Criminal Evidence Principles and Cases (with InfoTrac)

by Gardner, Thomas J.; Anderson, Terry M.

• ISBN13: 9780534615512
• ISBN10: 0534615511
• Edition: 5th
• Format: Hardcover
• Copyright: 2003-10-08
• Publisher: Wadsworth Publishing

Summary

I: INTRODUCTION TO CRIMINAL EVIDENCE. 1. History and Development of the Law of Criminal Evidence. 2. Important Aspects of the American Criminal Justice System. 3. Using Evidence to Determine Guilt or Innocence. 4. Direct and Circumstantial Evidence and the Use of Inferences. II: WITNESSES AND THEIR TESTIMONY. 5. Witnesses and the Testimony of Witnesses. 6. Judicial Notice and Privileges of Witnesses. 7. The Use of Hearsay in the Courtroom. 8. Exceptions to the Hearsay Rule. III: WHEN EVIDENCE CANNOT BE USED BECAUSE OF POLICE MISTAKES OR MISCONDUCT. 9. The Exclusionary Rule. 10. When Improperly Obtained Evidence Can Be Used. 11. 'Evidence is Admissible if Obtained During an Administrative Function under the "Special Needs" of Government. 12. Obtaining Statements and Confessions for Use as Evidence. 13. The Law Governing Identification Evidence. 14. Obtaining Physical and Other Evidence. 15. Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert. IV: CRIME SCENE, DOCUMENTARY, AND SCIENTIFIC EVIDENCE. 16. The Crime Scene, the Chain of Custody Requirement, and the use of Fingerprints and Trace Evidence. 17. Videotapes, Photographs, Documents, and Writings as Evidence. 18. Scientific Evidence. Appendix A: Sections of the U.S. Constitution. Appendix B: Federal Rules of Evidence. Glossary. Table of Cases. Index.

Table of Contents

Preface	xiii
PART I Introduction to Criminal Evidence
CHAPTER 1 History and Development of the Law of Criminal Evidence	3	(14)
A. HISTORY OF THE RULES OF EVIDENCE	4	(2)
Early Methods of Determining Guilt or Innocence	4	(2)
B. MAGNA CARTA AND HABEAS CORPUS	6	(1)
C. THE AMERICAN DECLARATION OF INDEPENDENCE	7	(1)
D. THE U.S. CONSTITUTION AND THE AMERICAN BILL OF RIGHTS	8	(2)
E. BASIC RIGHTS UNDER THE U.S. CONSTITUTION TODAY	10	(4)
The Presumption of Innocence Until Proven Guilty	10	(2)
The Right to a Speedy and Public Trial	12	(1)
The Right to an Indictment	12	(1)
The Right to a Fair (Not Perfect) Trial	12	(1)
The Right to Assistance of Counsel	12	(1)
The Right to Be Informed of Charges	12	(1)
The Right of the Defendant to Compel Witnesses	13	(1)
The Right of the Defendant to Testify	13	(1)
The Right of the Defendant to Confront and Cross-Examine Witnesses	13	(1)
The Right of Privacy	13	(1)
The Right to an Impartial Jury	14	(1)
SUMMARY	14	(1)
PROBLEMS	14	(1)
INFOTRAC COLLEGE EDITION EXERCISES	15	(1)
NOTES	15	(2)
CHAPTER 2 Important Aspects of the American Criminal Justice System	17	(17)
A. FEDERALISM IN THE UNITED STATES	18	(3)
Federalism and the Law of Evidence	18	(1)
State and Federal Jurisdiction over Crimes in the United States	19	(1)
Law Enforcement in the American Federal System	19	(2)
B. THE AMERICAN ADVERSARY SYSTEM	21	(2)
C. THE ADVERSARY SYSTEM AND THE BATTLES OVER WHAT IS RELEVANT, RELIABLE, AND COMPETENT EVIDENCE	23	(3)
Relevant Evidence	23	(1)
Reliable Evidence	24	(1)
Competent Evidence	24	(2)
D. THE AMERICAN ACCUSATORIAL SYSTEM	26	(1)
E. DISCLOSING INFORMATION IN THE ADVERSARY SYSTEM	26	(5)
Notice of Alibi Statutes	27	(1)
The Duty to Disclose Evidence Tending to Show the Innocence of the Accused (The Brady Rule)	27	(1)
Lost, Misplaced, and Destroyed Evidence	28	(2)
Use of False or Perjured Evidence	30	(1)
SUMMARY	31	(1)
PROBLEMS	31	(1)
INFOTRAC COLLEGE EDITION EXERCISES	32	(1)
NOTES	32	(2)
CHAPTER 3 Using Evidence to Determine Guilt or innocence	34	(19)
A. EVALUATION AND REVIEW OF EVIDENCE	35	(1)
B. THE CRIMINAL COURT PROCESS	36	(1)
C. PLEAS A DEFENDANT MAY ENTER TO A CRIMINAL CHARGE	37	(4)
The Not-Guilty Plea	38	(1)
The Guilty Plea	39	(1)
The Alford Guilty Plea	39	(1)
The No Contest, or Nolo Contendere, Plea	40	(1)
Conditional Guilty Plea	41	(1)
The Insanity Plea	41	(1)
D. PLEA BARGAINING OR SENTENCE BARGAINING	41	(3)
E. AN OFFER TO PLEAD GUILTY CANNOT BE USED AS EVIDENCE IF THE OFFER IS LATER WITHDRAWN	44	(2)
F. THE TRIAL	46	(3)
SUMMARY	49	(1)
PROBLEMS	49	(1)
INFOTRAC COLLEGE EDITION EXERCISES	50	(1)
NOTES	50	(3)
CHAPTER 4 Direct and Circumstantial Evidence and the Use of inferences	53	(30)
A. EVIDENCE AND PROOF	54	(1)
What is Evidence?	54	(1)
B. THE REASONABLE DOUBT STANDARD	54	(2)
C. DIRECT EVIDENCE AND CIRCUMSTANTIAL EVIDENCE	56	(9)
The Inference that People Intend the Natural and Probable Consequences of Their Deliberate Acts	57	(3)
When Circumstantial Evidence Alone Is Used to Obtain a Criminal Conviction	60	(1)
Mean-Opportunity-Motive as Circumstantial Evidence	60	(1)
Fingerprints and Shoeprints as Circumstantial Evidence	61	(2)
Inferences Drawn from Other Bad Acts or Other Convictions of Defendants	63	(1)
Where No Inferences Should Be Drawn	64	(1)
Where the Defendant Uses the Privilege Against Self-Incrimination	64	(1)
Where Information Is Protected by the Rape Shield Law	64	(1)
Courts Rule Both Ways on the Cessation of Signature Crimes After the Arrest of a Suspect	64	(1)
Where a Suspect Seeks to Contact a Lawyer	65	(1)
D. USING DIRECT AND CIRCUMSTANTIAL EVIDENCE	65	(5)
Finding Illegal Drugs in a Motor Vehicle	65	(1)
Proving the Crime of Possession of Illegal Drugs with Intent to Deliver	66	(1)
Proving Physical and Sexual Abuse of Children	67	(2)
Proving that the Defendant Was the Driver of a Motor Vehicle	69	(1)
E. PROVING CORPUS DELICTI BY DIRECT OR CIRCUMSTANTIAL EVIDENCE	70	(2)
F. THE SUFFICIENCY-OF-EVIDENCE REQUIREMENT TO JUSTIFY A VERDICT OR FINDING OF GUILT	72	(1)
G. THE USE OF PRESUMPTIONS AND INFERENCES	73	(3)
Presumptions	73	(2)
Inferences	75	(1)
SUMMARY	76	(2)
INFOTRAC COLLEGE EDITION EXERCISES	78
PROBLEMS	76	(2)
NOTES	78	(5)
PART II Witnesses and Their Testimony
CHAPTER 5 Witnesses and the Testimony of Witnesses	83	(24)
A. QUALIFICATIONS NECESSARY TO BE A WITNESS	84	(3)
The General Presumptions that Adults Are Competent to Be Witnesses	84	(1)
Children as Witnesses	85	(2)
Voir Dire	87	(1)
B. CREDIBILITY OF WITNESSES	87	(2)
Methods Used to Keep Witnesses Honest	87	(1)
Credibility and the Weight of Evidence	87	(2)
Demeanor as Evidence in Judging Witnesses	89	(1)
C. CONSTITUTIONAL RIGHTS OF DEFENDANTS REGARDING WITNESSES	89	(2)
The Right to Compel the Attendance of Witnesses	89	(1)
The Right to Confront and Cross-Examine Witnesses	89	(1)
The Defendant's Right to Testify in His or Her Defense	90	(1)
D. TYPES OF WITNESSES AND OPINION EVIDENCE	91	(2)
Ordinary Witnesses and Expert Witnesses	91	(1)
Opinion Evidence by Ordinary Witnesses	92	(1)
E. DIRECT EXAMINATION OF WITNESSES	93	(4)
Cross-Examination of Witnesses	94	(2)
Objections to Questions	96	(1)
F. THE REQUIREMENTS OF RELEVANCY, MATERIALITY, AND COMPETENCY	97	(1)
G. REDIRECT EXAMINATION AND RECROSS-EXAMINATION	98	(1)
H. THE ROLE OF THE TRIAL JUDGE	99	(1)
I. CAN A PERSON WHO HAS BEEN HYPNOTIZED TESTIFY AS A WITNESS?	100	(2)
SUMMARY	102	(1)
PROBLEMS	102	(1)
INFOTRAC COLLEGE EDITION EXERCISES	102	(1)
NOTES	103	(4)
CHAPTER 6 Judicial Notice and Privileges of Witnesses	107	(23)
A. JUDICIAL NOTICE IN GENERAL	108	(2)
Judicial Notice of Matters of General Knowledge	108	(1)
Judicial Notice of Facts Obtained from Sources Such as Records, Books, and Newspapers	109	(1)
Scientific and Technological Facts Recognized by Judicial Notice	110	(1)
B. THE PRIVILEGE AGAINST SELF-INCRIMINATION	110	(2)
Areas Where the Fifth Amendment Privilege Against Self Incrimination Does Not Apply	111	(1)
Recent Examples Where the Fifth Amendment Privilege Against Self Incrimination Does Apply	112	(1)
C. THE ATTORNEY-CLIENT PRIVILEGE	112	(2)
Requirements of the Attorney-Client Privilege	113	(1)
Limits of the Attorney-Client Privilege	113	(1)
D. THE HUSBAND-WIFE PRIVILEGE	114	(2)
Partnership-in-Crime Exception to the Husband-Wife Privilege	115	(1)
When One Spouse Commits Crimes Against the Other Spouse or Children	115	(1)
E. THE PHYSICIAN-PATIENT PRIVILEGE	116	(1)
The Requirement of the Physician-Patient Privilege	117	(1)
F THE PSYCHOTHERAPIST-PATIENT PRIVLEGE	117	(1)
The "Dangerous Patient"Exception to the Psychotherapist-Patient Privilege	118	(1)
G. THE SEXUAL ASSAULT COUNSELOR'S PRIVILEGE AND PRIVILEGES COVERING OTHER COUNSELORS	118	(1)
H. THE CLERGY-PENITENT PRIVILEGE	119	(1)
I. DO NEWS REPORTERS HAVE A PRIVILEGE IN YOUR STATE?	119	(1)
The Privilege Not to Reveal the Source of Information	119	(1)
J. IS THERE A PARENT-CHILD PRIVILEGE?	120	(1)
K. THE GOVERNMENT'S PRIVILEGE NOT TO REVEAL GOVERNMENT SECRETS	121	(3)
The Privilege Concerning the Identity of Informants	121	(1)
The Limits to the Informant's Privilege	121	(1)
The Privilege Not to Disclose Military or Diplomatic Secrets Vital to National Security	122	(1)
The President's Privilege of Confidentiality	123	(1)
The Secrecy of Grand Jury Proceedings as a Privilege	123	(1)
SUMMARY	124	(1)
PROBLEMS	124	(1)
INFOTRAC COLLEGE EDITION EXERCISES	125	(1)
NOTES	126	(4)
CHAPTER 7 The Use of Hearsay in the Courtroom	130	(9)
A. WITNESSES AND THE HEARSAY RULE	131	(1)
B. THE HISTORY OF THE HEARSAY RULE	131	(2)
The 1603 Trial of Sir Walter Raleigh	132	(1)
Hearsay Rules and the Use of Independent Juries in the American Colonies/States	132	(1)
C. WHAT IS HEARSAY?	133	(2)
What Is an Assertive Statement?	133	(1)
Nonverbal Communications Can Be Assertive	133	(1)
Conduct that Is Not Meant to Communicate	133	(1)
The Hearsay Rule Forbids Only Statements Offered to Prove the Truth of that Statement	134	(1)
D. WHAT IS NOT HEARSAY? FEDERAL RULES OF EVIDENCE 801(D) (1), (2), AND (2E)	135	(1)
Prior Statement by a Witness	135	(1)
Admission by Party-Opponent	135	(1)
The Co-Conspirator Rule	136	(1)
SUMMARY	136	(1)
PROBLEMS	136	(1)
INFOTRAC COLLEGE EDITION EXERCISES	137	(1)
NOTES	138	(1)
CHAPTER 8 Exceptions to the Hearsay Rule	139	(18)
A. HEARSAY AND THE CONFRONTATION CLAUSE	140	(3)
The "Indicia of Reliability" Requirement	140	(3)
B. FIRMLY ROOTED EXCEPTIONS TO THE HEARSAY RULE	143	(5)
Excited Utterance Exception	144	(1)
Reason for the Exception	144	(1)
Then Existing Mental, Emotional, or Physical Condition Exception	144	(1)
Reason for the Exception	144	(1)
Statements for the Purposes of Medical Diagnosis or Treatment Exception	145	(1)
Use of the Exception in Criminal Trials	145	(1)
Regularly Kept Records Exception	146	(1)
Reason for the Exception	146	(1)
Dying Declaration Exception	146	(1)
Reason for the Exception	146	(1)
Statement Against-Penal-Interest Exception	147	(1)
Reason for the Exception	147	(1)
C. THE FRESH COMPLAINT AND THE OUTCRY RULE	148	(1)
D. MODERN HEARSAY EXCEPTIONS IN CHILD SEXUAL ABUSE CASES	149	(1)
Have Innocent People Been Charged or Convicted in Child Sexual Abuse Cases?	150	(1)
SUMMARY	150	(1)
PROBLEMS	151	(1)
INFOTRAC COLLEGE EDITION EXERCISES	151	(1)
NOTES	152	(5)
PART III When Evidence Cannot Be Used Because of Police Mistakes or Misconduct
CHAPTER 9 The Exclusionary Rule	157	(11)
A. THE EXCLUSIONARY RULE (OR THE RULE OF THE EXCLUSION OF EVIDENCE)	158	(1)
B. THE "FRUIT OF THE POISONOUS TREE" DOCTRINE (OR THE DERIVATIVE EVIDENCE RULE)	159	(1)
C. EXCEPTIONS TO THE "FRUIT OF THE POISONOUS TREE" DOCTRINE	160	(4)
The Independent Source Doctrine	161	(1)
The Inevitable Discovery Rule	161	(1)
The Attenuation, or Passage of Time, Rule	162	(1)
Additional Recent "Fruit of the Poisonous Tree" Cases	163	(1)
D. MANY STATES NOW HAVE TWO SETS OF EXCLUSIONARY RULES	164	(1)
SUMMARY	164	(1)
PROBLEMS	165	(1)
INFOTRAC COLLEGE EDITION EXERCISES	166	(1)
NOTES	166	(2)
CHAPTER 10 Where the Exclusionary Rule Does Not Apply	168	(20)
A. THE EXCLUSIONARY RULE DOES NOT APPLY TO EVIDENCE OBTAINED IN A PRIVATE SEARCH BY A PRIVATE PERSON	169	(1)
B. THE EXCLUSIONARY RULE APPLIES ONLY IN CRIMINAL CASES	170	(1)
C. THE EXCLUSIONARY RULE DOES NOT APPLY IF A DEFENDANT DOES NOT HAVE STANDING OR IF NO RIGHT OF PRIVACY OF THE DEFENDANT HAS BEEN VIOLATED	171	(2)
D. EVIDENCE OBTAINED FROM ABANDONED PROPERTY WILL NOT BE SUPPRESSED	173	(4)
Throwaway as a Type of Abandonment	174	(1)
Denial of Ownership as a Form of Abandonment	175	(1)
Evidence Obtained from Garbage or Trash	175	(1)
Abandoned Motor Vehicles	176	(1)
Expiration of Rental Agreements for Motels and Lockers as a Form of Abandonment	176	(1)
E. EVIDENCE DISCOVERED IN OPEN FIELDS WILL NOT BE SUPPRESSED	177	(3)
F. EVIDENCE DISCOVERED IN GOOD FAITH OR HONEST MISTAKE WILL NOT BE SUPPRESSED	180	(1)
The Good Faith Exception	180	(1)
The Honest Mistake Rule	180	(1)
G. OTHER AREAS WHERE THE EXCLUSIONARY RULE DOES NOT APPLY	181	(3)
SUMMARY	184	(1)
PROBLEMS	184	(1)
INFOTRAC COLLEGE EDITION EXERCISES	185	(1)
NOTES	185	(3)
CHAPTER 11 Evidence is Admissible If Obtained During an Administrative Function Under the "Special Needs" of Government	188	(14)
A. SECURITY SCREENING AT AIRPORTS, COURTHOUSES, AND OTHER PUBLIC BUILDINGS AND PLACES	189	(1)
B. FIRE, HEALTH, AND HOUSING INSPECTIONS	189	(1)
C. SCHOOL SEARCHES ON REASONABLE SUSPICION	190	(1)
D. DRUG TESTING WITHOUT PROBABLE CAUSE OR A SEARCH WARRANT	191	(3)
Of Law Officers and Other Persons in Critical Occupations	191	(1)
Drug Testing on Reasonable Suspicion	191	(1)
School Boards May Require Random Drug Testing of Student Athletes	192	(1)
School Boards May Require Random Drug Testing of Students Participating in Extracurricular Activities	193	(1)
E. SEARCHES WITHOUT PROBABLE CAUSE OR SEARCH WARRANTS OF "CLOSELY REGULATED BUSINESSES"	194	(1)
F. WORK-RELATED SEARCHES IN GOVERNMENT OFFICES (THE ORTEGA RULE)	195	(1)
G. ROADBLOCKS OR VEHICLE CHECKPOINT STOPS	195	(1)
H. CORRECTIONAL PROGRAMS, HEARINGS, OR REQUIREMENTS THAT MAY CAUSE A PRISON INMATE TO INCRIMINATE HIMSELF	196	(2)
I. OTHER "SPECIAL GOVERNMENT NEEDS" WHERE NEITHER PROBABLE CAUSE NOR SEARCH WARRANTS ARE NEEDED	198	(1)
SUMMARY	199	(1)
PROBLEMS	200	(1)
INFOTRAC COLLEGE EDITION EXERCISES	200	(1)
NOTES	201	(1)
CHAPTER 12 Obtaining Statements and Confessions for Use as Evidence	202	(28)
A. CAN A CONFESSION ALONE SUSTAIN A CRIMINAL CONVICTION?	203	(1)
The Corpus Delicti Rule	203	(1)
B. THE REQUIREMENT THAT CONFESSIONS AND INCRIMINATING STATEMENTS BE VOLUNTARY	204	(3)
Using Violence to Obtain Confessions	204	(1)
The Totality-of the-Circumstances Test Used to Determine Whether Confession or Statement Is Voluntary	205	(2)
C. THE MIRANDA REQUIREMENTS	207	(9)
When Miranda Warnings Are Not Required	207	(5)
The Public Safety Exception and the Rescue Doctrine as Exceptions to Miranda Requirements	212	(1)
The Public Safety Exception	212	(1)
Other Cases Concerning Public Safety	213	(1)
The California Rescue Doctrine	214	(2)
D. THE MASSIAH LIMITATION	216	(2)
E. THE BRUTON RULE	218	(1)
F. QUESTIONING PEOPLE IN JAIL OR PRISON	219	(2)
G. POLYGRAPH TEST RESULTS AS EVIDENCE	221	(3)
The Controversy over Polygraph Testing	223	(1)
Polygraph Testing in the American Criminal Justice System	223	(1)
H. VOICE SPECTROGRAPHY EVIDENCE	224	(1)
SUMMARY	225	(1)
PROBLEMS	225	(2)
INFOTRAC COLLEGE EDITION EXERCISES	227	(1)
NOTES	228	(2)
CHAPTER 13 The Law Governing identification Evidence	230	(19)
A. EVIDENCE NEEDED TO CONVICT OF A CRIME	231	(1)
B. THE PROBLEM OF MISTAKEN EYEWITNESS IDENTIFICATION	232	(1)
C. USING SHOWUPS TO OBTAIN IDENTIFICATION EVIDENCE	233	(2)
The Importance of Obtaining Prior Descriptions of Offenders	234	(1)
D. DETERMINING THE RELIABILITY OF IDENTIFICATION EVIDENCE	235	(2)
Guidelines Used to Determine the Reliability and Accuracy of Eyewitness Identification	236	(1)
E. USING LINEUPS TO OBTAIN IDENTIFICATION EVIDENCE	237	(1)
Judges' Rules for Lineups	237	(1)
F. USING PHOTOGRAPHS TO OBTAIN IDENTIFICATION EVIDENCE	238	(1)
Using a Single Photograph for Identification	239	(1)
G. OBTAINING IDENTIFICATION EVIDENCE BY OTHER MEANS	239	(2)
H. COURTROOM IDENTIFICATION OF A DEFENDANT	241	(3)
SUMMARY	244	(1)
PROBLEMS	244	(1)
INFOTRAC COLLEGE EDITION EXERCISES	245	(1)
NOTES	246	(3)
CHAPTER 14 Obtaining Physical and Other Evidence	249	(28)
A. OBTAINING PHYSICAL EVIDENCE FROM THE PERSON OF A SUSPECT	250	(8)
Obtaining Evidence and Information by Means of Voluntary Conversations	250	(1)
Authority Needed to Make an Investigative Detention (Terry Stop)	251	(1)
Searches that Can Be Justified During an Investigative Detention	252	(1)
Obtaining Physical Evidence During and After an Arrest	253	(1)
Evidence Obtained in Searches Following an Arrest	253	(3)
Evidence Obtained During Inventory Searches	256	(2)
B. OBTAINING EVIDENCE BY POLICE ENTRY INTO PRIVATE PREMISES	258	(3)
Authority Needed by Police Officers to Enter Private Premises	259	(1)
Arrest Warrants	259	(1)
Search Warrants and Arrest Warrants	259	(1)
Exceptions to the Warrant Requirement to Enter Private Premises	260	(1)
C. OBTAINING EVIDENCE IN TRAFFIC STOPS AND VEHICLE SEARCHES	261	(7)
May a Police Officer Stop a Motor Vehicle for No Reason?	261	(2)
Obtaining Evidence During Routine Traffic Stops	263	(1)
Obtaining Evidence in Searches of Vehicles, Drivers, and Passengers	264	(1)
Permissible Searches Under the Automobile Exception	265	(3)
SUMMARY	268	(2)
PROBLEMS	270	(2)
INFOTRAC COLLEGE EDITION EXERCISES	272	(1)
NOTES	272	(5)
CHAPTER 15 Obtaining Evidence by Use of Search Warrants, Wiretapping, or Dogs Trained to indicate an Alert	277	(24)
A. SEARCH WARRANTS	278	(2)
Types of Search Warrants	278	(1)
Nighttime Search Warrants	278	(1)
No-Knock or Unannounced Entries	278	(1)
Anticipatory Search Warrants	278	(1)
Sneak-and-Peak Entry Warrants	279	(1)
Searches of Computers and Other Documentary Sources	280	(1)
B. WIRETAPPING AND ELECTRONIC SURVEILLANCE	280	(12)
Thermal-Imaging Devices	280	(1)
Techniques of Lawful Electronic Surveillance	281	(1)
Tactics Used by Suspects to Avoid Electronic Surveillance	282	(1)
Situations Where Court Orders Are Not Required	282	(1)
Overheard Conversations ("Plain Hearing")	282	(1)
Undercover Officers May Testify About What Was Said in Their Presence	283	(1)
Use of Pocket Tape Recorders and the Crime of Bribery	284	(1)
Do Suspects Have a Right of Privacy in Conversations Held in Police Vehicles, Jails, or Other Police Buildings?	284	(2)
When One Party to a Telephone Conversation Consents to the Police Listening and/or Recording the Conversation	286	(1)
Obtaining Evidence by Use of the Confrontational Telephone Call	287	(1)
Using Body Wires or Radio Transmitters	288	(1)
May One Family Member Wiretap and Record Telephone Calls of Another Family Member?	289	(3)
C. OBTAINING EVIDENCE BY USE OF DOGS TRAINED TO INDICATE AN ALERT	292	(1)
Drug and Bomb Detection Dogs	292	(1)
SUMMARY	293	(1)
INFOTRAC COLLEGE EDITION EXERCISES	294	(1)
PROBLEMS	294	(1)
NOTES	295	(6)
PART IV Crime-Scene, Documentary, and Scientific Evidence
CHAPTER 16 The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence	301	(23)
A. OBTAINING EVIDENCE FROM A CRIME SCENE	302	(7)
What Can Police Search for in Premises Where a Serious Crime Has Recently Occurred?	303	(1)
Obtaining Evidence After a "Hot-Pursuit" Entry into Private Premises	303	(2)
Obtaining Evidence in Now-or-Never Exigency Situations	305	(1)
Obtaining Evidence in Emergency Aid Situations	306	(1)
Defendants Must Have Standing to Challenge the Use of Evidence Obtained from Crime Scenes	306	(1)
Protecting and Searching a Crime Scene	307	(1)
Crime Scenes Are No Place for a Crowd	307	(2)
B. THE CHAIN OF CUSTODY REQUIREMENT	309	(2)
Failing to Show a Sufficient Chain of Custody	310	(1)
Situations Not Requiring a Chain of Custody	311	(1)
C. FINGERPRINTS AS EVIDENCE	311	(4)
Obtaining Fingerprints	312	(1)
Proving that Fingerprints Were Impressed at the Time of the Crime	313	(1)
Automated Fingerprint Identification Systems	314	(1)
Fingerprints and the Daubert Test	314	(1)
D. TRACE EVIDENCE: THE SMALLEST THINGS CAN MAKE THE BIGGEST DIFFERENCE	315	(1)
The Example of the Missing 5-Year-Old in Virginia	316	(1)
E. OTHER TYPES OF EVIDENCE	316	(2)
Palm Prints and Lip Prints as Evidence	316	(1)
Footprints and Shoe Prints as Evidence	316	(1)
Bite Marks as Evidence	317	(1)
Tire Tracks as Evidence	317	(1)
SUMMARY	318	(1)
PROBLEMS	318	(2)
INFOTRAC COLLEGE EDITION EXERCISES	320	(1)
NOTES	320	(4)
CHAPTER 17 Videotapes, Photographs, Documents, and Writings as Evidence	324	(18)
A. PHOTOS AND VIDEOTAPES AS EVIDENCE	325	(4)
When Is a Warrant Needed to Install and Conduct Videotape Surveillance?	326	(1)
Where Videotaping Can Be Done Without a Warrant	327	(2)
B. USING PHOTOGRAPHS AS EVIDENCE	329	(3)
Introducing Photographs and Videotapes into Evidence	330	(1)
Gruesome Photographs and Videotapes	330	(1)
X-Ray Films as Evidence	331	(1)
C. USING DOCUMENTS AND WRITINGS AS EVIDENCE	332	(7)
Using Direct Evidence to Prove that Documents Are Authentic and Genuine	332	(1)
Using Circumstantial Evidence to Prove that Documents Are Authentic and Genuine	333	(1)
Regularly Kept Records	334	(1)
The Best Evidence, or Original Document, Rule	334	(2)
The Fourth Amendment Protection of Writings, Records, and Documents	336	(3)
SUMMARY	339	(1)
PROBLEMS	339	(1)
INFOTRAC COLLEGE EDITION EXERCISES	340	(1)
NOTES	340	(2)
CHAPTER 18 Scientific Evidence	342	(18)
A. THE IMPORTANCE OF SCIENTIFIC EVIDENCE	343	(1)
The Use of Scientific Evidence	343	(1)
B. THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE	344	(3)
What Is Scientific Evidence?	344	(1)
The Frye Test	345	(1)
The Frye Plus Test	345	(1)
The Daubert Test	346	(1)
The Use of Judicial Notice for Accepted Scientific Techniques	347	(1)
C. A FEW OF THE SCIENCES AND SCIENTIFIC TECHNIQUES USED IN THE CRIMINAL JUSTICE SYSTEM	347	(9)
DNA Genetic Profiling	348	(4)
Forensic Entomology	352	(1)
Ballistic Fingerprinting or Firearm Fingerprinting	352	(1)
Sources of Other Scientific Evidence	353	(3)
SUMMARY	356	(1)
PROBLEMS	356	(1)
INFOTRAC COLLEGE EDITION EXERCISES	357	(1)
NOTES	357	(3)
APPENDIX A: Sections of the U.S. Constitution	360	(2)
APPENDIX B: Federal Rules of Evidence	362	(16)
Glossary	378	(6)
Table of Cases	384	(3)
Index	387