Medical whistleblower canary notes newsletter 5 investigation techniques may 2006 vol 1 issue 5
Medical WhistleblowerMay 2006Volume 1 Issue 5 Medical Whistleblower’s Canary NotesInside this issue: Surveillance by Law Enforcement 2 The Art of Law Enforcement Investigation Techniques of Criminal 3 In a half hour television crime show the criminal is easily caught and properly punished. Investigation But that is not reality of law enforcement investigators. Although there is a science of in- 4 vestigation taught to all police officers at the Police Academy, the actual mastery of criminal Evidence investigation skills, is not learned from any book but instead by first-hand experience. It is Marking and Preserva- 4 also true that individual investigators have skills, abilities and proclivities in one area or an- tion of Evidence other, and each investigator has their own personal background of cases they have investi- gated. There is a great deal of tedious labor of the investigation of a crime including a crime scene search, interviews, tracing, identification, interrogation, assembling of proof, and the presentation of testimony. The criminals are also very ingenious and are constantly devising new patterns of crime. To this constantly changing landscape of criminal endeavor, the investigator applies time-proven principles and techniques to the endless assortment of situations that confront him. The field of criminal investigation is as broad and varied as is the medical field and law enforcement officers and agents become specialized in particular areas of crime, such as drug enforcement, governmental corruption, white collar crime, and civil rights enforcement. Just as the end result of a doctors’ diagnostic tests and clinicalWest Law Articles examination is a final definitive diagnosis and treatment plan, the end result of an investiga-What constitutes "newly tion is competent evidence that can be used in court and a plan for prosecuting the criminaldiscovered evidence" offender. The Prosecuting Attorney judges whether the police investigation has been thor-within meaning of Rule ough in all respects or whether further work remains to be done. The evidence provided to33 of Federal Rules of the prosecuting attorney will only be as good as the investigators who gathered it. There isCriminal Procedure re- nothing that the Prosecuting Attorney can say or do that will retrieve that which has beenlating to motion for newtrial, 44 A.L.R. Fed. 13 overlooked, improperly obtained, or carelessly handled. Many a case has been lost at the crime scene rather than in the courtroom. There are many cases that have never reached prosecution simply because the investigator was unable to produce sufficient admissible“Homicide by heart at- evidence. To the Medical Whistleblower, the competent investigator who is well versed intack” revisited, 49(3) JForensic Sci 598 (2004) his professional skills and who searches for every shred of evidence, applies his training resourcefully, and handles his suspects with restraint is asset of incalculable value to the attainment of justice.Admissibility of psycho-logical deception tests,23 A.L.R. 2d 1306
Page 2 Medical Whistleblower’s Canary Notes Volume 1 Issue 5 Surveillance by Law Enforcement Surveillance is one of the most important tools of the investigation. Although the professional investigators have developed, through trial and error, certain princi- ples and procedures, quick thinking and ingenuity are prime ingredients of success- ful surveillance. The competent shadower or prosecution investigator may obtain evidence to supply the basis for a search warrant, identify the suspects’ activitiesWest Law Articles and contacts, and if lucky actually catch the criminals in the act. Surveillance can be “loose” or “tight” depending on how close the shadower stays to his/her target.Intercepted communicationsin state criminal trials The surveillance can be moving (on foot or by car) or stationary. There is alsoSchwartz v. Texas (1952) 344US 199, 97 L Ed 231, 73 S Ct technical surveillance such as electronic eavesdropping and wiretapping which are232, & Lee v. State (1966, Fla often undertaken in conjunction with a stationary surveillance. The activities ob-App) 191 So 2d 84 served during physical surveillance may later become the basis of testimony at aPolice Misconduct Litiga-tion—Plaintiffs Remedies, 15 trial or be used as the basis for interrogation. Each investigator maintains aAm. Jur. Trials 555 chronological log, noting descriptions of unknown persons observed and the re-Digital evidence and the new sults of follow-up inquiries at places where the subject stopped. Sometimes if therecriminal procedure, 105 will be a long term need for continued surveillance it is effective to establish aColum. L. Rev. 279 (2005 WL300302) business "front." Technical surveillance is conducted through the use of mechani-Surmounting Frye or Daubert cal and electronic devices. Contrary to popular belief, the presence of a tap is notstandards for the admissibility always betrayed by clicking noises or abrupt changes in volume—these are actuallyof expert testimony, 17 Crim.Just. 6 (2003 WL 21433138) the mark of a crude installation. A wiretap skillfully installed by a trained technicianThe Complete Handbook of is extremely difficult, if not impossible, to detect. Serious questions have beenInvestigations & Privacy raised as to the admissibility in court of information obtained by these methods.Rights: Demystifying the Le-gal Parameters of Criminal, Evidence taken illegally (that is, in violation of the Fourth Amendments prohibi-Civil, and Private Investiga-tions, (Reviewed), 77(7) Wis. tion of unlawful searches and seizures) is inadmissible in both federal and stateLaw. 31 (2004 WL 3663984) courts. There can also be independent evidence discovered as the result of leadsRepresenting The Grand Jury furnished by the use of electronic eavesdropping devices. The admissibility of theTarget Witness, 38 Am. Jur. evidence so collected must be analyzed before following such investigative leads.Trials 651 Both investigators and prosecutors must be aware of the present status of the lawCrime Scene: True Storiesfrom the Life of a Forensic In- as it applies to the investigation, so that no time is wasted in securing evidence thatvestigator, (Reviewed), 44(4) will ultimately be ruled inadmissible.Law Socy J. 82 (2006 WL1432906)
Medical Whistleblower’s Canary Notes Volume 1 Issue 5 Page 3Techniques of Criminal Investigation1. The collection, preservation, processing, and presentation of physical evi- West Law Articlesdence. The technical methods by which the investigation is advanced: fingerprint sys- Searches and seizures:tems, photography, plaster casting, and the field of criminology or forensic science — reasonable expectationmedical autopsy, microscopy, spectrography, serology, chemical analysis, biology, and of privacy in contents ofpathology. garbage or trash2. Interviews with suspects, witnesses, and com- receptacle, 62 A.L.R. 5th 1plainants. Utilizing the techniques of interrogation andinterviewing strategies as well as the recording of state- Right of accused in statements and admissions. courts to have expert inspect, examine, or test3. The use of records. Employing records and sources physical evidence inof information (such as employment records, DEA possession ofcontrolled substances logs, motor vehicle bureau re- prosecution—moderncord, telephone records and utility company records) as cases, 27 A.L.R. 4th 1188a means of discovery and identification of suspects and Searches and seizureswitnesses as well as a source of evidence and additional without warrant andleads. prior to arrest, 89 A.L.R. 2d 7154. Surveillance and plants. Using physical surveillance, the use of undercover agentsand confidential informants, and technical surveillance such as wiretapping and elec- Investigations andtronic eavesdropping. surveillance, shadowing and trailing, as violation of right of privacy, 13To detect the motive behind the crime the competent investigator will use his experi- A.L.R. 3d 1025ence, imagination ingenuity and intuition. Just like a medical doctor he can interpret Fingerprints as evidence, 28 A.L.R. 2d 1115the many smaller details to identify the bigger picture . This is like using the details of Admissibility of Handwriting Expertsthe diagnostic testing to come to a conclusion of the disease process. Deductive Testimony in FederalReasoning is the use of the particular known facts to interpret events and evidence Criminal Case, 183 A.L.R. Fed. 333to draw conclusions about the crime and who committed it. The other type of analy- Withholding identity ofsis is Inductive Reasoning, in which the investigator tests the validity of his conclu- informer, 1 L. Ed. 2d 1998sions in relationship to a general theory of the crime. This like analyzing the signs and Uses, Techniques, and Reliability of Polygraphsymptoms with the suspected disease process to see if they are completely combatable Testing, 42 Am. Jur.with the suspected diagnosis. Trials 313
Medical Whistleblower Evidence 1. Corpus delicti evidence.Dr. Janet Parker This evidence serves to prove the crime itself. In a homicide it isP.O. Box CLawrence, KS 66044 the victims body; in a narcotics violation it is the drug itself; in a forgery it is the forced document.Phone: 360-809-3058Fax: NoneE-mail: MedicalWhistleblower@gmail.com 2. Associative evidence. This evidence connects the accused with the crime or crimeWe are on the Web! scene. Fingerprints, handwriting analysis, or bloodstains of aMedicalWhistleblower.googlepages.com burglar. 3. Tracing evidence.Supporting the Emotional Health of all Whistleblowers This evidence aids in locating the suspect. Examples includeand their Friends, Supporters and Families. DEA drug logs, telephone records, and Medicaid billing state- ments. Marking and Preservation of Evidence These steps establish the chain of custody. Precau- tions must be taken to preserve any article in- tended to be used as evidence. The article should A defendants fingerprint on an be identified by initials of the person finding the object associated with a crime is evidence and the date found. The identification direct evidence that the defendant marking should be permanent and not susceptible touched the object at some time and to being rubbed off or obliterated. Evidence, is is circumstantial evidence that he put in pillboxes, envelopes, test tubes, cartons, glass jars, or some other container, touched it at the time of the and sealed. The investigator initials and dates the seal. The investigator will create a offense. State v. Millien, label with the case number, date, a brief description of the contents, the location 845 So. 2d 506 (La. Ct. App. 1st where found, and the signature of the finder is affixed to the container. If there are Cir. 2003). witnesses to the discovery, their names are also recorded.