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Chapter 16 Chapter 16

The Crime Scene, the The Crime Scene, the Chain of Custody Chain of Custody

Requirement, and the Use Requirement, and the Use of Fingerprints and Trace of Fingerprints and Trace

EvidenceEvidence

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The Crime sceneThe Crime scene Chain of CustodyChain of Custody Fingerprints and Trace EvidenceFingerprints and Trace Evidence

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Obtaining Evidence From a Obtaining Evidence From a Crime SceneCrime Scene

When a crime occurs in a private When a crime occurs in a private premise such as a home, apartment, premise such as a home, apartment, office, or factory, law enforcement office, or factory, law enforcement officers most often enter with the officers most often enter with the consent of family and victims.consent of family and victims.

Law enforcement officers may stay in Law enforcement officers may stay in a a crime scenecrime scene for a reasonable for a reasonable period of time to perform whatever period of time to perform whatever tasks they are obligated to do. tasks they are obligated to do.

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What can police search for in premises What can police search for in premises where a serious crime has recently where a serious crime has recently

occurred?occurred? The court held in Mincey that law The court held in Mincey that law

enforcement officers may make enforcement officers may make “warrantless entries and searches “warrantless entries and searches when they reasonably believe that when they reasonably believe that a person within is in need of a person within is in need of immediate aid” (immediate aid” (emergency emergency situationssituations) ) Law officers “may make a prompt Law officers “may make a prompt warrantless search of the area to warrantless search of the area to see if there are other victims or if see if there are other victims or if a killer is still on the premises”a killer is still on the premises”

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What can police search for in What can police search for in premises where a serious crime has premises where a serious crime has

recently occurred? (Cont.)recently occurred? (Cont.)

The police “may seize The police “may seize any evidence that is in any evidence that is in plain viewplain view during the during the course of their legitimate course of their legitimate emergency activities”emergency activities”

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Courts do not require that police Courts do not require that police have any specific reason to fear a have any specific reason to fear a particular person remains inside the particular person remains inside the premises (e.g., premises (e.g., U.S. v. MataU.S. v. Mata, 5, 5thth Cir. Cir. 2008).2008).

But a sweep could be justified if it is But a sweep could be justified if it is known that a large amount of drugs known that a large amount of drugs has just entered the premises.has just entered the premises.

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Obtaining Scent Evidence from Obtaining Scent Evidence from the Crime Scenethe Crime Scene

Identification of a suspect may be Identification of a suspect may be made from clothing, blood, or bodily made from clothing, blood, or bodily fluids found, and a tracking dog can be fluids found, and a tracking dog can be used to follow the scent of a suspect.used to follow the scent of a suspect.

Scent evidence can be used, so a dog Scent evidence can be used, so a dog may:may: 1. Follow the trail of a suspect from the 1. Follow the trail of a suspect from the

crime scenecrime scene

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Using Scent Evidence, cont.Using Scent Evidence, cont.

2. Identify suspect in a scent lineup2. Identify suspect in a scent lineup 3. Place a suspect at or near the scene 3. Place a suspect at or near the scene

of the crimeof the crime 4. Establish probable cause for arrest or 4. Establish probable cause for arrest or

a search warranta search warrant 5. Locate missing persons5. Locate missing persons

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Protecting and Searching a Protecting and Searching a Crime Scene Crime Scene

The first officer to arrive at the The first officer to arrive at the scene of the crime automatically scene of the crime automatically incurs the serious and critical incurs the serious and critical responsibility of securing the responsibility of securing the crime scene from unauthorized crime scene from unauthorized intrusions.intrusions.

To prove that evidence is genuine To prove that evidence is genuine and authentic, and to show that and authentic, and to show that the object is what is claimed to be, the object is what is claimed to be, a witness would have to be able a witness would have to be able to:to:

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Testify about where and how the Testify about where and how the object was obtainedobject was obtained Identify the object by a serial Identify the object by a serial

number if a serial number is on the number if a serial number is on the object object

Identify the object based upon Identify the object based upon personal knowledge and personal knowledge and observationsobservations

““If the evidence is not readily If the evidence is not readily identifiable or is susceptible to identifiable or is susceptible to alteration by tampering, alteration by tampering, substitution, or contamination, the substitution, or contamination, the party must establish a chain of party must establish a chain of custody.”custody.”

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The Chain of Custody The Chain of Custody RequirementRequirement

To use physical evidence in a To use physical evidence in a criminal or civil trail, the party criminal or civil trail, the party offering the evidence has the burden offering the evidence has the burden of proving that the evidence is of proving that the evidence is genuine and authentic.genuine and authentic.

If the evidence (such as fingerprints If the evidence (such as fingerprints or illegal drugs) could be subject to or illegal drugs) could be subject to alteration by tampering, alteration by tampering, substitution, or contamination, a substitution, or contamination, a chain of custodychain of custody must be shown. must be shown.

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The Chain of Custody The Chain of Custody Requirement (Cont.)Requirement (Cont.)

Chain of CustodyChain of Custody: : allall persons who persons who had possessions of the evidence had possessions of the evidence must appear as witnesses to must appear as witnesses to testify that the fingerprints or testify that the fingerprints or illegal drugs had not been illegal drugs had not been tampered with, substituted, or tampered with, substituted, or contaminated while the witness contaminated while the witness had custody and control of the had custody and control of the evidence.evidence.

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Situations Not Requiring a Situations Not Requiring a Chain of CustodyChain of Custody

A chain of custody is not A chain of custody is not required if the object to be used required if the object to be used as evidence is not subject to as evidence is not subject to alteration by tampering, alteration by tampering, substitution, or contamination. substitution, or contamination.

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The following cases are The following cases are examples:examples:

A chain of custody is not A chain of custody is not required in most shoplifting required in most shoplifting cases.cases. A pistol was held to be admissible A pistol was held to be admissible

without showing a chain of custody.without showing a chain of custody. Twenty-two silver dollars stolen Twenty-two silver dollars stolen

from a pawn shop were admitted from a pawn shop were admitted for use in evidence although the for use in evidence although the victim couldn’t specifically identify victim couldn’t specifically identify them.them.

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Fingerprints as EvidenceFingerprints as Evidence Latent fingerprintsLatent fingerprints: Prints that are : Prints that are

not visible, that are “processed” and not visible, that are “processed” and then taken from a crime scene, can then taken from a crime scene, can then be compared with fingerprints then be compared with fingerprints on file in local, state, or FBI files. on file in local, state, or FBI files.

Fingerprints are perhaps the most Fingerprints are perhaps the most common form of physical evidence, common form of physical evidence, and certainly one of the most and certainly one of the most valuable. They relate directly to the valuable. They relate directly to the ultimate objective of every criminal ultimate objective of every criminal investigation: investigation: the identification of the identification of the offender.the offender.

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Forged IdentityForged Identity

Due to forged identifications, law Due to forged identifications, law enforcement has increased security enforcement has increased security in identifying persons using their in identifying persons using their fingerprints.fingerprints.

Interpol, in 2008, reported that over Interpol, in 2008, reported that over 6 million passports have been lost or 6 million passports have been lost or stolen in recent years. stolen in recent years.

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Forged Identity (Cont.)Forged Identity (Cont.)

An equipment innovation in 2008 has An equipment innovation in 2008 has made fingerprint analysis good for made fingerprint analysis good for not only identifying a person, but not only identifying a person, but determining if the person has determining if the person has touched drugs, explosives, poisons, touched drugs, explosives, poisons, or other substances.or other substances.

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Obtaining FingerprintsObtaining Fingerprints

Persons in a lawful police custody Persons in a lawful police custody are routinely fingerprinted and are routinely fingerprinted and photographed. Persons who have photographed. Persons who have served in the military have their served in the military have their fingerprints on file, as do many fingerprints on file, as do many government employees and government employees and people who receive licenses for people who receive licenses for such occupations as bartending such occupations as bartending driving a taxicab, working in driving a taxicab, working in private security, etc.private security, etc.

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Proving That Fingerprints Were Proving That Fingerprints Were Impressed at the Time of the Impressed at the Time of the

CrimeCrime Fingerprints are Fingerprints are circumstantial evidencecircumstantial evidence

from which from which inferences must be drawninferences must be drawn. . It is impossible to determine how old a It is impossible to determine how old a

print is or when it was originally made. print is or when it was originally made. As a general rule, the prosecution must As a general rule, the prosecution must

first introduce fingerprint evidence by use first introduce fingerprint evidence by use of an expert witness and show a chain of of an expert witness and show a chain of custody to prove that the evidence is custody to prove that the evidence is authentic, genuine, and has not been authentic, genuine, and has not been tampered with.tampered with.

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Proving That Fingerprints Were Proving That Fingerprints Were Impressed at the Time of the Impressed at the Time of the

CrimeCrime To prove that fingerprints To prove that fingerprints

were impressed at the time were impressed at the time of the crime, the following of the crime, the following evidence could be used:evidence could be used:

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Testimony of the victim or a Testimony of the victim or a witness that the defendant witness that the defendant touched or handled the object touched or handled the object on which the fingerprints were on which the fingerprints were found.found.

Testimony that the surface had Testimony that the surface had been washed or cleaned just been washed or cleaned just prior to the crimeprior to the crime

Fingerprints found in a home or Fingerprints found in a home or an area to which the defendant an area to which the defendant did not have access to.did not have access to.

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Trace evidence: The smallest Trace evidence: The smallest things can make the biggest things can make the biggest

difference.difference.Trace evidenceTrace evidence: most often : most often applied to minute or applied to minute or microscopic bits of microscopic bits of materials that are not materials that are not immediately apparent to immediately apparent to even a trained even a trained investigator.investigator.

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Criminal crosses back Criminal crosses back porch, steps on brown porch, steps on brown paper bagpaper bag

Criminal breaks a small Criminal breaks a small glass pane on the back glass pane on the back doordoor

Struggles with Struggles with homeownerhomeowner

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Obtaining Evidence by the Use Obtaining Evidence by the Use of Tracking Devicesof Tracking Devices

GPS (Global Positioning System) is GPS (Global Positioning System) is being utilized more and more by law being utilized more and more by law enforcement.enforcement.

The Federal Rules of Procedures (2006) The Federal Rules of Procedures (2006) include tracking provisions such as:include tracking provisions such as: A federal district court magistrate judge A federal district court magistrate judge

can issue an installation warrant.can issue an installation warrant. The person or property to be tracked must The person or property to be tracked must

be identified.be identified.

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Tracking Devices (Cont.)Tracking Devices (Cont.)

The courts have also held that the The courts have also held that the installation of a device in a public installation of a device in a public place does not require a warrant.place does not require a warrant.

A warrant is necessary in a private A warrant is necessary in a private place (such as a private garage).place (such as a private garage).

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Examples of Some Other Examples of Some Other Types of EvidenceTypes of Evidence

Palm prints and lip Palm prints and lip printsprints

Footprints and shoe Footprints and shoe printsprints

Bite marksBite marksTire tracksTire tracks