The document outlines the process and objectives of the further investigation phase of a criminal case. It discusses methods for tracing known suspects such as using personal details, intelligence-led policing, and crime photo albums. It also describes the structure and requirements for written statements, including the preamble, body, and conclusion. Statements can be sworn or unsworn and are used to record evidence that may be presented in court.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
As our digital records are likely to be cyber-breached several times and/or we all have to deal with legal proceedings, learn how to use digital forensics experts efficiently.
Chapter 6 – Field Notes and ReportingField notes are t.docxrobertad6
Chapter 6 – Field Notes and Reporting
Field notes are the shorthand written record made by police officers from the time
they arrive at the scene until the assignment is completed. The following factors they arrive at the scene until the assignment is completed. The following factors
form the importance of field notes.
Field Notes are More Reliable Than an Officer’s Memory
It only takes a short period of time for some important details to slide away from
your memory and the only way to combat this potential loss of information is to rely
on field notes which you previously prepared.
Field Notes are the Primary Information Source for the Incident/Offense Report
Because the first-responding officer is usually the person who writes any incident
report which is required by the situation, field notes are important because they
represent the information which forms the content of the incident report.
Detailed Field Notes May Reduce the Need to Re-contact the Parties Involved
Once in a while, victims and witnesses get annoyed and even angry when they are
re-contacted by an officer who obviously did not take good field notes when he/she
talked to them earlier and therefore cannot complete the incident report without
additional information.
Field Notes Can be Used to Defend the Integrity of the Incident/Offense Report.
During courtroom testimony you may refer to field notes to refresh you recollection
of the events.
In terms of the incident report, the basic questions which the first-responding
officer to a crime scene needs to find answers for are the blank spaces on the officer to a crime scene needs to find answers for are the blank spaces on the
face of an incident report. Typically this includes information about who the
victims and witnesses are and how to contact them, the specifics associated
with the crime, and descriptions of the suspect.
There are also numerous other questions which must be asked called interrogatory
questions. These include: what, when where, who, how, and why. Although no
single set of questions can meet the needs for investigating all types of crime, there
are six primary questions which have long be recognized in the field for being very
useful.
While the exact layout for incident reports typically varies from one
jurisdiction to another, they all have a “face” with blanks into which the jurisdiction to another, they all have a “face” with blanks into which the
officer conducting the preliminary investigation enters basic case
information. These blanks require information about the type of crime
committed, the complainant, victim, witnesses, and offenders, and other
details. Additional investigative information is written in the blank space
available on the reverse of the face or on a page which may be referred to as
“continuation.”
For roughly a decade, there has been a voluntary program underway which is
moving police departments away from the basi.
504 Part II Criminal Procedure# 151053 Cust Cengage .docxtroutmanboris
504 Part II Criminal Procedure
# 151053 Cust: Cengage Au: Hall Pg. No. 504
Title: Criminal Law and Procedure Server: __________________
K
Short / Normal
DESIGN SERVICES OF
S4-CARLISLE
Publishing Services
information or access to their systems for the government to collect data. In others, the
government has obtained FISC orders. In recent years third-party authority has been
scrutinized in the context of metadata, or non content information. An example of
metadata is the government’s collection of phone numbers dialed but not the content
of those conversations. In its review of an application for an order to capture a huge
amount of “telephony metadata,” FISC ruled in 2013 that such intelligence gathering is
analogous to the phone records sought in Smith v. Maryland.37 In that case the Supreme
Court held that when an individual dials a phone number he is transmitting the data
to a third party, the telephone company, and as a consequence loses his privacy in the
number he dialed. For this reason the acquisition of the number dialed, but not the
content of the call, does not raise implicate the Fourth Amendment. FISC held that
this conclusion is not changed because of the size of the data request.38 The amendments
to the FISA mentioned earlier empowered the Foreign Intelligence Surveillance Court
to review and approve programs that collect metadata, in addition to individual orders
of surveillance.
One particularly controversial authority created by the Patriot Act is the National
Security Letter. Without subpoena, the government is empowered to demand non-
content data from Internet service providers, communication companies, and busi-
nesses about their clients. Again, non content data include web sites visited, telephone
numbers called, and e-mail addresses. Thousands, in some years tens of thousands, of
NSLs have been issued yearly since 9/11. NSLs come with a “gag” order. That is, the
recipient of the NSL is ordered, under criminal penalty, to not disclose to anyone, in-
cluding the client who is named in the NSL, that the letter has been received. A federal
district judge found this and other provisions of the NSL law to be contrary to the First
Amendment’s protection of free speech and the Fourth Amendment in 2013.39
FISC is aimed at foreign governments and its agents, abroad. As you can see, the
authority of the United States to spy on U.S. persons abroad is limited to when U.S.
persons are acting as foreign agents and when engaged in terrorism. If the United
States wants to conduct a search within the United States, the Fourth Amendment and
Title III rules you have already learned apply, even if the underlying offense is a viola-
tion of a national security law. If the government acquires otherwise protected infor-
mation during an otherwise legitimate surveillance, the information is to be destroyed
unless the contents indicate a threat of serious bodily harm or death to any person.
An ex.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
As our digital records are likely to be cyber-breached several times and/or we all have to deal with legal proceedings, learn how to use digital forensics experts efficiently.
Chapter 6 – Field Notes and ReportingField notes are t.docxrobertad6
Chapter 6 – Field Notes and Reporting
Field notes are the shorthand written record made by police officers from the time
they arrive at the scene until the assignment is completed. The following factors they arrive at the scene until the assignment is completed. The following factors
form the importance of field notes.
Field Notes are More Reliable Than an Officer’s Memory
It only takes a short period of time for some important details to slide away from
your memory and the only way to combat this potential loss of information is to rely
on field notes which you previously prepared.
Field Notes are the Primary Information Source for the Incident/Offense Report
Because the first-responding officer is usually the person who writes any incident
report which is required by the situation, field notes are important because they
represent the information which forms the content of the incident report.
Detailed Field Notes May Reduce the Need to Re-contact the Parties Involved
Once in a while, victims and witnesses get annoyed and even angry when they are
re-contacted by an officer who obviously did not take good field notes when he/she
talked to them earlier and therefore cannot complete the incident report without
additional information.
Field Notes Can be Used to Defend the Integrity of the Incident/Offense Report.
During courtroom testimony you may refer to field notes to refresh you recollection
of the events.
In terms of the incident report, the basic questions which the first-responding
officer to a crime scene needs to find answers for are the blank spaces on the officer to a crime scene needs to find answers for are the blank spaces on the
face of an incident report. Typically this includes information about who the
victims and witnesses are and how to contact them, the specifics associated
with the crime, and descriptions of the suspect.
There are also numerous other questions which must be asked called interrogatory
questions. These include: what, when where, who, how, and why. Although no
single set of questions can meet the needs for investigating all types of crime, there
are six primary questions which have long be recognized in the field for being very
useful.
While the exact layout for incident reports typically varies from one
jurisdiction to another, they all have a “face” with blanks into which the jurisdiction to another, they all have a “face” with blanks into which the
officer conducting the preliminary investigation enters basic case
information. These blanks require information about the type of crime
committed, the complainant, victim, witnesses, and offenders, and other
details. Additional investigative information is written in the blank space
available on the reverse of the face or on a page which may be referred to as
“continuation.”
For roughly a decade, there has been a voluntary program underway which is
moving police departments away from the basi.
504 Part II Criminal Procedure# 151053 Cust Cengage .docxtroutmanboris
504 Part II Criminal Procedure
# 151053 Cust: Cengage Au: Hall Pg. No. 504
Title: Criminal Law and Procedure Server: __________________
K
Short / Normal
DESIGN SERVICES OF
S4-CARLISLE
Publishing Services
information or access to their systems for the government to collect data. In others, the
government has obtained FISC orders. In recent years third-party authority has been
scrutinized in the context of metadata, or non content information. An example of
metadata is the government’s collection of phone numbers dialed but not the content
of those conversations. In its review of an application for an order to capture a huge
amount of “telephony metadata,” FISC ruled in 2013 that such intelligence gathering is
analogous to the phone records sought in Smith v. Maryland.37 In that case the Supreme
Court held that when an individual dials a phone number he is transmitting the data
to a third party, the telephone company, and as a consequence loses his privacy in the
number he dialed. For this reason the acquisition of the number dialed, but not the
content of the call, does not raise implicate the Fourth Amendment. FISC held that
this conclusion is not changed because of the size of the data request.38 The amendments
to the FISA mentioned earlier empowered the Foreign Intelligence Surveillance Court
to review and approve programs that collect metadata, in addition to individual orders
of surveillance.
One particularly controversial authority created by the Patriot Act is the National
Security Letter. Without subpoena, the government is empowered to demand non-
content data from Internet service providers, communication companies, and busi-
nesses about their clients. Again, non content data include web sites visited, telephone
numbers called, and e-mail addresses. Thousands, in some years tens of thousands, of
NSLs have been issued yearly since 9/11. NSLs come with a “gag” order. That is, the
recipient of the NSL is ordered, under criminal penalty, to not disclose to anyone, in-
cluding the client who is named in the NSL, that the letter has been received. A federal
district judge found this and other provisions of the NSL law to be contrary to the First
Amendment’s protection of free speech and the Fourth Amendment in 2013.39
FISC is aimed at foreign governments and its agents, abroad. As you can see, the
authority of the United States to spy on U.S. persons abroad is limited to when U.S.
persons are acting as foreign agents and when engaged in terrorism. If the United
States wants to conduct a search within the United States, the Fourth Amendment and
Title III rules you have already learned apply, even if the underlying offense is a viola-
tion of a national security law. If the government acquires otherwise protected infor-
mation during an otherwise legitimate surveillance, the information is to be destroyed
unless the contents indicate a threat of serious bodily harm or death to any person.
An ex.
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This sample motion to vacate a default judgment in California on the grounds of lack of actual notice in time to defend the action is made pursuant to Section 473.5 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
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https://twitter.com/ArmourIntel
www.armourintelligence.com
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This sample motion to vacate a default judgment in California on the grounds of lack of actual notice in time to defend the action is made pursuant to Section 473.5 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
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http://www.linkedin.com/company/armour-intelligence/
https://twitter.com/ArmourIntel
www.armourintelligence.com
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2. LEARNING OUTCOMES
• Understand further investigation phase process
• Explain methods and techniques of tracking suspects
• Know how to write a good statement
• Identify different types of statements
• Recognize the structure of a statement
3. INTRODUCTION
• The investigator embarks on the second phase of the investigation process, namely;
the further investigation ( scene is successfully processed and cleared and formally
registering an investigation as a case).
• This phase starts immediately after the scene of incidents has been completely
processed (clues, leads have produced enough info).
• This means that all evidence, information and leads or clues are followed up to the
point where the investigation is finalised.
• For example: Following up and tracing a: Complaint, Victims, Witnesses, Information
and evidence, Suspect – Arrest.
4. TRACING A KNOWN SUSPECT
Using the suspect’s ID no to obtain personal particulars
Using personal particulars to locate the suspect (personal
contacts such as friends, medical scheme record, internet and
social media and Interpol);
Intelligence-led policing;
Using crime photo albums and informers as resources
(identikit and informers);
5. TRACING A KNOWN SUSPECT
P.g 213 – 218
Suspect’s property; and
Surveillance;
Using personal particulars to locate the suspect;
6. STATEMENTS
P.g 224
In criminal research literature a “statement” is defined as a verbal
account of events and evidence that relates to the crime
committed. It is used as the vehicle whereby the investigator
transfer evidence to the courts and other hearings and its purpose
is to record evidence.
7. Characteristics of a good statement
Pg. 225
A good statement is one which is free from any contradiction as these can destroy the
credibility of the deponent. To avoid this; the person taking the statement needs to
prepare for taking and writing down a statement.
These preparations normally entail interviewing the witness or complainant and
making notes of important facts and aspects before starting to formulate the
statement itself.
This helps to create a better picture of what happened and how the statement is
going to be structured. Time and effort should be spent on preparing for taking a
statement.
8. Requirements of a statement
• P.g, 228
Accuracy
Completeness
Objectivity
Comprehensiveness and
Truthfulness.
9. Types of statements
P.g 231 - 234
Unsworn statement (Ordinary / Warning statement);
Sworn statement (statement under oath) / affirmations;
Section 212 and 213 statements and
Dying declarations or deathbed statements.
10. Par. 7.9.8 STRUCTURE OF THE STATEMENT of Pg. 236-239.
• PREAMBLE: An introduction to the statement, containing information that identifies the person who
makes the statement (deponent) and their addresses and telephone number(s), which can be used to
locate the deponent, if necessary.
DURBAN CENTRAL POLICE STATION CAS 03/09/2015
Witness MALULEKE solemnly declares in English:
1.
I am a Tsonga male, identity number 890219 0033 085, Twenty Eight (28) years of age, residing at City Life
number 1314, 12 Smith Street, Durban, home telephone number 031 454 0000, employed as a Lecture at
University of KwaZulu-Natal, 28 Mazisi Kunene Road, Room F187, Berea, 4001, work telephone number
031 433 8792.
11. • BODY (the most important part of the statement, it carries the information that is often needed to
solve a particular crime or incident. Everything done or to be done in the investigation derives from
the content in the body of the statement):
2
At around 07:00 on Thursday, 2015-05-14, upon my arrival at work I noticed that the
security gate and front door to the premises had been forced open, I suspect that a
person breaks into the premises by forcing a lock to gain entry with intention of
committing a crime inside without a consent from the owners. An Electric Resistance
Welded (ERW) steel pipe, 4 inch in size, about 10.2 MM OD was lying on the floor in
the reception area, while the two Dell 14 7000 laptop computers, both black in colour
with 360 GB HDD capacity, 2 GB Ram, Intel Core of i3 processor, 12.9 display sixe
(inch) windows 8, weigh 2 kg and serial number – X16-96 086 were missing on my
arrival. In addition; drive D of the two missing laptop computers was loaded with work-
related documents of administrative duties, as well as my gospel and R&B music. I shall
definitely be able to identify the-said laptop computers if I can see them again.
12. 3
The Closed Circuit Television (CCTV) video footage is available that shows a suspicious
blue Corolla vehicle with registration number CC 1345 GP with two occupants, both
Africans, of average heights, between 20-40 years of age, the other one was having a big
forehead, light complexion, brown eyes and oval face, wearing an orange overalls, whereas
the other suspect was having dyed hair in gold colour, with a gap on his teeth, with a big
black moustache, with a scar next to his left eye, wearing a brown leather jacket and a black
trouser at the time of the incident, these individuals arrived at the scene on Thursday,
2015-05-14, at around 04:15 and leaving 45 minutes later. I shall definitely be able to
identify the suspects in question if I should see them again.
4
I am an active member of W&H insurance company with policy number
RRT56235377892000 based in Pretoria, telephone number 031 888 6764 for the processing
of the claim to be staged for the damages incurred.
13. • CONCLUSION AND ADMINISTERING THE OATH OR AFFIRMATION (This
information helps to record certain elements that are important to decide whether a prohibited act
was really committed or prescribed act really omitted – this information may be included in the
conclusion of the statement – that the perpetrator did not have the right to perform the act or omit
the prescribed act – that the deponent desires prosecution and that the deponent is willing or not
willing to testify)
5.
I will able to identify the alleged suspects as the CCTV video footage shows.
6.
I did not give any person permission to break and enter the premises to take the properties without my
consent.
7.
I require further police investigation into this matter.
8
I know and understand the contents of this statement.
I have objection to taking the prescribed oath.
I do not consider the oath as binding to my conscience.
14. ........................................................
DEPONENT
I certify that the above statement was taken by me and that the deponent has acknowledged that
she knows and understands the contents of the statement. This statement was affirmed before
me and the deponent signature was placed in my presence at DURBAN on 2015-08-20 at 14:00.
..................................... 1754882 WARRANT OFFICER
S. OLOFINBIYI
COMMISSIONER OF OATHS
DURBAN C POLICE STATION
255 STALWART SIMELANE STREET
MARINE PARADE, DURBAN 4000
WARRANT OFFICER, SAPS