MISC
2 types of Evidence
Physical/Testimonial
When can consent be withdrawn during a search?
Anytime.
Consent can be withdrawn anytime; Army LE personnel must then stop the search and get proper authorization if the search is to continue. Ideally, the consent to search should be obtained in writing.
EX: paper, checks, currency, unfinished wood, cardboard, and other similar material
Deoxyribonucleic Acid is also known as?
DNA
What is the 4th Amendment?
Prohibits unreasonable searches/seizures.
Latent is another term for?
Hidden
Name at least 4 instances when a search authorization is not required
Consent search.
Search incident to lawful apprehension.
Operable vehicle search.
Exigent circumstances.
Medical emergencies.
Plain view.
Investigative stops, also known as “Terry stops.”
Computer mouse, keyboard, diskettes, compact disks (CDs), digital video disks (DVDs), printers, external hard drives, or other components may be harmed from what evidence collection method.
-Latent Fingerprints
Chemicals used in processing latent fingerprints can damage equipment and data. Therefore, latent prints should be collected after the completion of digital evidence recovery.
Minimum PPE required for handling biological evidence
face mask and latex, nitrile, or other nonporous polymer gloves
Miranda v. Arizona
landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them
This act restricts military personnel from being used to enforce civilians laws.
Posse Comitatus Act
A reasonable belief that the delay in obtaining a search warrant or search authorization would result in removal, destruction, or concealment of evidence or when there is a reasonable military operational necessity that prohibits or prevents communication with a person empowered to grant a search warrant or search authorization.
Exigent circumstance
If a Computer monitor is on and the work product, Web site, and/or desktop are visible; what is the first step in collecting evidence.
Step 1. Photograph the screen and record the information displayed
In what time frame should toxicology samples be collected? (Different times for Alcohol/Drug Testing)
Generally samples should be collected within 24 hours for alcohol tests and 72 hours for drug testing
Terry v. Ohio
"Terry Frisk"
landmark decision of the Supreme Court of the United States in which the Court ruled that it is not unconstitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime.
Name the article:
Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it
UCMJ Art. 7b
Evidence acquired while LE officer is lawfully in the place from which he observes the item—the officer did not violate the Fourth Amendment in arriving at the place from which the evidence can be plainly viewed.
-The item is immediately recognizable as contraband (meaning no manipulation of that item occurred to determine its contraband nature).
-The item may lawfully be reached from the LE officer’s location.
Plain-view doctrine
What is the first step in visible latent fingerprint collection?
Photography
2 Blood tubes are used for collecting blood samples while performing LE duties; purple-topped tubes are used for DNA,
what are gray-topped tubes used for?
Toxicology examinations to determine the content of substances in the blood such as alcohol, drugs, or other chemicals.
Arizona v. Gant
Decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.
What is OPNAV 5580/3?
Military Suspect Acknowledgement & waiver of rights
Command authorization for Searches & Seizures (OPNAV)
OPNAV 5580/9
What is the most effective way to develop, protect, and preserve latent prints on nonporous evidence?
Cyanoacrylate fuming (also known as “superglue” fuming)
50-70 Milliliters of Urine or 14-21 Milliliters of blood is needed for what type of testing/
Alcohol - Drug Testing
Minnesota v. Dickerson
Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.