criminal investigation questions

THE CONTINUING INVESTIGATION

With the completion of the Crime Scene phase of the investigation---the Preliminary and the Follow-up---the case now enters the next stage, The Continuing Investigation. This process will proceed until the end, at the closure of the investigation.

The detectives have departed the crime scene, which has now totally disappeared. The Real Evidence that has been collected is now in storage, with those items requiring analysis having been sent to the laboratory. Results from these tests and examinations will usually not be obtained for weeks. The focus of the investigation now turns to developing leads that will either identify and/or locate the perpetrator.

This lesson supplements the extensive information in the reading in Chapter 6 “Basic Investigative Leads” of the textbook (pages 103-116). It is absolutely necessary to read and study this material in order to properly understand this lesson and to complete the next assignment. Please have the book available to refer to the pages that will be noted in the following discussion.

Basic Investigative Leads

At this point the focus of the investigation is effort to answer one of two questions. If the offender has been caught in the act at the crime scene or apprehended in flight shortly thereafter, we have a Known Identity (who did it). The emphasis will now be on building the case against that individual to confirm and prove the case against them. When the perpetrator is not promptly arrested, the investigation varies according to whether there is a Known Identity ( provided by the victim or witnesses) or an Unknown Identity. If Known, the objective will be to locate and apprehend the suspect and link them to the crime. If Unknown, a much bigger challenge is presented. An intensive effort must be launched to develop leads to come up with a name or names who can be pursued. In these cases, where the criminal has not been identified, TIME IS OF THE ESSENCE. The first 24-72 hours following the crime is known as the The Critical Period (this is the subject of the popular television crime series, “The First 48”). Experience has shown that unless at least the name of a possible suspect does not emerge during this time, the chances of solving the crime will greatly diminish. As more time passes, witnesses will begin to forget or become less cooperative, the criminal will flee farther away, and the leads will rapidly become cold. Therefore, a considerable amount of work must be done in a short period of time if there will be any hope of a successful conclusion to the investigation.

The sources of Basic Leads are discussed in depth in Chapter 6.

(See “Basic Leads”, pages 105-116 in the textbook and particularly Figure 6-1 on page 105.)

Coming from the crime scene, victim and witnesses, Basic Leads may emerge from the following sources:

· The Victim’s Background

· Persons who may have gained Benefit from the crime

· Persons who may have had an Opportunity to commit the crime

· Persons who may have had Knowledge necessary for committing the crime

· Field Contact Reports

· Vehicles

· Weapons

· Fingerprints

· Stolen Property

· Modus Operandi

· Computer Databases

· Offender Registration

· Photographs of Known Criminals

· Composite Sketches

· Injured Suspects

· Linkage With Known Criminals

· Social Media

· Video Surveillance Cameras

· Cell Phones

The goal of generating basic leads from the above sources is to develop a Universe of Suspects. Theoretically, the criminal could be anyone and everyone. This range of possibilities must be narrowed down as people are eliminated with the ultimate aim being to identify a Prime Suspect (or more than one) upon whom the investigation can now focus.

Background Investigations

Once at least one name has emerged from the efforts to develop basic leads (hopefully within the critical period), a thorough examination of the individual’s background is conducted to attempt to link them to the crime. This endeavor is yet another example of the theme of criminal investigation as an Information-gathering process. The background check will take time and effort to complete, but must be accomplished as soon as possible. As already noted, the victim’s background is the starting point for leads and so a study has already been initiated on the victim’s life and associations. We are now trying to link the prime suspect to what we have discovered in the victim’s personal history. Did this person have a motive? Did they have a benefit? Did they have an opportunity? Did they have knowledge?

To answer these questions, a background investigation is launched on all serious suspects. The following aspects are surveyed:

· Name - the name we have is checked and cross-referenced in police and public records to verify spelling, middle names as well as nicknames and aliases. It is very common for people with a criminal background to go under different names at various points. It must be clear exactly who we are looking for.

· Description - Date of birth, height, weight, physical characteristics, distinguishing marks, tattoos, etc. are recorded.

· Family - all connections are checked---parents, siblings, spouses, children---to uncover possible relevant associations.

· Addresses - the current address must be verified, as well as the most recent past addresses. Not only will these provide the starting points to locate the suspect but they will also establish possible means of contact and connection with the victim.

· Employment - the current and former places of employment all could be possible links between the suspect and the victim. Employers, supervisors and co-workers may be questioned.

· Education - the most recent schools, back to at least high school must be checked. Again, here could be the link with the victim. If current, teachers or counselors may be questioned.

· Military Service - if applicable, the service records of an individual can provide extensive information of their activities and associations.

· Financial Profile - since business dealings and financial issues are often factors in criminal cases, the business, banking, real estate and other aspects of the suspect’s finances are examined, including losses, bankruptcies and debts.

· Social Activities - the social life of the suspect is studied to uncover linkages. Clubs, organizations, sports, social groups, or religious activities may yield important connections.

Sources of Information

To research the above aspects of an individual's background, the police have access to vast sources of information. Depending on the circumstances, some of these sources may be more important than others. Although the possibilities are virtually limitless, following are some of the more commonly referenced information bases:

· Police Records - The files of the investigating police department are usually the starting point for research. If the individual has already come in contact with the department through prior cases, a detailed history may already exist in the records. In addition, county, state, and federal criminal databases are scanned to access information collected by other agencies.

· Motor Vehicle Commission - Readily available online bases allow information to be accessed through driver license and vehicle registration records. Photos, birthdates, addresses, height, eye color and vehicles driven are some of the data items that can be gained.

· Telephone / Internet Provider Records - Obviously land-line, cell phone, and internet records can yield very valuable information about a suspect's activities, movements and contact with the victim. Beyond that, these companies also have extensive information on employment, income and credit matters.

· Utility Company Records - Providers of gas, electric and water have records of control and use of a residential or commercial location. In drug, vice and conspiracy cases, control of a location is a vital element of the evidence against a suspect. .

· Government Agencies - The Internal Revenue Service, US Postal Service, Department of Homeland Security, State Division of Family Services, EZ Pass, and the municipal Bureau of Vital Statistics are just some of many government agencies that can be contacted to provide specific tax, mail, immigration, movement or family information that might be needed to build a case.

· Internet Searches - Google and other search engines can yield extensive information collected from a variety of governmental and non-governmental sources.

· Social Media - Many people establish an active profile on Facebook, Twitter, Instagram, TikTok and LinkedIn, often posting frequently about their activities, movements, and status. Law enforcement agencies have increasingly used these platforms to gather information on persons of interest.

These are only the main sources of information available to law enforcement. The extent of information that can be acquired about a suspect is limited only by the initiative and effort that the investigator is willing and able to put into a case.

Access to Information

Of course not all information about people is easily accessed by the police. Detectives must become familiar with the procedures necessary to obtain the information they are seeking. There are three main methods to access the sources of information outlined above:

· By Permission - Interagency cooperation and records access with other law enforcement and government agencies is granted by request and permission, usually through established procedures and official correspondence.

· By Status as a Public Record - Property tax, business registration and marriage records are all available to the general public and no special arrangements are needed.

· By Legal Process - Medical, financial, and telephone/internet records are subject to strict privacy regulations and the police must gain a court order to access such information.

There are ethical considerations that come into play in the search and collection of information on private citizens. Everyone in this country has an expectation of a certain degree of Right to Privacy in our personal lives. Police officers must legally and ethically respect this right and cannot abuse their authority to violate it without just cause.

On the other hand, in order to maintain the safety and security of society and protect the community, law enforcement has a Need to Know certain information about criminals and their activities. This is a constant balancing act that is often decided by the courts and public opinion. Investigators should be always mindful of their powers as well as their limitations in the performance of their duties.

For an interesting discussion of information-gathering by law enforcement, see the video below on “Criminal Investigation - Possibilities and Limitations”.

In addition to the process of developing basic leads through looking deeply into the background of the victim and suspects, the early stage of the Continuing Investigation involves the search for witnesses who can provide further information to build the foundation of the case. That process will be the subject of our next lesson.