searching for evidence. investigators need to conduct a methodical and thorough search of the crime...
TRANSCRIPT
The method of search depends on:
LocationSize of the areaComplexity of the crimeNumber of investigators
available
(You want there to be enough investigators to adequately cover the area, but not so many that they get in each other’s way.)
A large area may be divided into smaller segments with each being searched systematically in turn.
This type of approach is called a
Zone or Quadrant search.
Lane, line or strip search in which a line of officers move forward side by side in a pattern that covers the
entire area.
Spiral Search in which officers move in a spiral starting either
from the perimeter and moving in toward the center, or start at the
center and move outward.
The 4th amendment guarantees the right to be free from
unreasonable search and seizure.
To protect this right police are required in most circumstances to obtain search warrant signed by a
judge.
To obtain a search warrant police must
convince a judge that they have a good, solid reason for the search
(Probable Cause).
In the affidavit filed requesting the warrant the police must
specify:
the location to be searchedthe items sought
the reasons they expect to find those items at that location
(the Probable Cause)
The warrant gives police the right to search, but also sets
limits on that search.
For example if a warrant only specifies the suspects house, then the suspect’s car and a storage shed on the property could not be included in the
search.
The search can only include places at that location where
it would be reasonable to expect to find the items listed
on the warrant.
For example if the warrant listed crates of weapons,
then a draw would not be a reasonable location to
search, since a crate would not fit in the draw.
If a police officer opened a draw and found a weapon, or drugs the officer would
not be permitted to confiscate them and they
could not be used in court.
To avoid these issues police will often include adjacent buildings,
the suspect’s cars, etc in the search warrant request, as well as a number of small items, such
handguns, drugs, etc. in the affidavit.
They must however be able to demonstrate to the judge that
they have probable cause for all items and locations listed.
Emergent Situation:
When an emergency exists and someone’s life or health is in
danger police may enter a building, structure or vehicle
without a warrant.
Any evidence collected in the course of dealing with that
emergency is usable in court.
If the police leave the scene and then return later to
collect additional evidence they will need a warrant
for the subsequent search.
Impending loss of evidence:
Where a suspect or some outside influence, natural disaster, etc threatens to destroy evidence before a warrant could be obtained police have a right to enter and collect that evidence.
They will have to convince a judge afterwards that they had enough probable cause to enter and that a warrant would have been granted if
time had permitted.
A person is legally arrested:
At the time of an arrest any property/location the person has immediate control of is
open for search. This includes the
location/property/vehicle present at the time of the
arrest.
Consented search
If an officer asks for permission and that
permission is granted anything found in that search is admissible in
court
For example:
The police come to your house and ask your parents if they
can search your room for drugs.
If your parents say yes then any
drugs, drug paraphernalia or weapons found are usable in
court.
Airport security searches are considered to be consented
searches since you know at the time you bought the ticket that you and your luggage could be searched prior to boarding the
plane.
Buying the ticket, therefore, implies consent to be searched.
Types of Evidence
What to search for and the types of evidence collected
at a crime scene depend upon the nature of the
crime.
In a homicide the search would center on the
weapon and the types of evidence that could have been transferred between
the victim and the assailant.
In a burglary the search would include tool marks, or damage at the points of entry to determine if
there was a forced entry and on fingerprints.
In a hit and run the outside and undercarriage of the car would be searched for trace evidence of contact between the car and the
victim, i.e. traces of paint, broken glass, etc.
Types of evidence may include, but are not limited to:
Fingerprints FootprintsTool marks FibersHair BloodDNA Body FluidsTire tracks Victim’s clothingBullets and shell casings Hand swabsFingernail scrapings (for gunshot
residue)
The size of the evidence can vary from the size of a truck
involved in an accident to microscopic particles of skin
and hair.
Specially equipped vacuums are sometimes used to find
small, trace particles.
Some evidence requires special chemicals and/or lights to locate and
identify.
To find small items searchers will use a flashlight held at an angle, close to
the surface being searched.
This type of oblique lighting casts an elongated shadow making the object
easier to spot.
Packaging evidence
The goal is to maintain the evidence in as close to its original
condition as possible.
Each piece of evidence should be packaged separately to avoid cross contamination, altering, obscuring
or erasing evidence.
The only exception to this is where the evidence in attached to
something and the relationship between them may be important, in
this case the two will package together and an attempt will be
made to insure that the relationship remains intact.
General considerations:1) Wet items must be dried to prevent
mold/mildew.
2) Containers should be sealed to prevent loss of evidence and leaks
3) Biological items should be dried and placed in a freezer.
4) Items with trace evidence attached should be packaged with the item attached if possible.
General considerations:
5) Firearms are fixed rigidly in a wooden container
6) Arson evidence is placed in airtight containers so that any volatile chemicals such as accelerants cannot evaporate.
7) Samples of known/control sources will be collected whenever possible.