1.      Lesson 06: Identifying and Arresting Suspects

(Chapter 7 of Bennett/Hess text)

2.      Follow-up Investigation

n   Follow-up investigation is the police effort to gather information subsequent to the initiation of the original report and until the case is ready for prosecution. A purpose of the follow-up investigation is to identify and arrest suspects.

n   Certain crimes such as homicides, rapes, and suicides automatically receive some follow-up investigation. However, other crimes may or may not be assigned for follow-up. Decisions regarding follow-up are generally based on departmental policy and/or procedures and solvability factors.

3.      Solvability

n   Many departments use some solvability analysis to determine whether to assign a case for follow-up. Some solvability factors that might be considered include:

n  Can the identity of the suspect be established (e.g., fingerprints, witness, license plate)?

n  Is there serious harm or threat of harm?

n  Is it a sex offense?

n  Is a weapon involved?

n  Is there a M.O. that might aid in the solution of this or other crimes?

4.      Developing/Identifying Suspects

n   Information provided by victims, witnesses, and other persons likely to know about the crime or the suspect

n   Physical evidence left at the crime scene

n   Psychological profiling

n   Information in police files

n   Information in the files of other agencies

n   Informants

n   Surveillance

n   Mug shots

n   Composite drawings and sketches

n   Developing a suspect through Modus Operandi information

5.      Field Identification

n  Field identification (show-ups): The on-scene identification of a suspect by the victim or witness.

n  Show-ups must be made within minutes of the crime.

n  Suspects do not have the right to an attorney during field identifications due to the time factor (United States v. Ash, Jr., 1973).

6.      Field Identification Do’s

n  Position suspect so he may not see person making identification.

n  Separate victims/witnesses during identification process.

n  Have victim or witness put their positive identification in form of a statement.

7.      Line-ups

n  Line-ups: Identification method using six or more individuals of comparable race, height, weight, age, and general appearance.

n  Rights of suspects during line-ups:

n  Right to refuse to participate (Schmerber v. California) (But their refusal may be used against them in court.)

n  Right to have an attorney present (United States v. Wade)

8.      General Guidelines for Line-ups

n   Have same general age/race/sex/physical characteristics

n   No person should be singled out to make statements

n   Witness should not see suspect before line-up

n   Witnesses should view line-ups separately

n   There should be at least six persons in line-up

n   Witnesses should give detailed descriptions of suspects/develop composites before         line-up

n   Line-ups must not be suggestive

n   Document the live line-up by photograph or video

n   Make sure all standard forms are complete, including signatures

n   Obtain statements and document results in a supplemental report

9.      Photographic Line-ups

n  Photographic "line-ups": Identification method using six or more photographs of persons of comparable race, height, weight, age, and general appearance.

n  No right to an attorney attaches during the showing of a photo line-up.

n  Do: Tell witnesses they need not identify anyone.

10.  Criminal Profiling

n  The analysis of information related to a crime in order to determine the person or characteristics of the person most likely to have committed the crime

11.  Approaches to Criminal Profiling

n   Organized/disorganized offender model: A criminal-profiling approach in which offenders are categorized as organized or disorganized on the basis of personal and crime scene characteristics. Some crimes reflect both organized and disorganized patterns and may be considered “mixed”.

n   Investigative psychology: A criminal-profiling approach based on interpersonal coherence, significance of time and place, criminal characteristics, and the offender’s criminal career and forensic awareness.

n   Behavioral evidence analysis (BEA): A deductive method of criminal profiling in which characteristics of perpetrators are determined from evidence at the crime scene.

12.  Informants

n   Informant: A person who may provide useful information about a case but is not a complainant, witness, victim, or suspect. Informants may be interested citizens or criminals interested in making deals.

n   Types of informants:

n  Anonymous informants: Identity is not known to the investigator. They are identified by code or number, e.g., as in Crimestoppers.

n  Confidential informants: Identity is known to the investigator. They wish to remain anonymous to the court and others.

n  Reliable confidential informants: Confidential informants whose credibility has been established and documented, e.g., information lead to prior arrests, recovered property, etc.

13.  Motives

n   Other types (based on motive):

n  Mercenary informants provide information to the police for financial reward.

n  Rival informant

n  Plea-bargaining informant seeks reduced charges or a lenient sentence.

n  Anonymous informant

n  Legitimate informers

n  Self-aggrandizing informant has many contacts in criminal circles and feels important by giving information to the police.

n  False informant- who intentionally provides misleading information

14.  Guidelines for Dealing with Informants

n   Never make promises.

n   Meet with informants away from areas that they may be identified as being associated with an officer, e.g., the police department

n   Have a witness during meetings

n   D not accept information from informants at face value- corroborate

n   Do not socialize with informants

n   Have procedures for paying informants and never pay without proper documentation and a witnessed signature

n   Use code numbers, not names, for identification of informants in police reports

n   Limit access to informant files

n   Never permit illegal acts by informants

n   Train informants on how to avoid entrapment issues

15.  Promises

n   Never make promises to informants, especially regarding anonymity. Their identity may have to be revealed if:

n  Court so orders.

n  Disclosure is relevant and essential to a fair determination of the case.

n  Informant is an eyewitness to the crime being prosecuted.

n  Informant participated in the offense.

n  Informant could give relevant and material testimony to guilt or innocence.

n  Informant incriminates a defendant when he has an alibi.

16.  Surveillance

n  Surveillance: The secretive and continuous observation of persons, places, and things to obtain information concerning the activities and identity of individuals.

n  Types…

n  Stationary (plant/stakeout)

n  Moving  (rough or open tail)

n  Aerial

n  Video/Electronic

17.  Objectives of Surveillance

n   Establishing the existence of a violation

n   Obtaining probable cause for a search warrant

n   Apprehending violators in the commission of illegal acts

n   Identifying violator associates

n   Establishing informant reliability

n   Providing protection for an undercover investigator or informant

n   Locating persons, places, or things

n   Preventing crime

n   Gathering intelligence or individuals and premises prior to the execution of a search warrant

n   Gathering intelligence on illegal groups’ activities

18.  Mug Shots

n  Mug shots: Photographs taken of persons at time of their arrest. Mug shots are usually compiled in books or by other means (computer discs, etc.)

n  Do: Separate victims/witnesses during showing of mug shots.

19.  Modus Operandi (MO)

n  The ‘method of operation’ utilized in a series of crimes by the perpetrator.  For example, a burglar may repeatedly break into homes at the same time of day, utilizing the same method of entry, and stealing the same types of items.

20.  Arrest

n  An arrest generally involves an intentional act by a law enforcement officer to take a person into custody for the purpose of charging him/her with a crime.

n  Ingredients:

n  Intention

n  Authority (a police officer acting “under color of law”)

n  Custody (the restriction of a person’s freedom and may involve physical restraint or voluntary submission)

21.  Probable Cause

n  Legal arrests require probable cause.

n  Probable cause: Evidence required establishing reasonable grounds for believing a crime has been committed and a particular person committed the crime.

22.  Freedom Continuum

23.  When May Officers Arrest?

n   A crime was committed in the presence of an officer.

n   An arrest warrant is issued.

n   Probable cause exists to believe a person has committed a felony or other crime established by law authorizing a probable cause arrest. (E.g., shoplifting, dui, and domestic assault)

24.  Common Lawsuits Against Police Officers

Common civil actions brought against police officers:

n  False arrest or imprisonment

n  Excessive force

n  Malicious prosecution- initiating a criminal proceeding in bad faith for malicious purposes

n  Wrongful death (intentional or negligent)

n  Negligent operation of a vehicle

25.  Use of Deadly Force

Tennessee v. Gardner, 1985: the U.S. Supreme Court ruled that the use of deadly force against apparently unarmed and non-dangerous fleeing felons is an illegal seizure of their persons under the Fourth Amendment.

Situations when police may use deadly force:

n   Self defense

n   Defense of another (from death or serious physical injury)

n   Fleeing felon only when-

n  The suspect has committed a dangerous felony involving the use or threatened use of physical force likely to cause death or serious physical injury

n  The officer believes the person to be arrested is likely to endanger human life if not apprehended without delay

26.  Suicide by Police

n  Suicide by police occurs when someone acts in a threateningly way towards the police, forcing them to use lethal force. The deceased person’s ultimate goal was to die, but not by his own hand.