Criminal Investigations Exam 3

Chapter 8: Surveillance

Kinds of Surveillance

Moving

surveillance moves about to follow the subject

Fixed

surveillance remains in the same position of locale ( stakeout)

Electronic or Technical

use of any form of equipment to monitor movement or actions of subject

Wiretapping

intercepting messages passing over telephone wires

Mail covers

copying writing/images addressed to particular person/address

Bugs

eavesdropping on private conversation

Pen registers

captures dialed numbers and related information to which outgoing calls or communications are made

GPS devices

tracks movement of person or piece of merchandise

Loose Suerveillance

locate suspect by tailing their relatives or friends

Close Surveillance

subject kept under constant surveliance

Open Surveillance

surveillance with little or no attempt at concealment

Electronic Communications Privacy Act ( 1986)

Title I ( aka Wiretap Act)

regulates electronic surveillance of conversations

Title II

regulates access to email, fax communications, and voicemail

Title III

regulates call-tracing device, such as caller ID and pen registers

Bugs, Pen Registers, GPS Devices

Monitoring Conversations

Katz V. United States(1967)

Violation of 4th amendment to conduct a search and seizure without a warrant anywhere a person has a reasonable expectation of privacy

Dalia V. United States(1979)

4th amendment does not prohibit covert entry to install otherwise legal electronic bugging equipment

Monitoring Telephone Usage

Smith V. Maryland(1979)

use of pen register to obtain information on subject's phone calls to a "search" so no warrant required

Riley V. California (2014)

warrantless search and seizure of digital content of cell phone during is unconditional under 4th amendment

Monitoring of Motor Vehicles

United States V. Jones ( 2012)

installing GPS tracking device on vehicle and using it to monitor vehicle's movement constitutes search under 4th amendment

Visual and Sound Enhancement Devices

On Lee V. United States(1952)

use of bifocals, field glasses, or telescope to magnify object of vision is not a forbidden search and seizure

California v. Ciraolo (1986)

flying over backyard does not warrant a search

Florida V. Riley (1986)

police traveling in public airways at 400 feet not required to obtain a warrant to observe what is visible to naked eye

Kyllo V. United States (2001)

Using a technological device to explore details of a home that would have been unknowable without physical intrusion is a search and is unreasonable without a warrant

Chapter 9: Interrogations

Interrogations and Miranda

practice has been affected by the Supreme Court

Miranda v. Arizona

prosecution can not use statements from custodial interrogation of defendant unless used procedural safeguards effecting in privilege against self-incrimination

Miranda Guidelines

-The right to remain silent

Miranda Guidelines

-Anything you say can and will be used against you

Miranda Guidelines

-You have the right to an counsel ( attorney)

Miranda Guidelines

-Counsel for the indigent (attorney pointed to you)

Miranda Guidelines

-The wish to remain silent

Miranda Guidelines

-Waving one's rights

Miranda Guidelines

-Admission of statements

Waving one's rights

Investigator must prove person voluntarily and knowingly waived rights and decided to answer questions

Preparation for Interrogation

One of most important factors for successful interrogation

A diligent investigator will

Visit the crime scene or refresh memory by reviewing photographs

A diligent investigator will

Reviews entire file to be throughly familiar with all details of case

A diligent investigator will

Understand how physical evidence helps reconstruct crime or connect suspect to scene or victim

A diligent investigator will

Learn about subject from family, friends, prior criminal records,/or prior contacts with others in department

Interrogation Setting

Use decor that prevents distraction of sound or sight

Interrogation Setting

Sparsely furnished, relatively soundproof, windowlesss, bare walls, subdued light

Creating the Tone in Interrogations

Sex of Interrogator(s)

-makes no difference of most of the time

Sex of Interrogator(s)

-Determined by experience, nature/type of crime, suspect, and personal bias

Sex of Interrogator(s)

-When there are female suspects there usually a female interrogators also with juiveniles

Conducting the Interrogation

refers to point in interrogation investigators recognizes person to confess

Manifest itself in several ways:

Stop denying involvement in or commission of crime

Manifest itself in several ways:

Repeats phrase like " not that I remember "

Manifest itself in several ways:

Poses hypothetical questions

Manifest itself in several ways:

Constant display of uneasiness

Manifest itself in several ways:

At this point, need to show suspect confession is the way out

Documenting the Interrogation

-Statements overlooked during interviews can be used for training new officers and self-evaluation of experienced officers

Documenting the Interrogation

-Increase public confidence in police practices

Benefits of recording interviews and interrogations

creates permanent record of what was said and done, how suspect acted, and how officers treated suspect

Benefits of recording interviews and interrogations

Voluntary admissions and confessions are indisputable

Benefits of recording interviews and interrogations

Officers can concentrate on suspects demeanor and statements

Benefits of recording interviews and interrogations

Ability to obtain confessions and admissions affected by recording

Benefits of recording interviews and interrogations

Can retrieve leads and inconsistent

Types of cases videotaped

-Required to videotape all felony interrogations and those involving juvienile's

Types of cases videotaped

-Murder was the most common crime for which interrogations were videotaped

Types of cases videotaped

-Usage decreases as percieved seriousness of crime decreases

Reducing Confession to Writing

-If not recorded, should obtain confession written by suspect

Reducing Confession to Writing

-Can stenographer, through less desirable

Reducing Confession to Writing

-Post-Miranda, not recommended for investigator to structure confession statement

Reducing Confession to Writing

-Should not use question and answer format

Reducing Confession to Writing

-Investigator should not supply or coach suspect

Witnessing the Confession

-Evidence adds to internal pressure felt by guilty person

Witnessing the Confession

-Could also be due to duress (i.e torture, brutality)

Witnessing the Confession

-Unnesscary if person is guilty and if other social-psychological conditions prevail

Horowitz's five social-psychological conditions that can elicit a confession

Accusation: Must perceive, mentally, or visually, they are being blamed for the crime

Horowitz's five social-psychological conditions that can elicit a confession

Evidence is Available: believe evidence of their involvement in crime exists, whether produced or not

Horowitz's five social-psychological conditions that can elicit a confession

Friendly and Hostile Forces: factors contributing to psychological uneasiess

Horowitz's five social-psychological conditions that can elicit a confession

Guilty Feelings: need to be strong enough to cause inner peace to crumble

Horowitz's five social-psychological conditions that can elicit a confession

Confession as a way out: make suspect aware confession is a path deliverance and mental freedom

False Confession

Confession when innocent person is more common among mentally impaired, young people, and those who are " easily led"

Speaking of Psychology (2017)

• U.S use confrontational interrogation with police allowed to lie about evidence

Speaking of Psychology (2017)

-Confessions typically include information not known to the public

Speaking of Psychology (2017)

-Judges determine if confession was voluntary while juries determined its credibility

Three types of confession

Voluntary: individuals offer confessions to crime they didn't commit

Three types of confession

Complaint: individuals confession to get out of uncomfortable situation( interrogation)

Three types of confession

Internalizing: interrogation tactics convince the person guilty

Criminal Law

-American definitions of crime are rooted in English common law

Criminal Law

-State criminal laws can vary on punishments and definitions of elements of crime

Substantive Criminal Law

describes forbidden acts and punishment to be imposed when law is broken

Three rules that must be followed when creating laws

Cannot be too broad or vague

Three rules that must be followed when creating laws

Can't be ex-post facto

Three rules that must be followed when creating laws

Can't criminalize a status