Crime Scene Search Consent to Search WrittenVerbal consent

Crime Scene Search

Consent to Search • Written/Verbal consent by parties with proper standing – Proper standing: persons who have legal control or a legal right to the dwelling or vehicle. • Always get consent in writing. Verbal consent is allowed however difficult to uphold in court.

Consent to Search (cont. ) • If possible have a witness sign the consent to search. • Person signing consent must have the mental capacity to consent.

Consent to Search (cont. ) • Consent must be given voluntarily. Consent can be withdrawn at any time. • Burden of proof showing that consent wasyes lawfully obtained is on the police. • Consent must be obtained from all parties present. – Example: if a husband wife are present, both must give consent

Objectives of a Crime Scene Search • The search should be guided towards determining whether or not a crime has been committed, and if so, the elements of the crime. • Locating specific physical evidence to corroborate witness statements and explain what occurred. • To support or reject any proposed theories as to what occurred and how.

Search Patterns • • • Point to Point Strip Search Double Strip Search Quadrant Spiral Aerial

Point to Point Search • Preliminary step in evaluating the scene. • Moves in order of appearance of evidence. • Advantage: the scene can be evaluated quickly. • Disadvantage: often disorganized.

Strip Search • Most effective for large outdoor scenes. • Stakes or lines can be used to set up lanes. • Very thorough method that allows utilization of additional personnel. • Searchers can be alternated from strip to strip.

Double Strip Search • This is a strip search that takes place in two directions. • For example, after searching from north to south, have the searchers move from east to west. • Increases thoroughness of the search.

Quadrant/Sector Search • Most effective for indoor or outdoor scenes with regular patterns or assigned borders. • Resembles a grid. • Often used on indoor scenes (room to room). • Permits different search patterns to be used in each sector if needed.

Circular/Spiral Search • Search proceeds in a circular motion. • Can effectively be used by one officer. • Useful when an item is missing from the center of a crime scene. • May start at center of scene or on outer perimeter.

Ariel Search • An aerial search is a search conducted by a fixed wing aircraft or helicopter. Useful for searches covering large expanses of land.

Rechecking an Area • When evidence is not found – Alternate search groups – Alternate searchers within groups – Utilize all of your resources • When Preparing to Leave – Always complete an exit search, looking for anything that might have been missed, including your own tools and equipment.

When choosing a search pattern consider the following: • The size of the area to be searched. • Number of personnel available for the search. • Any needs for specialized equipment. • Evaluation of possible hazards present. • The physical characteristics of the area to be searched (size, vegetation density, indoor or outdoor scene, etc. ) • Size of object being searched for. • The degree of thoroughness required ( most important factor).

Implementing the search • Coordinated by one officer (lead investigator, supervisor, etc. ) • Determine a starting point • If using multiple officers, establish headquarters outside the area to be searched • Conduct a briefing session • Establish speed at which the search will be conducted • Maintain communications with searchers

Assessment • 1. What type of search should you use if your crime scene has 2 acres of land to cover?

Assessment • 2. What type of search should be used to search 20 acres of land?

Assessment • 3. What type of search would be best for this scene?

Assessment • 4. What must you obtain prior to executing a search? • 5. Give one objective of conducting a search.

Court Cases • • • Mincey V State of Arizona, 1978 Thompson V Louisiana, 1984 Michigan V Tyler, 1978 Oliver V United States, 1984 Bumper V North Carolina, 1968