Purchase Solution

Using Evidence to Solve a Crime

Not what you're looking for?

Ask Custom Question

You have a suspect, but not enough evidence to arrest. You have blood evidence, but the suspect will not give a DNA sample. You cannot compel this person to do so because the evidence is not substantial.

- How would you legally obtain the suspect's DNA?
- Explain the term curtilage.
- Would this include a barn in an open field that is surrounded by a corral-type fence?
- Why is this Fourth Amendment right?
- Does this include photographs from the air and photographs from the sidewalk? Why or why not?

Purchase this Solution

Solution Summary

The expert uses evidence to solve a crime. The fourth amendment rights are determined.

Solution Preview

Reference: http://www.tscmusa.com/CURTILAGE.htm

To legally obtain DNA from this suspect would take ingenuity that consists of clever legal tactics that can be employed by the police detective within the department. First an elaborate stakeout should be held to gather information on the subjects' habits and regular schedule. This would require surveillance of the suspect including surveillance of his home, workplace, and other areas that he may be frequently. The objective of this intensive manpower necessitated surveillance is to obtain DNA through the means of public space.

Any item that is discarded in the public will be publicly available to any citizen who wishes to obtain it. Homeless people, regular citizens, or police officers all have a right to pick up trash that is discarded in public areas. Therefore, if the suspect were to discard a cigarette butt on a public street, go to the mall and order some ice cream discarding the cup or leaving it on the table, or place his trash on a public street for pickup, these are all areas were someone can legally pick up the persons trash. The reason I am stressing this as an important point is because it has important implications for how the detective can legally obtain the suspects DNA even without his consent.

Many prior cases are on file of police officers tracking suspects sometimes for months on end to obtain their DNA covertly. A few examples are incidents where detectives obtained DNA of a murder suspect from the spoon that he left in his ice cream cup at a dairy queen and from a ...

Solution provided by:
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
Recent Feedback
  • "Thank you however I have two questions: 1.) where in this passage is the actual problem statement? 2.) if you used references can you please provide them? This is great work and I am so grateful. "
  • "Thank you very much"
  • "excellent analysis"
  • "graet job very helpful"
  • "Thank you, excellent and very detailed."
Purchase this Solution


Free BrainMass Quizzes
Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Evidence

Do you know your evidence objections? Find out with this quiz!

Title VII Laws

Learn the basics of the laws under Title VII.