Criminal Investigation Notes
Chapter 9 Wrongful Deaths Homicide numbers decline from 2009 to 2010 Peaked in 2001 4. 8 offenders per 100K 88% know each other (victim and offender) Officers Killed * 48 nationally * 45 by firearm * 47 male * 19 with firearm within 5 feet Officers assaulted * Underreported * 57 thousand * 10 per 100 officers Modes of Death Accidental * Car crash * Fall * Industrial accident * Work related accidents Natural * Heart attack * Old age Suicide Murder Murder Classifications * First degree * Second degree Manslaughter * Voluntary * ——-> unintentional shooting Involuntary * ——-> reckless behavior Non criminal homicides * Not in UCR ( not crimes) * Excusable * ——-> mistake * Justifiable * ——-> self defense Suicide * Suicide by police * Autoerotic asphyxiation is not suicide * ——-> accidental Homicide * Premeditated * Malicious intent * While attempting to commit a felony * Anyone involved in commission of the felony Indiana Law Murder * Person who knowlingly kills another human being * arson, burglary, sex crimes, product tamperin Preliminary Scene and Crime Scene Investiagtion Primary goals Cause of death by criminal act * Who caused the death * No aspect of the homicide is more open to error than the preservation and protection of crime scene Identifying Victim * Identify using more than one method * Completely process scene before removing body Dying Declarations * 3 part admissibility test * Victim believed death was immenent at time of declaration * Statement concerned cause or circumstance of impending death * the victim was unavailable for testimony Examining the Tme of Death * Rigor mortis – stiffening of body * Postmodern lividity – pooling of blood Cadaveric spasm – body freezes in it’s position due to quick death * Body temperature – usually determines time of death, outside variances * Eyes * Insects – type of insect determine where victim was killed * Animals * Water Gunshot wounds Tattooing * Gunpowder appears on victims * Measures distance from shooter Smudging Types Entrance * Usually smaller Exit * Usually larger Shotgun evidence * No ballistics * Gauge * Wadding Murder types * Serial * Mass * Sensational Serial * More than one person * Over an extended period of time Mass * Multiple people killed at one time
Sensational * Someone in the public eye Chapter 10 Robbery Robbery * Theft or attempted theft * Direct confrontation with the victim * Putting them in fear * Using force or threat of force Robbery vs Burglary Pick pocket/Purse grabs – usually theft Robbery is opportunistic because it is quick, easy and requires little planning Reasons for robbery * Money is primary motivation * Thrill or gang inittiation rights * Property, drugs and alcohol Patterns of Robbery * Person in charge of money * Open area * Private premises * Preliminary association * Previous association Preliminary Briefly met person who robbed you * Tmeis limited Previous * Someone knows how person/business operates Carjacking vs Vehicle Theft Types of Robbers * Professional * Opportunistic * Drug addict * Alcoholic First Run Responders 1 + 1 Theory * Where ther is one suspect, there is likely two * Where there is one weapon, there is likely two Backup Vehicle positioning Cover vs concealment Cover exits Preliminary Investigation Determine if suspect has left scene Obtain and broadcast flash description Ask for detective and secure premises Retrieve video Witnesses Locate evidence * Anything left behind
Difficult to investigate robberies * Reactive * Non accurate description * Incident not reported until after the offender has left the scene * Items taken are hard to identify Hostages * Preserve life * Apprehend perp * Recover/protect property taken Community Policing * Changing the way things are done * Able to problem solve for community * If you solve the problems, crime will go away * Changing a mindset Historical Overview * Traditional policing – reactive * Professional policing – 50s to 60s, more military style Flint Michigan – first to use in early 1980s Broken Windows (1982) Take care of small things so quality of life improves Community policing – not a government program * Govt programs have a specific goal * Community policing isn’t funded by government * Programs have a set goal and a set beginning and end * ——-> community policing does not Elements Value orientation * Customer service aspect Commitment to solving the problem * Reactive vs Proactive Neighborhood Orientation * Community organizations * Crime watch programs Commitment to Customer Satisfication * Go back until problem is solved Partnership * Community involved with solving of problem Empowerment Giving people throughout the community power * Officer has the ability to do what he can to reduce crime in that area SARA model * Scan * Analyze * Respond * Assess Local police can’t enforce federal laws (ex. Immigration) SARA Model (Gainesville Video) * Scan – increase in armed robberies in convenient stores near Gainesville, Fla. * Analyze – robbery was convenient. Stores were easy targets. Opportunists * Respond- City ordinance enacted, required to fix problems, light parking lot, train clerks, limit cash, make store visible, 2 clerks on scene, video camera in full view, timed and secured safe.
Tried to make robbing a convenient store as difficult as possible * Assess – New ordinance cut robberies of convenient stores by 80% in Gainesville. More bank robberies than convenient store robberies. Stable situation Child Abuse and Neglect * Physical or emotional trauma to a child which there is no reasonable explanation Munchausen Syndrome * Parents purposely inflicts abuse on child Shaken Baby Syndrome (SBS) * Absence of external injuries * Retinal hemorrhaging * ——-> conclusive evidence off SBS * Subdural hematomas * 18 months or younger * Seizures, fever, stop breathing. Baby ones from being fine to having life threatening injuries Battered Child Syndrome * Collection of injuries sustained by a child as a result of repeated mistreatment Reporting to requirements * Teachers, medical, police All lifestyles included Acute Maltreatment * Directly related to death Chronic Maltreatment * Prolonged mistreatment 83% are parents or caretaker Child Death Investigations * Time delay – child is usually on the death bed * Witnesses and accomplices – likely no witnesses. If so, difficult to deal with * Weapons are likely household items Trace evidence not significant – DNA doesn’t prove anything * Circumstantial – lack of clear evidence * Injuries are typically not visible, tend to be internal * Punitive motive. Tends to be punishment for behavior Injuries * Story does not correlate * Delay seeking medical attention * History of prior medical visits * Fail of child to thrive Children to not die or receive head injuries from accidental falls Injuries lacking explanation or explanation does not fit SIDS * No other medical explanation for abrupt death of an infant * Multiple cases of SIDS suggest abuse * Rare in infants older than 7 months Almost never occurs in infants over 12 months * Can occur up to 2 years of age * Studies suggest placing infants on their backs Categories of Sexual Abuse * Exploitation * Incest * Child Sexual Abuse Pedophilia * Sexual attraction to children and is usually the basis for abuse Environmental & Issues to Interviewing * Childs surroundings * Location of the offense? * Anatomically correct doll * Is the suspect on the scene? * Level of communication? * Children under 6 are typically unreliable in court * ——-> judge determines child’s competency * No one related is present Four concerns * Age of child Recollection of events * Basic level of communication * Retaliation by the abuser Child Molestor * Involves a significantly older person who engages in any type of sexual activity with indivuals legally defined as children * Recidivism rate for pedophiles is 25% * 1 in 4 will reoffend Two categories of molestors * Situational * Preferential Physiological Types * Fixated – maintain child mindset * Regressed – rejected by other adults. Go back to children 3 Cs when investigating child sexual abuse * Communicating with the victims * Competency of victims in court * Cooperation with prosecution
Missing and Abducted Persons Characteristics of Child Abduction * Prior visual sighting with contact made near or at the home * Motivation is sexual in nature * Usually a female victim under 14 by unemployed white male with a criminal history * Very good chance of being killed Stats * 1980-2006 = 600% increase (150K to 900K) * 57% are crimes of opportunity * 100-130 are stranger abductions * ——-> most children know their abductors * 74% of those murdered are killed within the fist few hours * NISMART – most comprehensive data on missing children * NCMEC developed a 16 step checklist for LE Amber Alert won’t be alerted unless the child is in immediate danger NISMART Non family abduction * Taken by force or threat for 1 hour or more without authority Stereotypical abduction * Stranger or slight acquaintance and is taken 50 miles, overnight and ransom is requested Family abduction * Custody order is violated Throw Away Child * Child that is thrown out on the streets by parent/guardian NCMEC 16 Steps 1. Interview parents 2. Verify child is missing 3. Establish custody 4. Identify circumstances of disappearance 5. When, where and by whom was last seen 6. Interview those with last contact 7.
Identify child’s zone of safety 8. Label the type of incident 9. Detailed description of abductor 10. Relay description 11. Identify and interview those on the scene 12. Update with dispatch and personel 13. Obtain permission to search house 14. Secure crime scene 15. Obtain photos and videos 16. Prepare reports Amber Alert * Signed into law in 2003 * Named after Amber Hagerman killed in 1996 * Post information to media and emergency broadcast * Currently used in 41 states TEST Homicide – sudden unexpected and unexplained violent death Difference between interrogation and interview * Difference between admission and confession Homicide most crucial wihin first 72 hours Highest priority while interviewing – separate witness #1 Rule for interrogations – everyone lies to the police SARA Model (community policing) * Problem Solving Model Gainesville Florida Once person is found to be a suspect, stop the interview and Mirandize the suspect Required to Mirandize during the interrogations, not interviews Definitions and types of homicides * Reason people commit robberies Classifications of murders * Community policing – philosophy not a program * No direct end * No government funding Definition and types of a pedophile ld person prefers to have sexual relations with a much younger person, considered a child Burglary * A person who breaks and enters the building structure of another, with the intent to committ a felony therein * Committing a burgary is a Class C Felony * Breaks – entertaining the perimeter of a structure * B Felony when armed * A Felony if results in bodily injury * Burglary usually results from theft in the house Robbery vs Burglary Elements (definition) * Knowingly breaks or enters * Building or structure of another (breaking of invisible barrier) * Purpose of committing a felony therein
UCR * Clearance rate is 12. 5% * 2,200,000 reported incidents * 7% increase since 2000 * Average loss is $2,000 * 3/4 were residential * 36% of the Residential were daytime burglaries * ——–> committed by unemployed juveniles * 33% with no force used * Nearly 5 million dollar loss in 2009 Residential Entry * A person who knowingly or intentionally breaks and enters the dwelling of another person * Residential entry a Class D Felony * Don’t have to witness it * No felony included Opportunity * “Avenue of least resistance” * Newspapers/mail * Garage doors left open * Poor Lighting Unlocked windows and doors * Poor quality locks or style by location * Phone call/answering machine * Knocks on door/dog/signs or stickers Perp Classicication * Amateur vs Pro Pro * Big haul * Planned * Multiple suspects * Vehicles and equipment used Amateur * Common theives * Quick and unplanned Need prints inside structure to prove entry Possession of Burglary Tools * No longer a crime Safe Burglars * Used to be a trade or profession Recovering the Stolen Property * Fence – a person who buys and sells stolen property * Pawn shops – specialty units, printouts, print cards, video, etc. Fungible Goods – property that is indistinguishable from others like them Circumstantial Evidence * Prints inside or Touch DNA * Possession of stolen property * Vehicle description * Lack of receipts * Pawnshop receipts Internal Affairs * Purpose is to guard against police misconduct Types of Investigations * Citizen Complaints – officer entitled to see who is complaining and what it is about * Internal Investigations – any matter that is secretive. Officer doesn’t know about complaint * Officer involved shootings * In-custody deaths The Office of IA * Office of the Chief Consists of 6-8 Sergeants (supervisors) * Includes Special Investigation Units * Answers directly to the Chief of Police * Great deal of discretion to conduct the investigation * Preliminary outcome determined by IA but not the punishment assuming there is a violation * Determines whether the complain is valid Citizens Complaints * Majority of IA investigations * Conducted by police. Citizens Complaint Board and Chief determines outcome * Report incident within 60 days * 18 years old * Do not wait for the courts ruling (Criminal or Civil) and have a disposition in 60 days Classifications Formal or Informal Formal * Formal complaint by citizen for non-traffic matters Informal * Traffic or minor issues Citizen Complains Process * Complaints generated by City Ordinance Blythe CC Office * Phone, verbal, hand written, email, anonymous Internals * Official misconduct * Sexual misconduct * Off duty activities * Use of force * Profiling allegations * Corruption * Bribery * Ghost employment * Theft Evidence * Polygraphs – required for quarterly polygraphs * ——-> approved by chief in criminal and corrupt matters * Sworn statements * Civilian statements * Courtney documents Case notes * Audio recordings * Ballistics * Phone recordings * Photos * Aerial shots * Videos * Case reports * Documents * Phone recordings Investigative Outcomes * Sustained – when there is sufficient evidence to prove allegations made in the complaint by Lear and convincing evidence * Not Sustained – when there is insufficient evidence to prove the allegations made in the complaint by clear and convincing evidence. * Exonerated – when he complaint made is false or the conduct complained was found to be lawful * Unfounded – no evidence exists to prove allegations true Garritty Rule Similiar to Miranda. * Statements can only be used against you in an administrative role * Can’t be used in a criminal proceeding Two Prong Protection * First, The officer is compelled to give answers but they cannot be used against the officer in a criminal investigation * Second, questions must be specifically, narrowly and directly reacted to the officers officials duties. Assaults * Assault is usually a verbal threat * Battery is the physical aspect of it * ——-> Involves physical contact in a rude or insolent way Simple assault – minor contact. Pushing or slap
Aggravated assault – involves serious bodily harm using a weapon. * High probability of death, disfigurement or loss of impairment Self Defense Words or Threats * One is not obligated to retreat from an attack * Must attempt to escape and avoid killing the other person * If escape risks further peril, lethal force is permitted * Excessive force applies to police as well as ordinary citizens * You can’t put yourself into a deadly force situation More severe crime = more time at crime scene Domestic Violence * Police do not get involved in family squabbles Misdemeanor if not in the presence of an officer * Minneapolis Study * Very high percentage of “no shows” * ——-> victim doesn’t show * Involves Intimate Partners * Includes gay, lesbians and dating partners * 95% of victims are women * Police now taking more steps to prevent this activity Cost $100 for a restraining/protective order Still responsible for maintaining protection of victim Now enforced by any law enforcement officer Stalking * Stranger – 10% * Acquaintance – 30% * Intimate or Former Intimate – 60% Strangulation Types Pretechial Hemorrahaging consistent with strangulation * Subconjunctival Hemoraghing * Manual Strangulation Manual * Involves hands, forearms, kneeling or standing on the knock Ligature * Involves rope, cord, wire, clothing Hanging * Almost always suicide Hyoid Bone * Commonly broken in serious cases of strangulation Legal Terms Choking * Internal blockage of the airway caused by foreign objects Strangulation * External pressure placed on the neck and results in the cl owing of the airways Imparitive to follow up and create a detailed report to prevent it from happening again
Elder Abuse * AMA estimates 2 million elderly are abused each year * Abuse includes emotional, physical and psychological mistreatment as well as financial neglect * APS/CPS * Hidden problem Vehicle Theft Motor Vehicle defined * Self propelled vehicle that runs on the ground but not rails * Excludes plains, trains, farm equipment, construction equipment and spacecraft * Indiana definition does not include a motorized bicycle or one on rails * Can be powered by electric motor * Riding mower included UCR for Vehicle Theft * Little over half of cars recovered Carjacking increasing due to improvements in technology Nations Most Stolen (usually old and lack technology) (NICB) 1. 1994 Honda Accord 2. 1995 Honda Civic 3. 1991 Toyota Camry 4. 1997 Ford F150 5. 2004 Dodge Ram Pickup Indiana’s Most Stolen 1. Chevy PU 1990 2. Ford Taurus 2000 3. Olds Cutlass 1994 4. Ford F150 2001 5. Chevy Impala 2001 Offenses * Conversion – taking but not giving back * Carjacking – robbery. Crimes against person * Vehicle Theft – type of theft Motivators * Joyriding * Theft for Resale * Transportation for commission of other crimes * Stripping and chop shop operations
The Investigation * Primary investigation starts with traffic stop * Stolen Vehicle Verificiation Recognizing * Find out where vehicle was parked * Identifiable marks (distinguish from other vehicles) * Were the plates legit * Opera window * Turn signals on * Locks missing * Bright lights * New car/old tires * Occupants * Plate hanging * Modified keys NATIS (North American Theft Information System) VIN – Vehicle Identification Number * Required to have 17 digits (1981) Disguising Stolen Vehicles * Salvage switch (professionals) * Modified VIN * Bogus VIN – completely made up. Made up 9th digit * VIN Chart
Discussion Licensed Plate Recognition * Computer camera equipment provided to law enforcement by the insurance industry to check for stolen vehicles via their license plates Most common cause of vehicle theft is carelessness Narcotics 138,000 prescriptions for Vicodin last year Rise in meth labs and meth produced in the last decade Classifications of drugs Cannabis – marijuana Narcotics – opium, codeine, heroin * Natural – Heroin is most widely used * Synthetics – lab produced Stimulants – Cocaine, Meth and Ritalin Depressants – Barbiturates, Rojypnol, GHB Hallucinogens – LSD, PCP (wets)
Designer/Club Drugs – Ecstasy Other Terms Withdrawal Syndrome – physiological response to being pulled off of narcotics * Delirium Tremons (DTs) Drug Synergism – mixing more than one drug at a time. * Commonly alcohol mixed with other educations to crate an overdose * Ingested combinations can cause overdoses Types of Dependence Physiological and Psychological Physiological * Alteration of bodily functions Psychological * Makes one feel euphoric Alcohol is highest abused substance * Nicotine is second highest Arrests are predominantly based on sellers and users First drug law was the 1914 Hrrison Act Federal Law allowed police to investigate drug crimes Today, 1. 8 million of all arrests are for drug offenses 1970 Control Substance Act 5 schedules created to classify drugs based on: * Medical use * Potential for abuse * Safety – propensity for dependence Structure of Drug Laws * Possesion * Distribution * Manufacturing Versus the Volstead Act * Prohibition Possession Direct Possesion * Actual physical possesion of the narcotics as being fund in a persons home or pocket Constructive Possesion * Where one has knowledge of and/or control over the narcotics The Investigation * Begins a with a tip Info passed on by officers * Info from utility companies * Needles and paraphernalia * Informants * History of those residing at the locations * Odor/air freshners * Crimes reported * Furtive movement – unnatural movement Three Critical Considerations 1. Personal 2. Money 3. Equipment Or 3Ms * Money 1. Manpower 2. Material Undercover Works (4 types) 1. Impromptu – gathers info (single officer) 2. One-time – verify or establish info (team of officers) 3. Extended – 3 or more day situation as with sting operation 4. Penetration – undercover operation lasting for a long period of time The Drug Buy Buy-walk – done over a long period of time (build a bigger and stronger case) * Buy-bust – arrested on the spot Entrapment – Exists if governments agents originate plan * Implant in an innocent persons mind the disposition to commit the criminal act * Induce the commission of th e crime so the person can be prosecuted * Merely providing the opportunity while not planting the criminal idea does not constitute entrapment Pharmaceutical Diversion (doctor shopping) * Legal drugs get outside of the system * Diverting legal drugs from legitimate channels * Common among rich and famous Arson and Bombings
Arson: * Knowingly damages a building or personal property of another * By starting a fire or explosion * Procuring or causing such property to be burned Legal Categories * Aggravated Arson – risk associated to human life * Simple Arson – no risk to human life Arson Investigation * Origin of fire * Size of the fire * Presence of accelerates * Process the scene using videos and photos (color of smoke, fire, etc is recorded) * Locate and identify plants and trailers 1. Plant – object used to start fire 2. Trailers – pattern of burn shows where the fire originated * Interview witness, firefighters and owners Analyze burn patterns 1. Alligorating – the burning of wood and crevices formed determine intensity of the fire and duration (alligator skin look) Motivations * Profit * Revenge * Vandalism – 95% of time by juveniles * Pyromania * Conceal other crimes Pyromaniac Triad * Abused as a child * Prolonged bedwetting * Cruelty to animals Classifications of Arsonists * Mass – 3 or more arsons at the same time * Spree – 3 or more arsons at seperate locations nonstop * Serial – 3 or more at seperate locations with breaks in between Bombings Teen Bombings * Internet * Media coverage * Books
Investigating the Bomb Threat Phone * Male or female * Accents * Keep on line * Detailed statement noted and recorded * Interview person that received call * Demands and motives Written * Save every written document * Lkey to have DNA Internet * Email threats Booby Traps * DEA/Law Enforcement ever increasing technique used in war on drugs * Cheap and easy to make to protect illegal operations * Purpose: Warn off intruders, deny and delay entry Searching * Radios and phones off (both can trigger bombs) * Systematically search and report only * Conducted by person in charge of premises * Evacuation