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Advanced Investigative Techniques Final Review

Terms in this set (121)

Probable Cause
reasonable believe based on facts
Bill of Rights
protects citizens from a strong federal government, first ten amendments to the US constitution
Fourth Amendment
Protection from unreasonable search and seizure
Fifth Amendment
Due process, eminent domain, no double jeopardy, right to remain silent (you can't be forced to testify against yourself) and the right to be tried by a grand jury for a capital offense
Locard's Exchange Principle
Every contact leaves a trace; when a person comes into contact with another person or object there is a cross transfer of physical evidence
Albert Bertillon
"Father of NCIC", created the system of all information in one place
Sir Robert Peel
Rule of Law, first law enforcement agency
Sir Alec Jeffreys
developed the first DNA profiling test revolutionized law enforcement
Due Process
the fairness of the trial
Discovery
the government plays fair and shares every piece of evidence they have on the case to the judge/defense/court
First goal of every investigation
Get probable cause
Reasonable
used by court to judge the actions of a police officer, "litmus test" of law enforcement officer's actions
Suppression Hearing
judge decides what evidence will be let in or suppressed
Brady Material
Evidence that exonerates the subject of the case
Arraignment
occurs 24 - 48 hours after arrest
the judge reads the defendant their rights, tells them their charges, sets bail, and provides them a lawyer (the fifth amendment)
Bail
used as an insurance policy
DNA
It can convict and it can exonerate if wrongfully convicted, can link to other crimes if similar are found
Familial DNA
if a family member was arrested and there is a cold case, the police can maybe find a relation from the DNA found at a scene to a family member who has been previously arrested thus giving them a lead to the criminal
Grand Jury
Investigate criminal activity and charge with a crime based upon PROBABLE CAUSE
Grand Jury
23 members
Grand Jury
majority needed to indict
Grand Jury
numerous cases are dealt with
Grand Jury
Secret proceedings
Trial Jury
determine guilt or innocence based on proof beyond a reasonable doubt
Trial Jury
12 members
Trial Jury
Deals with one case
Trial Jury
Public testimony open to press and spectators
Indictment
charges against someone
True Bill
the action by a grand jury when it votes to indict an accused suspect
Subpoena
greatest tool, commands people to turn over evidence/testify
Affidavit
a sworn written statement
First Part of Affidavit
Introduce Self/case
Second Part of Affidavit
Statement of Probable Cause
Third Part of Affidavit
Specific location/person
Fourth Part of Affidavit
Specific item to be seized
Fifth Part of Affidavit
Action item by judge
Supreme Court
makes the rules, we follow them
Interviewing
who, what, when, where, why, how
Goal of Interview
Get information
Goal of interrogation
to get a confession
Miranda Warning: Two Prongs
Custody
Miranda Warning: Two Prongs
Interrogation
Eyewitness ID Problems
Cross racial, stress, gun stress, too much time elapsed
Double Blind Sequential
Find an officer who does not know any details of the case, the officer reads the instructions and their rights, the witness then signs off on them, the officer states that even if the witness cannot identify someone they will still continue the investigation, the officer then presents the images one at a time to the witness as many times and as slow as needed
Stop and Frisk Pro
lessens weapons on the streets
Stop and Frisk Cons
causes a racial bias
Plain Feel Doctrine
contraband, "immediately apparent" it was contraband, Minnesota v. Dickerson
Level of Proof for Arrest
Probable Cause
Length of Detention for Arrest
24 hours
Intrusiveness for Arrest
Full Search
Can police ask for identification for Arrest?
Yes
Level of Proof for Investigative Detention
Reasonable Suspicion
Length of Detention for Investigative Detention
30 minutes
Intrusiveness for Investigative Detention
Pat Down
Can police ask for ID for investigative detention?
Yes
First Steps of Every Investigation
NCIC, CLEAR, DMV, Venue, Element, Timeline
What is the venue?
Where the crime occurred
What is the element of a crime?
What is being proven?
Value of a Timeline
Organizational tool
3 Levels of Proof
reasonable suspicion, probable cause, proof beyond a reasonable doubt
Aspects of Chain of Custody
written, chronological, unbroken
Chain of Custody
record of everything who has maintained custody of the evidence
Authorization Levels of Advanced Investigative Techniques
Fourth Amendment protections, reasonable expectation of privacy, protected against unreasonable searches, particularly describing the place to be searched and the persons or things to be seized
Reasonable Expectation of Privacy
every citizen legally/illegaly, Katz v. U.S.
Pole Camera: Renewal date
every 30 days
Pole Camera: Value
capture criminal activity on video
Pole Camera: Level of Proof
reasonable suspicion
Pole Camera: Permission
need from department (supervisor)
Pole Camera: Warrant?
No warrant
Mail Cover: Renewal Date
every 120 days
Mail Cover: Value
record is made of all data on outside of piece of mail, bank accounts, credit cards
Mail Cover: Level of Proof
Reasonable suspicion
Mail Cover: Permission
Written request to Postal Inspector
Mail Cover: Warrant?
No warrant
Garbage Grab: Value
can take trash and analyze it for evidence, trash brought to curb
Garbage Grab: Level of Proof
Reasonable Suspicion
Garbage Grab: Permission
Supervisor
Garbage Grab: Warrant?
No warrant
Curtilage
abandoned property
GPS: Renewal date
every 30 days
GPS: Value
electronic tracking device attached to vehicle
GPS: Level of Proof
Probable Cause
GPS: Permission
Judge
GPS: Warrant?
Needs warrant
Polygraph: Value
Detects deception, BP, Sweat, heart rate, breathing, sphincter muscle
Polygraph: Permission
taken by consent
ELSUR
Electronic surveillance, consensual monitoring, pen register, title III/wiretap
Consensual Monitoring: Value
body wire, telephone
Consensual Monitoring: Level of Proof
Reasonable suspicion
Consensual Monitoring: Permission
Department of Justice
Consensual Monitoring: Warrant?
No warrant
Pen Register: Renewal Date
every 30 days
Pen Register: Value
trap and trace, duration of calls, captures outgoing and incoming calls
Pen Register: Level of Proof
Probable Cause light
Pen Register: Permission
Court signed order
Pen Register: Warrant?
No warrant
Title III/Wiretap: Renewal Date
every 30 days, tickle the wire
Title III/Wiretap: Value
convict them with their own words
Title III/Wiretap: Level of Proof
Probable cause heavy
Title III/Wiretap: Permission
court order signed by judge
Title III/Wiretap: Warrant?
Needs warrant
Minimization
be monitored by live body 24/7, 6 agents total, if speaking to doctor, priest, lawyer must turn of, strictly regulated
RICO and Money Laundering
20 years in prison and forfeiture
Goals of Criminal Enterprise Investigation
Identify, disrupt, dismantle, deter
FinCen
cooperation between private sector and government to stop money laundering
Money Laundering
Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
SAR
Suspicious Activity Report
-File for transaction > $5K that appears questionable
CTR
A currency transaction report must be filed within 15 days of a cash deposit in excess of $10,000
Structuring
person makes more than one large deposit to avoid suspicion and filling out CTR
NIBIN/IBIS: Collect what type of data
bullets, weapons
NIBIN/IBIS: Number of files
2.8 million
NIBIN/IBIS: Value to Investigation
-not a national database for guns
-contains bullets and weapons ID that have been used in crimes
-if used again in a crime, they can be linked
-able to find sellers that have the gun to link to person
NCIC: Collect what type of data
people, property, criminal history, warrants
NCIC: Number of files
15 million uses daily
21 files, 7 property, 14 persons
NCIC: Value to an investigation
-foundation for law enforcement
-available 24/7, 365 days a year
-contains stolen cars/license plates, stolen property, missing persons
IAFIS: Collect what type of data
fingerprints, tattoos, scars
IAFIS: Number of files available
120 million
IAFIS: Value to an investigation
able to link a person to a crime, has distinct features of a person that makes them unique
CODIS: Collect what type of data
DNA
CODIS: Number of files available
13.4 million
CODIS: Value to an investigation
can link offenders to multiple crimes, if offender has committed a crime they are in the system already, familial DNA, convict and exonerate
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