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Physical evidence can either be:
- Fruits of a crime
- Instrumentalities of a crime
- Contraband
Unit 1
The Crime Scene
Lesson 1
Evidence Rules and Concepts
A __________ is the site or sites where a crime occurred, including an area or areas that contain ________ from the crime committed
- Crime scene
- Evidence
A crime scene can be a ________, __________, ____________, or an __________ associated with criminal behaviors
- Location
- Person
- Place
- Object
Making sure that evidence is collected in a _______ and ________ way helps officers understand what happened at the crime scene
- Correct
- Timely
The _______ and _________ of evidence guide officers toward completing the investigation successfully
- Rules
- Concepts
The __________________, found in chapter ___ of the Florida Statutes, provides the basic concepts and rules of evidence that may be used in a criminal or civil proceeding
- Florida Evidence Code
- 90
___________ is anything that tends to prove or disprove the existence of a fact
Evidence
There is a _________ distinction between evidence and proof
Legal
__________ is information that is allowed in court, while _________ is the effect produced by that information
- Evidence
- Proof
Evidence has 3 basic functions when offered in court:
- To prove or disprove a crime
- To support or undermine other evidence
- To help determine an appropriate sentence
There are 2 broad types of evidence:
- Direct
- Indirect (circumstantial)
___________ proves a fact without an inference or presumption and which, if true in itself, conclusively establishes that fact
Direct evidence
____________________ requires an interference or presumption to establish a fact rather than personal knowledge or observation
Indirect or circumstantial evidence
____________ that someone was speeding would be admission by the driver that they were speeding, speed measurement device results, and testimony from eyewitnesses who saw the driver speeding
Direct evidence
A example of _____________________ is eyewitness testimony that the defendant entered the victim's home around the time of the crime
Indirect or circumstantial evidence
Indirect or circumstantial evidence requires the judge or jury to ________ or ________ from the evidence that the defendant committed the crime
- Infer
- Assume
Direct and indirect evidence presented in court can be:
- Testimonial
- Physical
- Documentary
_______________ is a witness statement that tends to prove or disprove facts about the case
Testimonial evidence
_________________ refers to actual objects to prove or disprove facts about a case; this is the evidence which plays a ___________ in the crime in question
- Physical or real evidence
- Direct part
___________ evidence is generally less reliable than __________ evidence, because people perceive events differently, do not remember accurately, or lie
- Testimonial
- Physical
When you correctly identify, protect, collect, preserve, transport, and analyze physical evidence, it is less likely to deliver ________________
False results
Examples of physical or real evidence include:
- Trace evidence
- Biological and touch DNA evidence
- Impression evidence
- Firearms evidence
- Electronic evidence
- Chemical or toxicological evidence
- Questioned documents evidence
Physical or real evidence is crucial for the ___________, because it gives the jury something to touch and take back to the _____________ while they conduct deliberations
- Prosecutor
- Jury room
_______________ are the objects obtained by the defendant because of committing the crime
Fruits of a crime
_____________ are the items used by the defendant to commit the crime
Instrumentalities
___________ is any property that is illegal for a person to possess based on statute, ordinance, or rule
Contraband
_________________ is anything written or printed that is offered to prove or disprove facts pertaining to the case
Documentary evidence
- Money stolen by a bank robber is an example of ______________
- A crowbar used by a burglar to gain entry is an _____________ of the crime
- Child pornography found on a computer is ____________
- Bank records, medical records, or a certified copy of a driving history are examples of _____________
- Fruits of a crime
- Instrumentality
- Contraband and evidence
- Documentary evidence
_______________ refers to the legal requirements which must be met before a jury can see or hear about the evidence
Admissibility of evidence
Evidence must be deemed as ________ and _________ so that the court should receive it
- Relevant
- Real
Admissibility of evidence protects the defendant's ________________, guards the jurors from being __________________, and can ___________ a trial
- Constitutional rights
- Mislead or confused
- Expedite
The admissibility of evidence also depends upon several factors:
- The officer must obtain the evidence legally and preserve it properly
- The evidence must be relevant to the case
- The evidence cannot be unfairly prejudicial, confusing, or based on hearsay
The ____________________ doctrine holds that the court may exclude evidence from trial if the officer obtained it illegally
Fruits of the poisonous tree
The __________________ doctrine holds that if you execute a search warrant you believe is valid, but a court later determines that the warrant has a legal error, the court may still admit any seized evidence
Good faith exception
(True/False) If an illegal interrogation leads to the discovery of a murder weapon, the court may exclude both the information obtained from the interrogation and the weapon
True
The Florida Evidence Code recognizes that the need to protect communications within _______________ is more important than the ____________________ obtained from those communications
- Certain relationships
- Admissibility of evidence
(True/False) The disclosure of communication between a sexual assault counselor and a sexual assault victim, or communication between a domestic violence advocate and a domestic violence victim, CAN BE forced
False
Lesson 2
Secure and Protect the Crime Scene
The purpose of an investigation is to:
- Determine what happened during an incident
- Identify and locate the suspect
- Develop enough evidence to establish PC to make an arrest
The ____________________ focuses on establishing whether a criminal act has been committed and, if so, what type and when and where it was committed
Preliminary investigation
The initial or preliminary incident report should clearly document the ______________________ taken at the scene
Initial investigative steps
You may be the first officer responding to a crime scene, your first priority is to _______, _________, and _________ the scene to avoid contaminating any evidence
- Secure
- Protect
- Preserve
If you are the first officer responding to a crime scene, your second priority is to ______ for, ________, _________, __________, and __________ the physical evidence
- Search
- Identify
- Document
- Collect
- Maintain
The successful ____________ of a case can depend on the actions of the first responding officer and the state of the physical evidence at the time it is collected
Prosecution
Often, officers think the _________ is the end of their participation in a criminal case; however, they remain an integral part of the prosecution process until _________
- Arrest
- The case is resolved
When dispatch sends you to a potential crime scene, the operator will identify:
- Nature and location of the alleged crime
- Complainant's name and relationship to the scene location
- If someone is injured
While driving to a crime scene, consider key questions that will help you assess the situation adequately:
- What is the location?
- Are any weapons involved?
- Has the complainant indicated the suspects location?
- How many individuals are involved?
- How many officers are necessary to safely contain or control the situation?
- Do you need additional services?
- Do you need special equipment?
- Are any special concerns or dangers associated with the call?
After finding a crime scene location, identify:
- Officer safety concerns
- Any victim or witness injuries
- Information about, and evidence of, the crime
- The need for backup
The size of a crime scene depends on:
- Type of crime
- Type of evidence
- Location of the evidence
Use ________________ and statements from _______ and ________ to assist in determining the extent of the crime scene
- Personal observations
- Victims
- Witnesses
(True/False) Crime scene perimeters should be larger rather than smaller
True
(True/False) It is easier to enlarge the size of a perimeter rather than reduce it
False
A larger crime scene perimeter helps keep crowds away from the ____________
Evidence
When securing a crime scene, attempt to locate and identify the point of the suspect's ________ to and _______ from the crime scene by visually inspecting the scene
- Entry
- Exit
Evidence of entry or exit at a crime scene may include:
- Broken glass
- Pry marks around doorways
When securing a crime scene identify the pieces of evidence farthest from the _________ of the crime scene
Center
Establish boundaries for a crime scene and guard against unnecessary entrance by blocking off the area with _____________
Crime scene tape
A supervisor or investigator assigned to a case may later decide to adjust the original __________ or ___________ of the scene, based on the size and the type of crime scene
- Boundaries
- Perimeter
Once you establish a crime scene perimeter, do not allow any unauthorized removal or altercation of any _____________
Evidence
Unauthorized people at a crime scene can:
- Damage, contaminate, or destroy evidence
- Endanger officer safety
Protect a crime scene until you or someone in your agency can __________ and ________ it
- Photograph
- Document
Recognizing threats to evidence at a crime scene will determine the appropriate ______________________
Method of protection
Once you determine the nature of a crime scene and the type of crime, you can decide how to best ________ it
Protect
(True/False) You DO NOT have the authority to arrest any person who, after receiving warning, crosses an area marked by crime scene tape
False
Before you enter a crime scene to process evidence, determine if the location is ____________ or ____________ property
- Public
- Private
___________ property is for the use and enjoyment of the public and is open to the public
Public
____________ property belongs to an individual and is not open to the public
Private
A person occupying private property has an expectation of privacy that no one can violate without a ___________ or a valid _________ to the warrant requirement
- Search warrant
- Exemption
An officer has permission to enter a property based on exigent circumstances to conduct:
- A sweep for potential suspects
- To provide first aid
- If there is an indication that evidence will be lost, destroyed or removed prior to obtaining a search warrant or consent to search
The primary officer or investigator will designate a point of _______ and _______ and will assign an officer to maintain a crime scene log at that location
- Entry
- Exit
The ______________ is a document that details the name, rank, and agency of each person entering or leaving the scene, the date and time of the person's entry or exit, and the reason the person was at the scene
Crime scene log
If an investigator designates more than one point of entry or exit, they will assign an ___________ to each location and notify all officers to use the access point(s)
Officer
A crime scene log provides proof of crime scene ________ and validates the ______________ at the scene
- Security
- Evidence collected
(True/False) Officers not assigned to a crime scene still have access to the crime scene, as they are law enforcement officers
False
If evidence at a crime scene becomes contaminated or altered in any way, ______________________; include information about the original _________ of the evidence and the events leading to its _______ or _________
- Document the incident in your report
- Condition
- Damage
- Destruction
Upon arrival at a crime scene, the supervisor or investigator will usually coordinate duties such as:
- Evidence collection
- Securing the scene perimeter
- Assign shifts for officers, taking weather and staffing limitations into consideration
The ________ and _______ of crime scene search determine the number and type of personnel or resources needed for the processing scene
- Size
- Type
Larger agencies have _________________________ that can process the scene and collect evidence; other agencies require _________ to process scenes
- Specialized crime scene units
- Responding officers
The responding officer's ________________ will decide whether to request crime scene or investigative assistance and determine crime scene ___________ for crime scene service; agencies may call for outside assistance, such as ___________ crime scene personnel
- Supervisor
- Jurisdiction
- FDLE's
Lesson 3
Manage Victims, Witnesses, and Suspects
A person at the scene of an incident can belong to one or more of these categories:
- Complainant
- Victim
- Witness
- Suspect
A victim may also be the ____________, or a person identified as a witness may become a __________ as the investigation progresses
- Complainant
- Suspect
When establishing who at the scene of an incident may have information, ask those present ____________ and ____________ in the incident
- Where they were
- How they were involved
You may not have the time or the resources to question all people at a crime scene; determine who has the most ________________ and ______________ of the incident
- Information
- Knowledge
When identifying people at a crime scene, ask the victim or complainant who was present during the crime or event to name any potential ______________ of the incident. In addition, ask any witnesses if anyone else was involved and, if so, what their _______ were. This will help verify individual __________
- Witnesses
- Roles
- Statements
When identifying people at a crime scene, in your notes, document:
- Names
- Dates of birth
- Genders
- Races
- Addresses
- Telephone numbers
Witnesses may try to _______ or remain in the ___________ when you attempt to ask them questions
- Leave
- Background
In a criminal investigation, you must keep victims, complainants, and witnesses _____________. Tell them not to talk to each other or discuss the incident with anyone until after you complete their ___________. This keeps them from __________ their accounts of what happened
- Separated
- Interview
- Coordinating
In a criminal investigation, place people in separate locations, near the _____________ area, but in a place that poses no risk of contaminating ___________. Ideally they should be far enough apart so that they cannot ____ or _______ each other
- Crime scene
- Evidence
- See
- Hear
When separating people involved in a crime scene, if separate rooms are not available, isolate people within one large room by placing them on _______________ of the room with their _______ to each other. Make sure that there is enough distance between them so they cannot have _______________
- Opposite sides
- Backs
- Physical contact
Another possible controlled area to separate people involved in a crime scene is inside a _____________. However, due to _______________, place only one person inside. If necessary, another officer can stay with each person to ensure ________ and ________
- Patrol car
- Space limitations
- Control
- Safety
Separating people involved in a crime scene will help each one focus on what they ______ or ______ and maintain the _________ of their statements
- Saw
- Heard
- Integrity
Multiple witnesses who have experienced the same event (never/rarely) recall the same details. A witness overhearing another person describe the same event may be tempted, even unconsciously, to repeat the other witness' ______________. Working together, they may come up with accounts that _____________
- Never
- Version of the crime
- Differ from the facts
Some people involved in a crime scene may try to ____________ other into giving false information. Make sure that while victims or witnesses are giving statements, no one can intimidate them _______ or _________. If a suspect or another witness attempt's to influence witnesses' statements, you may need to ___________________
- Intimidate
- Visually
- Verbally
- Remove them from the scene
An interviewee may want to help the suspect by diverting ____________________ away from them. People involved may may also try to ____________, such as weapons or contraband, to each other to hide it
- Evidence of involvement
- Pass evidence
Separating _________________ during a crisis might make a difficult situation worse. Use your best ___________ and react with _______ when assessing whether separating family members is necessary. In a _________________ incident, for example, separation of certain family members may not be appropriate
- Family members
- Judgement
- Empathy
- Child abuse
If an interviewee is suffering from physical or mental trauma, make a note to interview this person later when they have _____________. For safety reasons, always maintain ________________ with the victims, witnesses, complainants, and suspects
- Recovered
- Visual contact
If you are providing emergency first aid and the victim does not have life threatening injuries, consider asking the victim direct, fundamental questions about how they sustained the injury, such as:
- Who hit you?
- What did the suspect use to hit you?
- Where were you hit?
- Where were you standing when you were hit?
- When were you hit?
- How were you hit?
- Why were you hit?