Intermediate Crime Scene Search Course - Del Mar Regional Police Academy

1. 4101 Old Brownsville Road Tel: (361) 698-1706 Corpus Christi, TX 78405 Fax: (361) 698-1828 www.delmar.edu/legalprof/le Del Mar Regional Police Academy Intermediate Crime Scene Search

2. CRIME SCENE SEARCH Del Mar Regional Police Academy Intermediate Crime Scene Search

3. COURSE OBJECTIVES • summarize the legal aspects of a crime scene search • recognize the major issues of an investigation • demonstrate the use of a crime scene sketch • explain the use of crime scene photography • describe the fingerprint processing • identify, collect, and preserve evidence • perform a crime scene search Del Mar Regional Police Academy Intermediate Crime Scene Search

4. LEGAL ASPECTS 14TH Amendment Court decisions Probable cause warrants Del Mar Regional Police Academy Intermediate Crime Scene Search

5. THE CRIME SCENE SEARCH • Planned and coordinated legal search of a crime scene to locate physical evidence or witnesses to a crime under investigation • Establish a crime was committed • Place the suspect at the scene • Eliminate persons • Cause suspects to confess • Support witness testimony • When, where, why, how, and who about the crime Del Mar Regional Police Academy Intermediate Crime Scene Search

6. REQUIREMENTS • 14th Amendment • Privileges and immunities of citizens • Due process of law • Equal protection • 4th Amendment – unreasonable searches and seizures • 5th Amendment – self-incrimination • 6th Amendment – right to confront & counsel Del Mar Regional Police Academy Intermediate Crime Scene Search

7. LEGAL ISSUES • Probable cause • Exclusionary Rule CCP 38.23 • Fruit of the Poison Tree Doctrine • Search incident to lawful arrest • Good faith exception CCP 38.23 • Inevitable discovery doctrine • Computer errors exception Del Mar Regional Police Academy Intermediate Crime Scene Search

8. TYPES OF SEARCH WARRANTS • Judge’s written order authorizing a search of a specific place and to seize evidence • Anticipatory – affidavit showing that evidence will be at a specific time/place at a future date • Blanket – search more than one area and seize everything found w/o specifying which items may be seized • No-knock – enter w/o knocking/announcing due to destruction or endanger officers/others Del Mar Regional Police Academy Intermediate Crime Scene Search

9. SEARCH WARRANTS REQUIREMENTS • CCP Chapter 18 • Three stages • The affidavit • Execution of the warrant • Warrant return • Executed promptly • Search within the scope Del Mar Regional Police Academy Intermediate Crime Scene Search

10. SEARCH WARRANT ADVANTAGES • Evidence seized by a warrant is more readily accepted by courts than other types of seizures • May be protected from civil liability • Shift burden to defendant to show evidence was seized illegally Del Mar Regional Police Academy Intermediate Crime Scene Search

11. EXCEPTIONS OF A WARRANTLESS SEARCH • Consent • Emergency (exigent circumstances) • Danger • Threat of suspect escaping • Threat of destruction/removal of evidence • Incident to lawful arrest • Stop and Frisk • Plain-view • Automobile • Open-field Del Mar Regional Police Academy Intermediate Crime Scene Search

12. DENYING ACCESS TO THE CRIME SCENE • Authorized personnel only • Verbal authority by owner for police to keep unauthorized persons out • Criminal trespass PC 30.05 • Tampering with or fabricating physical evidence PC 37.09 • Sealing the premises of deceased CCP 49.22 Del Mar Regional Police Academy Intermediate Crime Scene Search

13. PREPARING AN INVESTIGATION SEARCH METHODS PLAN RESOURCES ORGANIZE Del Mar Regional Police Academy Intermediate Crime Scene Search

14. ORGANIZING PLAN OF ACTION • After mentally reconstructing the crime organize a plan of action • One person in charge • Give assignments in writing and be specific • No trading assignments w/o permission • Consider aptitude and training in assignments • Describe goals and direction of search • No duty any more significant than others • Require written reports from all personnel • Coordinate all actions as necessary with other agencies Del Mar Regional Police Academy Intermediate Crime Scene Search

15. COMMAND POST • HQ to assemble all personnel outside the area to be searched • Equipment storage/issue • Staging area for teams and assignments • Rest, food, and shelter area for team members • Secure environment for briefings and debriefings away from press and public Del Mar Regional Police Academy Intermediate Crime Scene Search

16. SEARCH TEAM BRIEFING • Basics of the crime & type of evidence looking for • Search methods and coordinated movements • Guidelines for evidence recovery • Markers (flags, cones, letters, numbers) • Document in notes • Photograph • Don’t move it • Sketch it • Collection upon completion of above Del Mar Regional Police Academy Intermediate Crime Scene Search

17. DETERMINING SEARCH METHOD • Size and type of area to be searched • Personnel and equipment necessary and available • Degree of thoroughness required • Type of crime • Type of evidence sought • Purpose of the search • No set starting point – each scene unique Del Mar Regional Police Academy Intermediate Crime Scene Search

18. STRIP OR LINE SEARCH METHOD • One of most effective types for use outdoors due to its thoroughness • stakes and lines are useful in boundaries • Single strip search • Double strip (grid) Del Mar Regional Police Academy Intermediate Crime Scene Search

19. CIRCULAR METHOD(SPIRAL OR CONCENTRIC) • Useful when an item is missing from center and the search must be done quickly • May begin in the inside working out or vise-versa as circumstances dictate Del Mar Regional Police Academy Intermediate Crime Scene Search

20. QUADRANT METHOD(ZONE OR SECTOR) • Works for indoor or outdoor scenes that have regular or defined borders • Allows for different types of methods within the sectors • Divide the house, bookshelf, or vehicle in sections and search each sector Del Mar Regional Police Academy Intermediate Crime Scene Search

21. INVESTIGATING A CRIME SCENE FOLLOW UP FIELD NOTES PRELIMINARY INVESTIGATION EVIDENCE Del Mar Regional Police Academy Intermediate Crime Scene Search

22. PRELIMINARY INVESTIGATION • Determine specific crime and elements • Cautiously approach, enter, walk-thru scene and protect the scene; establish crime scene log • Aid to injured • Secure any weapons, if necessary • Locate, ID, and interview witnesses – keep separated; neighborhood canvas • ID/arrest suspect, if appropriate • Remain alert/attentive Del Mar Regional Police Academy Intermediate Crime Scene Search

23. FIELD NOTES • Makes it easier to write good report • Develop a system for notes – initials, abbreviations, short takes • Who, what, when, where, how, and why • Think about elements of the crime and get the facts down • What still needs to be done Del Mar Regional Police Academy Intermediate Crime Scene Search

24. CRIME SCENE PROTECTION • Prevent destruction, contamination, removal, and loss of evidence • Street barricades, police line tape, rope, cones, and/or personnel stations • Keep unauthorized persons out • Barriers don’t keep people out – officers keep people out Del Mar Regional Police Academy Intermediate Crime Scene Search

25. LOCATION OF EVIDENCE • If located, don’t touch • Mark its location • Photograph • Sketch • Document • One person should collect, mark, preserve the evidence – chain of custody Del Mar Regional Police Academy Intermediate Crime Scene Search

26. CHAIN OF CUSTODY • Good description of evidence • Record of everyone who handled the evidence • Record of events for the evidence • Record made of any transaction • Critical process Del Mar Regional Police Academy Intermediate Crime Scene Search

27. FINAL SURVEY OF SCENE • Walk-thru scene when finished • Ensure all evidence collected • Scene has been thoroughly processed • No equipment/materials left behind • Any dangerous materials/hazards reported and addressed • If not finished, keep control for as long as necessary and legal Del Mar Regional Police Academy Intermediate Crime Scene Search

28. DEBRIEFINGS • Share information about scene prior to release, input for follow-ups, assign tasks • What was collected • What were preliminary findings • Ensures crime scene search is complete • Identifies need for specialists • Remind all personnel of confidentiality • Prepare for press release/conference Del Mar Regional Police Academy Intermediate Crime Scene Search

29. CASE FILE • Repository for all reports and other documents, all actions & evidence taken • Allows for independent review of work conducted and preparation for prosecution • Written reports from all personnel • Written reports from specialists • Sketches, photographs • Warrants/consents • Crime scene and evidence logs Del Mar Regional Police Academy Intermediate Crime Scene Search

30. FOLLOW-UP INVESTIGATIONS • Potential leads developed in preliminary • Based on what was discovered and learned • Analyze reports and documentation • Gather information on suspect’s background • Intelligence files • Family/friends/associates • Examine victim’s background • Organize actions (warrants, canvasses, raids) Del Mar Regional Police Academy Intermediate Crime Scene Search

31. SKETCHING AND PHOTOGRAPHY Del Mar Regional Police Academy Intermediate Crime Scene Search

32. CRIME SCENE SKETCH • Rough drawing which represents the crime scene and serves to supplement photography by providing accurate information concerning distance between various points in the scene • Supplements photos which supplement notes • Accurate measurements • Show distance between objects Del Mar Regional Police Academy Intermediate Crime Scene Search

33. REASONS TO PREPARE CRIME SCENE SKETCH • Permanent record of conditions • Reconstruct the scene • Record exact locations/spatial relationships between pieces of evidence/surroundings • Refresh investigator’s memory • Corroborate victim’s testimony • Eliminate unnecessary/confusing details Del Mar Regional Police Academy Intermediate Crime Scene Search

34. CONTENTS OF A SKETCH • Sketches name and ID • Date, time, type of crime, case nr, and names of those assisting in the sketch • Address of the scene, position in a building, landmarks, etc. • Scale of drawing • Direction of orientation (North) • Key or legend Iding symbols/items Del Mar Regional Police Academy Intermediate Crime Scene Search

35. TYPES OF SKETCHES • Rough • Finished • Scale • Perspective • Projection • Schematic • Detailed • Prevalent Del Mar Regional Police Academy Intermediate Crime Scene Search

36. ROUGH SKETCH • Quick & crude of the scene at the scene • Using pencil and not to scale • Accurate as possible • Contains all measurements • Done entirely at the scene • Nothing added to it once leaving the scene • Basis for all other “finished” sketches Del Mar Regional Police Academy Intermediate Crime Scene Search

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38. FINISHED SKETCHES • In permanent ink • Done at the station • Ruler and other tools (computer) • Typically not drawn to scale • Contains all pertinent information for producing a scaled drawing Del Mar Regional Police Academy Intermediate Crime Scene Search

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40. SCALE SKETCH • Blueprint of a scene • Drawn with ink • Normally 30” x 36” for court presentation • Exact drawing i.e. ½” = one foot • Measurements/lines not need • Dimensions can easily be added if requested in court Del Mar Regional Police Academy Intermediate Crime Scene Search

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42. PERSPECTIVE SKETCH • Objects drawn as they appear to the eye with relative distance or depth • 3D drawing • Useful when camera is not available or a photograph would not illustrate the condition effectively Del Mar Regional Police Academy Intermediate Crime Scene Search

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44. PROJECTION SKETCH • Most frequently use type • All places and objects are drawn in one plane, as seen from above (bird’s eye) • Cross projection is where the walls of a room are folded out into the same plane on the floor • Used to illustrate interrelationships between objects in different planes (i.e. bullet holes or blood stains) Del Mar Regional Police Academy Intermediate Crime Scene Search

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46. OTHER SKETCHES • Schematic – orderly flow of events; i.e. tracing the path of a bullet or movement of a vehicle • Detailed – small area which is difficult to illustrate on the overall sketch; an small area with several items of evidence • Prevalent – general locality, shows a wide area such as a neighborhood or collection of buildings that may be related Del Mar Regional Police Academy Intermediate Crime Scene Search

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50. SKETCH ELEMENTS • Determine scope of sketch • Measurements - accurate as possible • At least one set should be to immovables • Compass direction and orient to north • Scale or proportion depends on size of area • Legend or key • Avoid excessive lettering, use letters or numbers • Title; case nr, date/hour of incident, scene portrayed, location, sketcher, and scale (helpful to list victim) Del Mar Regional Police Academy Intermediate Crime Scene Search