Physical Evidence
Physical Evidence is a delicate area in law enforcement because you must display the evidence and its relevance to the crime situation. Relevant evidence is explained as having any tendency to make existence of any fact that is related to the determination of the Prosecution or Defense that is relevant to the jury or judge that may affect the outcome of a trail.FRE 403 states that even relevant evidence can be excluded if it is unduly prejudicial, confuses the issue, misleads the jury, or is a waste of the court’s time. Prima Facie evidence, evidence that stands alone , unexplained or uncontradicted, is sufficient to establish a given fact or group of facts.
The following are ways evidence can become corrupt or be verified…
Identification of Evidence
Exclusive Control
Chain of Custody
Storage of Evidence
Delivering Physical Evidence
Miranda
Anyone who is put into custody is entitled to have their Miranda warnings read to them. These 15th and 14th amendments to the constitution forward you your rights to be read in a manner that you can understand. Reading rights are part of a person’s due process of law with being read your rights you are not able to be interrogated or questioned.
The Miranda warning should be read before an arrest or questioning of a suspect.
1. You have the right to remain silent
2. Anything you say can and will be used against you in the court of law.
3. You have the right to talk to a lawyer and have him present with you while you are being questioned
4. If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish
5. You can decide at any time to exercise these rights and not answer any questions or make any statement
Waiver of Rights
Do you understand each of these rights I have explained to you? Having these rights in mind do you wish to talk to us now?
Exclusionary Rule
Exceptions to the exclusionary rule are used when illegal objects are found in plain view at an airport, during an arrest or when there is no time to obtain a warrant.
The exclusion rule steams from the Fifth and Fourth Amendments that disallows use of any evidence obtained illegally to be used in court.
Illegal search and seizure and objects obtained by such searches are not admissible in the court of law. The fact that the objects obtained add value to the case doesn’t outweigh the fact that the prosecution obtained the property illegally. Violation of any constitutional rights is prohibited in the court of law; the plain sight exception to the exclusionary rule allows contraband to be confiscated when in the sight of a Police Officer.
Search and Seizure
Search and seizure is very important to the Police and Law Enforcement agencies because it is the only way they can gather information and evidence to present to court during prosecution of the court case. It is of utmost importance that the Fourth Amendment rules are not violated such rules of search and seizure entitles an owner their legal right to privacy. The Police must have either a motive, reasonable doubt, or other evidence that leads them to get a search and seizure warrant from a judge; without reasonable cause Law Enforcement is unable to conduct such searches.
The six exceptions to a warrant are as follows…
1. Search and seizure incident to lawful arrest;
2. Vehicle search
3. Inventory searches
4. Consent searches;
5. Exigent circumstances searches
6. Plain view searches
The exceptions to warrants were made to make the Police Officers job safer. Collecting evidence while on the scene, if it is in plain view and cataloging any evidence in the vehicle and or on the person makes it easier to confiscate possible weapons keeping the Police Officers safe.
References
Criminal Evidence Fifth Edition Norman M. Garland McGraw Hill
Encyclopedia Britannica
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