Chapter 7

Identifying/arresting suspects Disregard Page 208:-decide to investigate case base don solvability factors:

-witnesses-suspects known

All crimes are to be investigated!!!!-cold cases

Identifying/arresting suspects Scene:Show up ID:-time is essential-witness/victim to suspect-spotlight in in face

US v. Ash, Jr (1973): -no right to counsel at field ID

Miranda required before questioning

Identifying/arresting suepctsDeveloping a suspect:-wits/vics/others-physical evidence-psychological profiling-police files-other files-informants

Identifying/arresting suepctsVics and Wits:-page 211 Table 7.1-eyewitness ID is fallible

Mug shots:-time consuming-if in data base-Integrated Law Enforcement Face Identification System

(ILEFS) -3-d system -matches images from surveillance/photos

Identifying/arresting suspects Composite sketches:

-trained artist

-adequate info from witness

-generate leads

Identifying/arresting suspects MO-series of crimes-check your crime against others under investigation/solved

Profiling:a. psychological/criminal-suspect mental, emotional, psychological, physical traitsb. victim -based on victim c. Geographical-areas of crimes

Identifying/arresting suspects Racial profiling:-not legitimate in policing

Databases:-AFIS

-NIBIN-CODIS-PDQ

Identifying/arresting suspects Photo array:-how many photos?

-wits look at each

-initial/date on front

-sign/date back

-conditions when suspect seen

Identifying/arresting suspectsLine ups:-minimum of five-similar looking/dressed-perform acts-speak same words-suspects attorney presentWits:-take time-look at all-not need to make ID-be sure-where saw suspect

Identifying/arresting suspects Schmerber v. CA (1966):

-suspects refuse to line up

-can be used in court against them

US v. Wade (1967):-advise suspect of right to counsel -prior to lineup

Identifying/arresting suspects Surveillance:

-covert/discrete

-observation

-people/places

What can be gained from surveillance?

Identifying/arresting suspects Surveillant:-cover

-blend in-what ways you think?

Subject:-whom/what being observed

-suspects/associates

-locations (types?)

Identifying/arresting suspects Types of surveillance:

1. Stationary:

-fixed, plant, stakeout

-suspect at/will come to location-crime will be committed-vehicles/buildings-photographs-scout area prior

Identifying/arresting suspects Moving: (tail)-info on suspect

a. open/rough tail:-subject knows under surveillanceb. Loose tail:-undetected-constant observationc. Close/tight tail:-know crime to be committed

Identifying/arresting suspects Surveillance:-aerial

-video

-audio (wiretaps)Knapp v US (1967)Phone booth taps need warrants

Identifying/arresting suspects Undercover assignments:

-gain confidence

-infiltrate group

-assumed ID

-obtain information/evidence

-criminal activity

Identifying/arresting suspects Purposes:

-evidence

-leads

-reliability of wits/CI

-gain info before raid

Identifying/arresting suspects Cover:

a. Ruses:-deception-ID/purpose-short term

b. Deep:-assume role-complete immersion

Identifying/arresting suspects Deep:

-credible aliases

-carry weapon

-avoid draw of the street

-remember who you are (Donny Brasco)

Identifying/arresting suspects Precautions:-no notes

-no ID

-HQ communications covert

-Don’t suggest/plan/initiate/participate in crimes

Identifying/arresting suspects Entrapment:Sorrells v. US:-conception/planning-offense by officer-procurement of commission-by another-who would not have perpetrated-trickery/fraud/persuasion of the officer

Identifying/arresting suspects Sting operations:

-opportunity to commit created/exploited by police

-targeted likely offender

-UC officer/deception

-”gotcha” climax with arrest

Identifying/arresting suspects Raids:-planned, organized

-operation-element of surprise

1. Seize evidence2. Make arrest

Considerations:-alternatives?-legality

Identifying/arresting suspects Legal arrests: 4th amendment-arrest?-misdemeanor in presence

-felonies w/PC

-warrant

Outdoors arrest:-no access residence/vehicle

-maintain control -suspect request access to residence for items implied

consent for entry/plain view

Identifying/arresting suspects Civil liability:a. PC!b. Use of force-reasonable force-amount reasonable person would use-excessive force-more than reasonable forceGraham v. Connor (1989):-severity of crime

-immediate threat?

-circumstances rapidly evolving

-flight?-actively resisting arrest-perspective of reasonable office on scene-not hindsight

Identifying/arresting suspects Use of force continuums:-commands-tasers-physical -chemical agents-impact tools-deadly force

Tennessee v. Garner (1985):-immediate threat to PO/others

Identifying/arresting suspects 21 foot rule?-suspect w/knife

Gun side away-practice=habit

PIT:Scott v. Harris (2007): deadly force-weighed intrusion against public interest

-suspect was culpable-4th amendment pursuits not terminate due to public danger