DCJS Criminal Investigation Procedures Questions and Answers — Questions and Answers
Question 1: An officer is preparing a photographic array for an eyewitness identification. According to the DCJS model policy, which of the following is a required procedure?
- Presenting the photographs to the witness sequentially, one at a time. (Correct answer)
- Including at least ten photographs in the array to ensure a fair selection.
- Showing the array to all available witnesses at the same time to ensure consistency.
- Informing the witness that the suspect is definitely in the array and they must make a choice.
Correct answer: Presenting the photographs to the witness sequentially, one at a time.
The Virginia DCJS model policy on eyewitness identification recommends the blind-sequential array method, where photographs are presented to the witness one at a time. This method is preferred to reduce the risk of misidentification by preventing the witness from making relative judgments between photos. The policy also requires specific instructions be given, such as that the perpetrator may or may not be in the lineup, and it prohibits showing the array to multiple witnesses simultaneously.
Question 2: A law enforcement officer in Virginia conducts a custodial interrogation of a robbery suspect at the police station. According to Virginia Code § 19.2-390.04, what is the primary requirement for this interrogation?
- The suspect's attorney must be present during the entire interrogation.
- The interrogation must be limited to a maximum of two hours.
- An audiovisual recording of the entirety of the interrogation must be made. (Correct answer)
- A written summary of the suspect's confession must be signed immediately after.
Correct answer: An audiovisual recording of the entirety of the interrogation must be made.
Virginia Code § 19.2-390.04 mandates that a law-enforcement officer conducting a custodial interrogation at a place of detention shall cause an audiovisual recording of the entire interrogation to be made. If an audiovisual recording is not possible, an audio recording must be made. Failure to do so does not automatically make statements inadmissible but may be considered by the court in determining the weight of the evidence.
Question 3: An officer responds to a burglary that just occurred. A witness provides a description of the suspect who fled on foot. A short distance away, another officer detains a person matching the description. To confirm the identity, the investigating officer considers a 'show-up' identification. Under Virginia DCJS guidelines, a physical show-up should only be used under what condition?
- When the witness is uninjured and can be transported to the police station.
- Only after a photographic array has first been attempted and failed.
- When it can be conducted more than six hours after the crime to allow the suspect to calm down.
- Immediately after the crime has occurred, typically within three hours. (Correct answer)
Correct answer: Immediately after the crime has occurred, typically within three hours.
Virginia DCJS guidelines and established best practices state that a physical show-up is an identification procedure to be used only in exigent circumstances, immediately following a crime. The VCU Police policy, as an example, specifies that a show-up shall not be used more than three hours after a crime has occurred. This immediacy is crucial for its validity and to minimize the suggestiveness inherent in this type of one-on-one identification.
Question 4: Which of the following items generally requires a search warrant to be searched and seized from a private residence, according to Virginia Code § 19.2-53?
- Contraband left in plain view on the front porch.
- A stolen vehicle parked on the public street in front of the house.
- Weapons used in the commission of a crime, stored inside a locked safe. (Correct answer)
- Garbage cans left on the curb for weekly collection.
Correct answer: Weapons used in the commission of a crime, stored inside a locked safe.
Virginia Code § 19.2-53 allows for the issuance of search warrants to seize items like weapons used in a crime. Items inside a locked safe within a private residence have a high expectation of privacy and require a warrant to be legally searched and seized. The other options fall under exceptions to the warrant requirement: the 'plain view' doctrine, items in a public space, and abandoned property (garbage on the curb).
Question 5: During the investigation of a complex financial fraud case, an officer needs to obtain bank records. What is the fundamental principle regarding the use of a search warrant for such documents in Virginia?
- A search warrant can never be used to obtain financial documents.
- A search warrant may be issued for documents and records constituting evidence of a crime. (Correct answer)
- Officers can only obtain bank records by directly asking the suspect for consent.
- A search warrant for documents is only valid if served by a federal agent.
Correct answer: A search warrant may be issued for documents and records constituting evidence of a crime.
Virginia Code § 19.2-53 explicitly states that search warrants may be issued for the search and seizure of any object, thing, or person, including documents, books, papers, and records that constitute evidence of the commission of a crime. This allows investigators to legally obtain crucial evidence like bank records in a fraud investigation.
Question 6: An officer is documenting the chain of custody for a piece of physical evidence collected at a crime scene. Which of the following is the PRIMARY purpose of establishing and maintaining a proper chain of custody?
- To determine the monetary value of the seized evidence for asset forfeiture.
- To ensure the evidence is properly stored to prevent degradation.
- To create an unbroken record of every person who has handled the evidence. (Correct answer)
- To notify the Commonwealth's Attorney that evidence has been collected.
Correct answer: To create an unbroken record of every person who has handled the evidence.
The primary purpose of the chain of custody is to ensure the integrity of the evidence by creating a continuous, documented record of its possession from the moment of collection to its presentation in court. This demonstrates that the evidence has not been tampered with, altered, or substituted, which is crucial for its admissibility and credibility during legal proceedings.
DCJS Criminal Investigation Procedures Questions and Answers
An officer is preparing a photographic array for an eyewitness identification.
According to the DCJS model policy, which of the following is a required procedure?