Upload
linda-huber
View
453
Download
0
Embed Size (px)
Citation preview
CriminalisticsCriminalisticsAn Introduction to Forensic ScienceAn Introduction to Forensic Science
CHAPTER
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2015 by Pearson Education, Inc.All Rights Reserved
ELEVENTH EDITION
The Crime Scene
2
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Arrival at the Crime SceneArrival at the Crime Scene• Upon arrival at a crime scene the first
responding police officer to a crime scene is responsible for:1. Acquiring medical assistance for injured
victims• Medical personnel avoid disturbing evidence and
approach the victim by an indirect route.2. Detaining any potential suspects or
witnesses• Statements are taken from victims, witnesses,
and suspects.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Arrival at the Crime SceneArrival at the Crime Scene3. Securing the crime scene to the greatest
extent possible• The boundary is sealed off, and guards are
posted at the entry to the crime scene if needed.• All civilians and unauthorized personnel are
excluded from the crime scene.4. Calling for any additional personnel needs
such as other officers and/or forensic investigators.
• The personnel required depends upon the nature of the crime scene.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Securing the Crime SceneSecuring the Crime Scene• The boundaries of the crime scene must be
secured with crime scene tape, ropes, or cones.
• The secured area should include the area where the crime took place and the surrounding area where physical evidence may be located.
• Once the boundaries are secured, guards may be posted to restrict access to the crime scene.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Securing the Crime SceneSecuring the Crime Scene• A detailed log is kept of personnel movements in
and out of the crime scene. This log includes personnel names and time of entry or exit.
• Once the boundaries are secured, guards may be posted to restrict access to the crime scene.
• Investigators should never do anything that might alter the crime scene including smoking, eating, drinking, or littering.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• The search for physical evidence at a crime scene
must be thorough and systematic.
• The search pattern selected will normally depend on the size and locale of the scene and the number of collectors participating in the search.
• For a factual, unbiased reconstruction of the crime, the investigator, relying upon his or her training and experience, must not overlook any pertinent evidence.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• Physical evidence can be anything from massive
objects to microscopic traces.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Recording MethodsRecording Methods• Photography, sketches, and notes are the
three methods for crime-scene recording.
• Ideally all three should be employed; however, as is often the case, personnel and monetary limitations may prohibit the utilization of photography at every crime site.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene NotesCrime Scene Notes• Note taking begins when the investigator is
contacted and requested to report to the crime scene.
• The crime scene notes should begin with: The identity of person who contacted the
investigator Time of contact and arrival at the crime scene Preliminary case information Personnel present on arrival and those being
contacted
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene NotesCrime Scene Notes• Notes contain a personnel log, all observations
made by the investigator, and the time observations were made.
• Notes are taken in a uniform layout, concurrently as the observations are made.
• Notes are written in a bound notebook in blue or black ink.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Digital PhotographyDigital Photography• A digital photograph is made when a light
sensitive microchip captures light on each of millions of tiny picture elements, called pixels.
• The light is recorded on each pixel as a specific electric charge which is read by the camera as image information which is stored as a file on a memory card.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Digital PhotographyDigital Photography• The number of pixels is directly related to the
resolution of the picture. Photographs with more pixels show increasingly good resolution, or more detail and sharpness in photographs.
• The number of pixels that a camera features is
usually measured in millions of pixels, or megapixels.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Digital Crime Scene PhotographyDigital Crime Scene Photography• Advantages of digital crime scene photography include
The ability to observe images immediately after taking them ensures important photographs are clear and show the best possible detail.
The resolution available can exceed 12 megapixels, while the maximum resolution offered by a film SLR camera is equivalent to about 5 megapixels.
Computer programs can stitch digital crime scene images together to create a 3-D view of the crime scene.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Crime scene photographs should record the area
in which the crime actually took place and all adjacent areas where important acts occurred.
• The most important prerequisite for photographing a crime scene is for it to be in unaltered condition.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Each crime scene should be photographed as
completely as possible in a logical succession. The sequence will show the overall scene first, then work down to individual pieces of evidence that jurors in the trial can easily relate back to the larger scene.
• The four minimum photographs required at a crime scene are an overview photograph, a medium range photograph, a close-up photograph, and a close-up photograph with a scale
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Overview photographs of the entire scene and
surrounding area, including points of exit and entry, are taken first. Taken from the outside borders of the scene
and from various angles If the crime scene includes a body,
photographs must show the body’s position and location relative to the entire scene.
Include a “visual tag,” an object recorded in multiple overview photographs, to help visually piece the scene together
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
FIGURE 2–4a This sequence of crime-scene photographs shows the proper progression of photographing the scene. The sequence begins with an overview photograph of the entry to the victim’s bedroom showing evidence markers in place.Richard Saferstein, Ph.D.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
FIGURE 2–4b This sequence of crime-scene photographs shows the proper progression of photographing the scene. The medium-range photograph shows the evidence marker next to the door denoting a cartridge case.Richard Saferstein, Ph.D.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
FIGURE 2–4c This sequence of crime-scene photographs shows the proper progression of photographing the scene. The close-up photograph shows the cartridge in detail with a scale in the photograph.Richard Saferstein, Ph.D.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Medium-range photographs show the layout
of smaller significant areas of the crime scene. Taken with evidence markers in place to show
the spatial relationships between and among pieces of evidence in greater detail than the overview photographs.
Include at least one photograph of the “center” of the scene.
In violent crimes, this usually includes the site where the victim was found and the surrounding area.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Close-up photographs are taken last and show
greater detail of individual objects or evidence. Taken at a 90° angle to the object, with and
without evidence markers and scales. Scales should be placed as close to the
evidence as possible without affecting it in any way.
After the 90° photographs have been taken, photographs from other angles may be taken.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene PhotographyCrime Scene Photography• Close-up photographs (cont.)
The most important close-up photographs are those depicting injuries and weapons lying near a body.
After the body is removed from the scene, the surface beneath the body should be photographed.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Videotaping Crime ScenesVideotaping Crime Scenes• As with still crime scene photography, the crime
scene video must include overview, medium-range, and close-up images.
• A narrated crime scene video combines photography and notes. However, it is important that only one person
narrates and no side conversations are captured on the video.
• Some video cameras can produce still photographs, but the quality is often poor. Therefore, still photographs from a digital camera
are still required.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Surveying the Crime SceneSurveying the Crime Scene• The Walkthrough—initial survey of the crime
scene1. Perpetrator’s point of entry and exit are located.2. Indirect path is taken to the center of the crime
scene.3. Obvious items of evidence are located and
documented.4. The conditions of the scene are observed and
recorded.• Special attention is paid to item or conditions
that suggest timing of the incident or do not appear to belong.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• Line/Strip Search Pattern
One or two investigators start at the boundary of the crime scene and search in straight lines across to the other side of the crime scene.
• Grid Search Pattern Two or more investigators form a grid by
searching in line patterns that overlap and are perpendicular to each other.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• Spiral Search Pattern
One investigators searches in a spiral path from the center of the crime scene to the boundary (outward) or from the boundary of the crime scene to the center (inward).
• Wheel/Ray Search Pattern Several investigators search in straight lines
from the center to the boundary (outward) or from the boundary to the center (inward).
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• Quadrant/Zone Search Pattern
The crime scene is divided into smaller sections (zones). One or more investigators are assigned to search each zone.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
FIGURE 2–11 (a) Strip or line search pattern. (b) Grid search pattern. (c) Spiral search pattern. (d) Wheel or ray search pattern. (e) Quadrant or zone search pattern.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Searching the Crime SceneSearching the Crime Scene• Vehicle Searches
Investigators search interior and exterior of vehicle.
The vehicle may be searched at the crime scene or at the police department or crime laboratory garage.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Sketching the Crime SceneSketching the Crime Scene• Crime scene sketches
Clearly show the layout of a crime scene Illustrate the relationship in space of all
significant items and features Clarify objects and features already described
in notes or shown in photographs Show measurements over long distances and
topography of outdoor scenes Depict possible paths of entry, exit, and
movement through the scene
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
The Rough Crime Scene SketchThe Rough Crime Scene Sketch• A rough sketch is created at the crime scene and
contains an accurate depiction of the dimensions of the scene and shows the location of all pertinent objects and features.
• All rough sketches include Title block with information on the case, crime
scene, and person creating the sketch Legend with identity and dimensions of objects
in the sketch Compass showing the North direction Body containing the sketch itself
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
The Rough Crime Scene SketchThe Rough Crime Scene Sketch• Points of reference for objects can be shown by
the distance measurements from two fixed points.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
The Finished Crime Scene SketchThe Finished Crime Scene Sketch• The finished sketch is created from the
information in rough sketch, but it is drawn to scale with care and concern for appearance.
• The current standard method utilizes Computer-Aided Drafting (CAD) programs to create the finished sketch.
• CAD programs also allow for the creation of three-dimensional finished sketches.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
FIGURE 2–9 Finished-sketch diagram of a crime scene.Sirchie Fingerprint Laboratories
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Procedures for CollectionProcedures for Collection• Often, many items of evidence are clearly visible
but others may be detected only through examination at the crime laboratory.
• For this reason, it is important to collect possible carriers of trace evidence, such as clothing, vacuum sweepings, and fingernail scrapings, in addition to more discernible items.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Procedures for CollectionProcedures for Collection• Investigators handle and process physical evidence
in a way that prevents changes to the evidence through contamination, breakage, evaporation, accidental scratching or bending, or through improper or careless packaging.
• The use of latex gloves, disposable forceps, and sanitized equipment reduces the chance for contamination.
• Whenever possible, one should keep evidence in its original condition as found at the crime scene.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• Each different item or similar items collected at
different locations must be placed in separate containers. Packaging evidence separately prevents damage through contact and prevents cross-contamination.
• The well-prepared evidence collector will arrive at a crime scene with a large assortment of packaging materials and tools ready to encounter any type of situation.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• Disposable forceps and similar tools may have to be
used to pick up small items.
• Unbreakable plastic pill bottles with pressure lids are excellent containers for hairs, glass, fibers, and various other kinds of small or trace evidence.
• Alternatively, manila envelopes, screw-cap glass vials, or cardboard pillboxes are adequate containers for most trace evidence encountered at crime sites.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• Ordinary mailing envelopes should not be used as
evidence containers because powders and fine particles will leak out of their corners.
• Small amounts of trace evidence can also be conveniently packaged in a carefully folded paper, using what is known as a “druggist fold.”
• Evidence from arson scenes should be packaged in airtight metal or glass containers to prevent the loss of accelerant vapors. Sealable plastic evidence bags. (KAPAK)
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• If biological or bloodstained materials are stored in
airtight containers, the accumulation of moisture may encourage the growth of mold, which can destroy the evidential value.
• In these instances, the material should be allowed to air-dry before being packaged in wrapping paper, manila envelopes, or paper bags.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• Contamination is a key concern during the collection
of DNA-containing specimens such as blood, saliva, sweat or skin cells. Contamination can occur either by introducing foreign DNA through coughing or sneezing onto evidence or if items of evidence are incorrectly placed in contact with each other during packaging.
• To prevent contamination, the evidence collector must wear a face mask and lab coat, use disposable latex gloves and work with disposable forceps when collecting evidence that may contain DNA.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
PackagingPackaging• Disposable coveralls, shoe covers, and eye protection
offer added precautions to avoid contaminating DNA evidence.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Chain of CustodyChain of Custody• Chain of Custody
a list of all persons who came into possession of an item of evidence.
• Continuity of possession, or the chain of custody, must be established whenever evidence is presented in court as an exhibit.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Chain of CustodyChain of Custody• Adherence to standard procedures in recording
the location of evidence, marking it for identification, and properly completing evidence submission forms for laboratory analysis is critical to chain of custody.
• This means that every person who handled or examined the evidence and where it is at all times must be accounted for.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Obtaining Reference SamplesObtaining Reference Samples• Standard/Reference Sample
Physical evidence whose origin is known, such as blood or hair from a suspect, that can be compared to crime-scene evidence.
• The examination of evidence, whether it is soil, blood, glass, hair, fibers, and so on, often requires comparison with a known standard/reference sample.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Obtaining Reference SamplesObtaining Reference Samples• Although most investigators have little difficulty
recognizing and collecting relevant crime-scene evidence, few seem aware of the necessity and importance of providing the crime lab with a thorough sampling of standard/reference materials.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Departing the Crime SceneDeparting the Crime Scene• The experienced lead investigator decides when
all pertinent physical evidence has been recorded and collected at the crime scene.
• A final survey is undertaken to visually review the scene and collect all evidence and equipment.
• Following the final survey, the crime scene is released to the proper authorities.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Submitting EvidenceSubmitting Evidence• Evidence is usually submitted to the laboratory
either by personal delivery or by mail shipment.
• Care must be taken in packaging evidence that will be sent by mail in order to prevent breakage or other accidental destruction during transit to the laboratory.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Submitting EvidenceSubmitting Evidence• Most laboratories require that an evidence
submission form accompany all evidence submitted. Case information provided on this form enables the laboratory analyst to make an intelligent and complete examination of the evidence.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene SafetyCrime Scene Safety• Crime scenes frequently present the investigator
with biological specimens of unknown origin; the investigator has no way of gauging what health hazards they may contain. One must use caution and protection at all times.
• It is recommended that personnel always wear latex gloves and possibly chemical resistant clothing, Tyvek-type shoe covers, a particle mask/respirator, goggles, or face shields when potentially infectious material is present. Gloves should be changed often.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene SafetyCrime Scene Safety• Personnel should maintain a red biohazard plastic
bag for the disposal of contaminated gloves, clothing, masks, pencils, wrapping paper, and so on.
• When processing and collecting evidence at a crime scene, personnel should be alert to sharp objects, knives, hypodermic syringes, razor blades, and similar items.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Crime Scene SafetyCrime Scene Safety• Eating, drinking, smoking, eating, and chewing
gum are prohibited at the immediate crime scene.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Search and Seizure ProtocolsSearch and Seizure Protocols• The removal of any evidence from a person or
from the scene of a crime must be done in conformity with Fourth Amendment privileges:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Search and Seizure ProtocolsSearch and Seizure Protocols• The United States Supreme Court has determined
that search and seizure without a court-approved warrant is justified in four cases: 1. The existence of emergency circumstances2. The need to prevent the immediate loss or
destruction of evidence3. A search of a person and property within the
immediate control of the person provided it is made incident to a lawful arrest
4. A search made by consent of the parties involved
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Search and Seizure Landmark Search and Seizure Landmark CasesCases
• In the case of Mincey v. Arizona, the Court dealt with the legality of a four-day search at a homicide scene and determined that the evidence was illegally seized because a warrant was never issued and the circumstances of the case did not justify a warrantless search.
Copyright © 2011 by Pearson Education, Inc.All Rights Reserved
Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein
Search and Seizure Landmark Search and Seizure Landmark CasesCases
• In Michigan v. Tyler, fire destroyed a business establishment leased by Loren Tyler and a business partner. The court decided that evidence obtained from the initial search was legally seized, but evidence obtained from searches 4, 7, and 24 days after the incident were illegally seized.