenting the array to the victim or eyewitness?

To facilitate the simultaneous or sequential presentation of the photo array Signup and view all the answers

What is the difference between simultaneous and sequential presentation of a photo array?

The method of presenting the photographs to the victim or eyewitness Signup and view all the answers

Who is responsible for selecting the authorized method of conducting the photo array?

The agency's legal adviser Signup and view all the answers

What is the purpose of obtaining a sworn statement from the victim or eyewitness regarding the lineup results?

To document the results of the photo array Signup and view all the answers

Why is it necessary to read standardized instructions to the victim or eyewitness before presenting the photo array?

To ensure consistent administration of the photo lineup Signup and view all the answers

What should the victim or eyewitness do after receiving the instructions and before reviewing the photo array?

Sign the acknowledgment Signup and view all the answers

What happens if the victim or eyewitness refuses to sign the acknowledgment?

The refusal is documented and the acknowledgment is signed by the independent administrator Signup and view all the answers

What is the purpose of agency policies and procedures regarding photo array presentations?

To provide guidance on the authorized method of conducting the photo array Signup and view all the answers

Study Notes

Physical Evidence

Physical evidence can be categorized into three types: fruits of a crime, instrumentalities of a crime, and contraband.
Fruits of a crime are objects obtained by the defendant as a result of committing the crime, such as money stolen by a bank robber.
Instrumentalities of a crime are items used by the defendant to commit the crime, such as a crowbar used by a burglar to gain entry into a building.
Contraband is any property that is illegal for a person to possess, such as child pornography found on a computer.

Documentary Evidence

Documentary evidence is anything written or printed that is offered to prove or disprove facts pertaining to a case.
Examples of documentary evidence include bank records, medical records, and certified copies of driving histories.

Admissibility of Evidence

Admissibility of evidence refers to the legal requirements that must be met before a jury can see or hear about the evidence.
The evidence must be deemed relevant and reliable, and the court must receive it.
Admissibility of evidence protects the defendant's constitutional rights, guards the jurors from being misled or confused, and can expedite a trial.
The officer must obtain the evidence legally and preserve it properly.
The evidence must be relevant to the case and cannot be unfairly prejudicial, confusing, or based on hearsay.

Crime Scene Investigation

Recognizing threats to the evidence will determine the appropriate method of protection.
Different crime scenes may require different methods of protecting the evidence.
In outdoor crime scenes involving degradable, easily destroyed, biological, or trace evidence, protect the evidence from weather elements.
Instruct people to move behind the crime scene tape, advising that refusal may result in arrest.

Securing and Protecting a Crime Scene

The primary officer or investigator will designate a point of entry and exit and assign an officer to maintain a crime scene log at that location.
Determine if the location is public or private property.
A person occupying private property has an expectation of privacy that no one can violate without a search warrant or a valid exception to the warrant requirement.

Questioning Witnesses at a Crime Scene

Identify who to question at a crime scene, including victims, complainants, and witnesses.
Separate involved people to prevent them from coordinating their accounts of what happened.
Place people in separate locations, near the crime scene area, but in a place that poses no risk of contaminating evidence.
Document the names, dates of birth, genders, races, addresses, and telephone numbers of all people involved.

Documenting a Crime Scene

Use proper lighting to ensure that photographs are neither too dark nor too light to see details.
Avoid including bystanders, other officers, equipment, or pets in crime scene photographs.
Photographing perishable, transitory, or fragile evidence ensures its documentation and preservation.
Examples of perishable evidence include blood, footprints, and tire impressions, or trace evidence, such as hair or fibers.

Impression Evidence

Footprints, shoe impressions, and tire impressions at the scene can link a suspect to a crime when they match an object in the suspect's possession.
Teeth can provide dental evidence in the form of bite mark impressions that can lead to the identity of the suspect.
Photograph bite marks as soon as possible with a scale or identifier.

Fingerprints

Consider all objects at a crime scene as possible sources of fingerprints.
Patent prints are visible prints formed from the friction ridges or corrugated lines on fingers.
Plastic prints are molded or embedded fingerprints created by touching an impressionable surface.
Latent prints are invisible to the naked eye, but result from body residues left behind when the friction ridges of the hands or feet make contact with a surface.

Crime Scene Investigations

The good-faith exception doctrine allows evidence to be admissible in court even if the search warrant is later found to have a legal error, as long as the officer executing the warrant believed it was valid.
Privileged communications are protected from disclosure, including interactions between a sexual assault counselor and a sexual assault victim, and a domestic violence advocate and a domestic violence victim.

Securing and Protecting the Crime Scene

The purpose of an investigation is to determine what happened, identify and locate the suspect, and develop evidence to establish probable cause for an arrest.
The preliminary investigation focuses on establishing whether a criminal act has been committed and, if so, what type, when, and where it was committed.

Documenting the Crime Scene

Photographs should be taken to ensure that they are in focus and have proper lighting to avoid glare and flashback.
Use a flashlight or vehicle spotlight for enhanced lighting, and consider flood lighting for overall pictures.
Photographic framing is important to depict what you are trying to document, and avoid including bystanders, officers, equipment, or pets in crime scene photographs.
Use a camera with a flash, and avoid using a personal cell phone camera or agency-issued cell phone camera.

Photographing Evidence

Perishable, transitory, or fragile evidence should be photographed to ensure its documentation and preservation.
Examples of perishable evidence include blood, footprints, and tire impressions, or trace evidence like hair or fibers.
Transitory evidence is evidence that can blow or wash away.

Collecting and Packaging Evidence

Change gloves between collecting each piece of evidence needing DNA analysis to prevent cross-contamination.
Use proper tools, equipment, containers, and packaging to prevent contamination and degradation of evidence.
Place each piece of evidence collected for DNA analysis in its own, separate container.
Use breathable containers like paper bags for wet evidence, and avoid packaging wet items improperly.

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 the process of analyzing trace evidence with a microscope to determine a possible source or origin.

Chemical and Toxicological Evidence

Identify controlled substances and drug paraphernalia by sight or odor, and use field test kits to test substances before collecting and packaging them as evidence.
Package sharp objects like needles or syringes in puncture-proof packages clearly labeled with "WARNING: SHARPS."
Use PPE when encountering chemical or biological substances.
Be aware of hazardous substances like fentanyl or carfentanil, which can be absorbed through mucous membranes.

Photo Array Presentations

Number all photographs and filler photographs used in the array before presenting the array to the victim or eyewitness.
Simultaneous presentation occurs when the independent administrator presents a group of photographs to the victim or eyewitness all at once.
Sequential presentation occurs when an independent administrator presents individual photographs to the victim or eyewitness one at a time.
Agency policies and procedures will specify which method is authorized.

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Learn about the different types of physical evidence, including fruits of a crime, instrumentalities of a crime, and contraband.

Types of Physical Evidence in Criminal Law

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Questions and Answers

What is the primary consideration in determining the method of protecting evidence at a crime scene?

Why is it necessary to position authorized personnel at a crime scene?

What is the primary purpose of crime scene tape?

Under what circumstances can an officer enter private property without a search warrant?

What is the purpose of a crime scene log?

Why is it important to determine if a crime scene is located on public or private property?

What is the primary responsibility of the primary officer or investigator at a crime scene?

What is the consequence for an individual who refuses to move behind the crime scene tape?

Why is it important to separate victims, complainants, and witnesses at a crime scene?

What should you ask witnesses to do after they have been separated?

What is one reason why multiple witnesses who have experienced the same event never recall the same details?

What should you document in your notes during a crime scene investigation?

Why is it important to ask the victim or complainant who was present during the crime to name any potential witnesses?

What is one way to isolate people within one large room when separate rooms are not available?

Why may people who do not want to be involved in a crime scene investigation say little or nothing?

What is an alternative controlled area to separate witnesses when separate rooms are not available?

What is the primary purpose of reviewing photographs immediately after taking them?

Why is it recommended to avoid using an agency-issued cell phone camera to photograph a crime scene?

What type of lighting is recommended when photographing shoe/tire impressions or tool marks?

Why is it essential to photograph perishable, transitory, or fragile evidence?

What should you avoid including in crime scene photographs?

What is the recommended distance for using a standard camera flash?

Why is it important to keep extra batteries for both the camera and the flashlight?

What is the purpose of photographic framing in crime scene photography?

What is an example of fruits of a crime?

What is the purpose of admissibility of evidence?

What is an example of instrumentalities of a crime?

What is the 'fruit of the poisonous tree' doctrine?

What is an example of documentary evidence?

What must be met before a jury can see or hear about the evidence?

What is an example of contraband?

What is a factor that affects the admissibility of evidence?

What is the purpose of casting certain impressions at a crime scene?

Where can shoe or tire prints be found?

What is the significance of bite marks in crime scene investigation?

What is a characteristic of patent prints?

What type of evidence can be found on all objects at a crime scene?

What is the purpose of photographing bite marks?

What is the significance of latent prints in crime scene investigation?

What should be done with footprints, shoe impressions, and tire impressions at the scene?

What is the purpose of changing gloves between collecting each piece of evidence needing DNA analysis?

What type of evidence includes human hair, animal hair, and textile fibers?

What should be done with wet evidence, such as items soaked with body fluids or living plant material?

Why is it important to handle specific types of evidence with special care?

What is the purpose of microanalysis in trace evidence?

What is the consequence of not changing PPE often enough?

Why is it important to place each piece of evidence collected for DNA analysis in its own, separate container?

What type of materials are suitable for packaging wet evidence?

What is the primary purpose of photographing perishable, transitory, or fragile evidence at a crime scene?

Why should you avoid using an agency-issued cell phone camera to photograph a crime scene?

What is the recommended lighting technique for photographing shoe/tire impressions or tool marks?

What is the purpose of photographic framing in crime scene photography?

Why is it important to review photographs immediately after taking them?

What should be avoided when composing a crime scene photograph?

Why should you keep extra batteries for both the camera and the flashlight?

What is the recommended distance for using a standard camera flash?

What is the purpose of the good-faith exception doctrine?

What type of communication is protected by privilege?

What is the primary goal of a crime scene investigation?

What is the purpose of a preliminary investigation?

What is the role of privileged communications in a crime scene investigation?

What is the result of the good-faith exception doctrine in a crime scene investigation?

What is the primary responsibility of the primary officer or investigator at a crime scene?

What is the purpose of securing and protecting a crime scene?

What precaution should you take when collecting and packaging drug paraphernalia that includes sharp objects?

What is a crucial step to take when you suspect a substance is fentanyl or carfentanil?

What is a sign of exposure to fentanyl or carfentanil?

What should you do if you encounter a large amount of powder suspected to be fentanyl or carfentanil?

What should you do when transporting a suspected fentanyl or carfentanil substance?

What is the purpose of marking a package as 'suspected fentanyl'?

Why is it important to have another officer nearby when conducting a field test for fentanyl or carfentanil?

What should you do if you are exposed to fentanyl or carfentanil?

What is the purpose of numbering all photographs and filler photographs before presenting the array to the victim or eyewitness?

What is the difference between simultaneous and sequential presentation of a photo array?

Who is responsible for selecting the authorized method of conducting the photo array?

What is the purpose of obtaining a sworn statement from the victim or eyewitness regarding the lineup results?