NCJ Number
48493
Date Published
1978
Length
336 pages
Annotation
BOTH BASIC AND ADVANCED PRINCIPLES OF EVIDENCE ARE EXAMINED REGARDING THE DISCOVERY, APPLICATION, AND ADMISSIBILITY OF EVIDENCE OF CRIMINAL CONDUCT IN A BOOK DIRECTED PRIMARILY TO POLICE OFFICERS.
Abstract
FIRST, THE VOLUME CONTAINS BASIC PRINCIPLES OF EVIDENCE WHICH EVERY OFFICER SHOULD KNOW. SECOND, IT OFFERS PRINCIPLES WHICH MAY BE APPLIED TO EVERY CRIMINAL INVESTIGATION, NOT ONLY TO ASSURE THAT EVIDENCE WILL BE ADMISSIBLE IN COURT, BUT ALSO TO INCREASE THE WEIGHT OF THE EVIDENCE. THIRD, IT STRESSES THE NEED FOR OBTAINING EVIDENCE IN A WAY THAT IS CONSISTENT WITH THE REQUIREMENTS OF THE FOURTH, FIFTH, AND SIXTH AMENDMENTS TO THE U.S. CONSTITUTION. FOURTH, IT CONTAINS SPECIAL SECTIONS ON THE LAWS OF EVIDENCE AFFECTING SPECIFIC TYPES OF INVESTIGATIONS, SUCH AS HOMICIDE AND DRIVING UNDER THE INFLUENCE OF ALCOHOL. DETENTION AND LIMITED SEARCH (STOP AND FRISK) ARE DISCUSSED. THE STATUTORY AND CONSTITUTIONAL REQUIREMENTS RELATING TO ARREST, DELAY IN ARREST, AND ARREST WITH A WARRANT ARE EXAMINED. THE PLAIN VIEW DOCTRINE, THE RIGHT TO VIEW, OVERCOMING THE TRESPASS OBJECTION, AND THE RIGHT TO PRIVACY ARE CONSIDERED REGARDING POLICE SEARCHES. THREE REQUIREMENTS RELATING TO SEARCHES INCIDENT TO ARREST -- RELATEDNESS, CONTEMPORANEITY, AND LIMITED SCOPE -- ARE DISCUSSED. CONSENT SEARCHES ARE ALSO EXAMINED, WITH ATTENTION TO QUESTIONS OF CONSENT, INVOLUNTARY CONSENT, JOINT OCCUPANCY, AND APPARENT AUTHORITY. WARRANTLESS SEARCHES ARE DETAILED REGARDING PROBABLE CAUSE TO SEARCH A MOTOR VEHICLE, SEARCH OF GOODS IN TRANSIT, EMERGENCY SEARCHES, PROBATION SEARCHES, SPECIALIZED SEARCHES, AND CITIZEN ARREST AND SEARCH. COURTROOM PROCEDURES AND EVIDENCE TYPES INCLUDING WITNESS CREDIBILITY, PRIVILEGE, AND PERSONAL KNOWLEDGE, AND TECHNIQUES FOR ATTACKING AND SUPPORTING THE CREDIBILITY OF WITNESSES ARE EXAMINED. THE ROLE OF HEARSAY -- THE GENERAL RULE, ADMISSIONS AND CONFESSIONS, ADMISSION OF A COCONSPIRATOR, PRIOR INCONSISTENT STATEMENTS, PRIOR CONSISTENT STATEMENTS, AND PRIOR IDENTIFICATION -- IS DETAILED. ASPECTS OF THE MIRANDA DECISION ARE NOTED, INCLUDING THE REQUIREMENT OF QUESTIONING, WAIVERS, INVOKING THE PRIVILEGE, EXCEPTIONS TO THE RULE, AND READVISEMENT OF RIGHTS. THE CONSTITUTIONAL REQUIREMENTS RELATING TO PRETRIAL IDENTIFICATION, LINEUPS, IDENTIFICATION BY PHOTOGRAPH, AND FIELD IDENTIFICATION ARE DISCUSSED. REGARDING DRIVING UNDER THE INFLUENCE PROSECUTIONS, PRETRIAL PROCEDURES, PRIOR CONVICTIONS, EVIDENCE PRESENTATION, ADMISSIBILITY LIMITATIONS, AND IMPLIED CONSENT LAWS ARE EXAMINED. ISSUES RELEVANT TO HOMICIDE INVESTIGATIONS, FIRST-DEGREE MURDER, SECOND-DEGREE MURDER, MANSLAUGHTER, DEFENSES TO HOMICIDE, INVESTIGATION TECHNIQUES, AND DIMINISHED CAPACITY ARE REVIEWED. A GLOSSARY AND INDEX ARE PROVIDED, AS IS A GUIDE TO CASE CITATIONS. (KBL)