CH 8 part 4 flashcards |

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  • A show-up occurs when

    an officer presents a victim or witness with a single suspect for identification, during the same time as the initial investigation.

    To avoid the potential suspect being able to see the victim or witness, use

    vehicles with a dark window tint or illuminate the potential suspect with a bright light.

    photographic array

    is a group of photographs used in a photographic line-up.

    A photographic array can be more efficient than a live line-up because

    the agency can reprint existing photographs

    A photographic array consists of a minimum of

    six photographs

    Each photograph should be of people with

    similar physical characteristics to those of the suspect and formatted alike.

    Use a minimum of _____ filler photographs together with only one photograph of the suspect.

    five

    Filler photographs are

    photographs of people, other than the suspect, that complete the array. Each photo in the array should be of a different person with
    no duplications.

    A photographic line-up is the

    process of showing a photographic array to a victim or witness, one at a time, to allow for the identification or elimination of suspects.

    independent administrator

    is an officer who administers a photographic array, that has no knowledge of the suspect information, and will meticulously avoid any conduct that might influence, directly or indirectly, a victim's or a witness' decision.

    Simultaneous presentation

    occurs when the independent administrator presents a group of photographs to the victim or witness all at once, at the same time.

    Number all photographs and filler photographs used in the array prior to simultaneously presenting the array
    to the

    victim or witness.

    the victim or witness should

    sign and date the array. Obtain a sworn statement from the victim or witness regarding the line-up results.

    Sequential presentation occurs when an

    independent administrator presents individual photographs to the
    victim or witness one at a time.

    in a sequential presentation

    Instruct the victim or witness to mark all photography with either "identification" or "no identification."
    This makes it clear which photographs the victim or witness actually viewed and chose as the
    suspect.

    only at the victim's or witness request: the independent administrator may repeat the entire array only ____ and in the same sequence as originally presented.

    once

    Consult with your agency's legal advisor or, when unavailable, with the____ ________ ______ that is handling investigations for assistance in selecting the
    authorized method.

    state attorney's office

    Witness Instructions

    I will ask you to view a group of photographs of individuals.
    [For sequential line-up] I will show you the photographs one at a time and not in any particular order. Take
    as much time as you need to examine each photograph. If you make an identification, I will continue to
    show you the remaining photographs in the group.
    [For simultaneous line-up] I will show you the photographs simultaneously and not in any particular order.
    Take as much time as you need to examine them.
    The person of interest may or may not be present in the photographic array and the photographs are not
    in any particular order.
    It is just as important to exclude innocent people from suspicion as it is to identify the perpetrator.
    You should not feel you have to make an identification. Take as much time as you need to look at each
    photograph. If you do identify someone, I will note your exact words regarding your identification.
    Individuals presented in these photographs may not appear exactly as they did on the date of the incident
    because features such as head and facial hair are subject to change.
    We will continue to investigate the incident with or without an identification by you.
    After viewing all the photographs, please initial and date all photographs and annotate or mark whether
    it was an identification or not an identification.
    Because this is an ongoing investigation, you should not discuss this photographic array or the results

    The independent administrator will give the victim or witness the instruction then will step away from the
    victim's or witness'

    immediate vicinity.

    Preserve the entire photographic array as

    evidence.

    There are two main types of information

    public records and private records.

    Private records of

    privately owned businesses or organizations, including privately owned
    utilities, are not open to the public, including law enforcement, and require court orders
    to access them.

    Public records of

    government entities and publicly owned utilities are
    records that, with few exceptions, you may access on demand.

    Records pertaining to juvenile arrests and incidents with law enforcement are restricted from the

    public by Florida law

    Statute does not restrict law enforcement's access to

    juvenile information through criminal justice agencies

    School resource officers are always a good source of
    information

    regarding juvenile offenders.

    one of the most common ways to locate an individual

    Checking for a driver's license

    The Florida Department of Highway Safety and Motor Vehicles houses the

    Driver and Vehicle Information Database known as DAVID

    Computer Aided Dispatch (CAD)

    is a computerized logging system in which dispatch
    records every event reported and every instruction given chronologically by date
    and time.

    Other database sources of information include:

    โ€ข FCIC/NCIC
    โ€ข FALCON
    โ€ข Local arrest databases
    โ€ข other law enforcement databases
    โ€ข Florida Department of Law Enforcement sexual predator and offender databases
    โ€ข Florida Department of Law Enforcement persons of interest or wanted persons
    โ€ข Florida Department of Corrections database of offenders, parolees, probationers,
    and recent releases
    โ€ข Regional Organized Crime Information Center (ROCIC)
    โ€ข National Association of Bunco Investigators (NABI)
    โ€ข social networking sites
    โ€ข credit reports
    โ€ข Medical personnel can provide information related to the injuries sustained by
    a victim.

    (ROCIC)

    โ€ข Regional Organized Crime Information Center

    (NABI)

    โ€ข National Association of Bunco Investigators

    field contact

    is any person an officer has contact
    with while on patrolโ€”such as a concerned citizen or an anonymous complainant with
    a sense of civic dutyโ€”who does not necessarily generate an incident report.

    Personal attitudes

    may color witnesses' statements.

    Do not meet a field contact in a

    private place or by yourself.

    Information from a field contact is only exempt from public record if the

    information relates to an active investigation or intelligence.

    There is a ______ between a field contact and a confidential informant.

    difference

    Confidential informants are

    people who furnish police with information about crimes, primarily because of the expectation of some personal benefit or advantage, and rarely out of a
    sense of civic duty. Both provide information; however, only confidential informants
    receive compensation for information.

    Types of confidential informants include

    mercenary, rival, plea-bargaining, anonymous, self-aggrandizing, false, and fearful.

    Motivational factors that may cause an individual to be a confidential informant include

    gratitude, competition, revenge, jealousy, repentance, fear, vanity, civic-mindedness, avoidance of punishment, and monetary or other material gain.

    Rachel's Law:

    This includes preserving the safety of the confidential informant, law enforcement, the target, and the public.

    conduct a criminal justice database search, such as DAVID, FALCON and
    FCIC/NCIC, to gain an

    accurate physical description of the suspect, address, or vehicle.

    Maintain constant contact with dispatch when searching for a

    wanted person

    If you are unable to apprehend the wanted person,

    initiate a BOLO for the suspect, and pass any suspect information to the next shift and
    the appropriate department within your agency.

    ___ arrested individuals go to a first appearance hearing

    All

    All arrested individuals go to a first appearance hearing, except under the following
    circumstances:

    โ€ข a law enforcement officer, in lieu of a physical arrest, issues a notice to appear in
    a designated court at a specified date and time,
    โ€ข the magistrate releases the person from custody on his or her own recognizance,
    or
    โ€ข the individual bonds out from custody

    According to Florida law, the first appearance hearing must occur within __ hours of the
    arrest.

    24

    At the first appearance hearing:

    the judge appoints counsel if the defendant
    qualifies and desires it. The judge reviews the probable cause affidavit and other
    information to decide if probable cause exists that supports the defendant's commission
    of the alleged offense.

    You usually do not need to attend a first appearance hearing; plan to attend only when

    the state attorney requests your appearance and your agency's policies and procedures
    permit your attendance. Plan to attend when there is a need to clarify or supplement the
    affidavit, or when you have information that was not included in the arrest affidavit. You
    may provide any relevant oral testimony that you believe the judge needs to determine
    if probable cause exists.

    hearsay is generally not admissible as evidence at a hearing or trial; However,

    hearsay is admissible in first
    appearance hearings that determine probable cause and bond.

    The first appearance
    hearing is not

    adversarial.

    A bond hearing will determine if the

    defendant is eligible to bond outโ€”and if so, the amount of the bondโ€”
    (3) based upon the defendant's criminal history, offense, and flight risk

    deposition

    is an official court proceeding in which all parties, with the exception of the defendant, provide sworn testimonies regarding the facts of the case to one of the attorneys (defense or prosecutor) prior to trial.

    a judge will not be present at a court

    deposition

    Florida Statutes, s. 914.15, gives

    law enforcement officers the legal right not to answer personal questions about their
    spouses, children, residential address, phone number, or any information not related to the case, unless directed
    to by a judge.

    If asked an improper question, you may answer:

    "Please certify the question."This requires the attorney to
    present the question to a judge who may decide to order an answer to the question.

    Do not answer questions by saying the requested information is

    "off the record."

    "Off the record "

    refers to information not recorded in an official document.

    Although you cannot demand changes, (depositions)

    you can point out and notify the state and defense attorneys of errors or misstatements.

    By reviewing and signing a copy of the
    deposition:

    you have an additional opportunity to refresh your memory before testifying at a hearing or trial.

    suppression hearing

    occurs after the defense files a motion to suppress or to exclude certain testimony or
    evidence from the trial, alleging that your improper actions violated their client's rights. (This hearing usually
    occurs before the trial but also may occur during the trial)

    pretrial notification may come by

    telephone or subpoena.

    The purpose of the pretrial meeting is to

    give the state attorney an opportunity to clarify facts of the case and deal with any inconsistencies.

    it is important to know who administered the

    Miranda warning.

    The state attorney will ask you to
    relate relevant details to the major facts of the case. This will include the following:

    โ€ข the elements of the crime
    โ€ข witness, victim, and suspect statements
    โ€ข criminal history (local records, FCIC/NCIC) and past offenses (reported and unreported)
    โ€ข information in the offense report and supplemental reports
    โ€ข information in other agency documents such as internal affairs reports
    โ€ข use of canine reports
    โ€ข type and location of physical evidence
    โ€ข past experience with or knowledge of the defense counsel
    โ€ข past experience with or knowledge of any witnesses, the victim, or the defendant

    The state attorney must know or have access to

    everything you know about the case.

    admissible evidence

    as relevant evidence tending to prove or
    disprove a material fact, with numerous exceptions specified.

    Never enhance facts or manufacture evidence

    to fill in for the missing elements of the crime.

    The best way to minimize damage is to identify potential

    weaknesses in the case

    trial

    is the examination of facts and related law presided over by a judge or other
    magistrate who has the authority or jurisdiction to hear the matter.

    The defendant selects
    a trial by judge or jury, unless the defendant

    is a juvenile.

    Juveniles are entitled to a trial
    by a judge, unless

    tried as an adult

    Each party is entitled to an

    opening statement

    a sentencing hearing occurs after

    a trial

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