Today’s Investigative Special Report – February 1, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of a Child Sexual Assault Investigation – Part V”

By Lawrence W. Daly, MSc

ForensicExpert – Senior Author

Sex Offender Data Sought From MySpace (Photo credit: methodshop.com)

Since the explosion of the child sexual assault era in the late 1970s and early 1980s one of the laws which was passed in the majority of States were individuals who wanted to work around children have to be fingerprinted. This step provides a pseudo type registration in that once an individual is fingerprinted those fingerprints are registered in the National Automated Fingerprint System (NFAIS).

In most States, individuals who sexually assault children are required to register at the local police department that they are a sex offender and at that time provide the police with their information. This information includes all of their personal information, where they work, and the types of vehicles they own, to who their family and friends are. Law enforcement wants to know everything about them. Sex offenders may be able to control their behavior, but they will always be an offender.

The purpose of this information is to identify and profile this individual in case ‘if’ a child is abducted or sexually assaulted or murdered, law enforcement will be able to review each sex offender’s method of operandi and determine if they could be a viable suspect.

In child sexual assault investigation (CSAI) the second characteristic of “Daly’s Twelve Investigative Characteristics to Finding the Truth” is registration. The reasons for registration being one of the characteristics are as follows: The District Detective needs to consider the following:

Registration - Perpetrator upon being convicted of a sex crime is required by law to register as a sex offender

1.      Like a fingerprint once the perpetrator is placed into the local, state, and national registration for sex offenders his fingerprints will always remain in the system. His method of operandi, sexual preferences, and everything about him will be placed into the registration.

2.      The location of the sex offender’s residence may become important to the District Detective as if a CSAI is committed by the sex offender’s residence it is common sense that the local offender may have been involved in the crime.

3.      The sex offender will be required to establish an alibi i.e. where he was when the crime occurred.

4.      The physical, biological, and trace evidence found at the crime scene can be quickly matched with the possible sex offender.

5.      A montage, sometimes called a “show-up” which is a series of photographs of potential sex offenders can be shown to the child victim. The District Detective is responsible in making sure that the array of photographs are similar to the individual they have focused their investigation on. This investigative procedure is performed so at a later time the montage is not thrown out by a court because law enforcement were suggestive or pointed the child victim to the sex offender they had in custody.

6.      If the crime scene technician (CST) locates a fingerprint, then he is to advise the District Detective. The District Detective would then have the CST take the fingerprint to the NAFIS and have the fingerprint compared. However, there is new technology in this area, where fingerprints can be lifted (collected) and immediately put into a portable fingerprint scanner. Further, the MorpholDent Portable Fingerprint Scanner allows field identification of a suspicious person without taking the officer off the street to bring the individual to a precinct office or jail.

Kenny Ray Morrison convicted sex offender (Photo credit: Wikipedia)

The cost of the new portable fingerprint scanner can be analyzed as reducing the number of manpower hours that it costs an agency to take a fingerprint to the police station or the State Crime Laboratory for examination and analyzation. The same is true if you have to take one of the district cars out of service to fingerprint an individual you believe is not who he says he is; may be illegally in the United States; may have a warrant out for his arrest; the latter; and so forth.

The value of the locating, identifying, and collecting a fingerprint at a crime scene is like striking oil. If the perpetrator’s fingerprints are in the NAFIS then there is the possibility depending on the characteristics of the fingerprint that there will be a match.

In CSAI cases the need for fingerprints is not as important as if the CT was processing the crime scene of a homicide. In regards to the identification of the perpetrator, in 95% of the sexual assaults committed on a child, the child was found to be either related to or knew him. It is only the remaining 5% where identification is an issue.

In the 5% of stranger cases, having the most up to date information about where the sex offenders live is vital. If the sexual assault occurred in the vicinity of where a sex offender works or lives, this situation can be like the value of obtaining a fingerprint. The method of operandi may be specific enough to make the individual a ‘person of interest.’

In several studies individuals later identified as sex offenders admitted to committing the crime 75% of the time. Most of these individuals have been through the criminal justice system and understand how the legal system works. If the individual confesses that he has a sex problem he may be thinking that he has been caught now so it is time to play the role of how sorry he is and how he needs treatment.

The goal of the detective should be to maximize all his resources immediately once the child sexual assault has come to the attention of the authorities. In homicides the investigative ideology is law enforcement has 72 hours in order to identify, locate, and apprehend the perpetrator.

In child sexual assault cases 50% of the time the sexual assaults are reported immediately. The problem for law enforcement is that the other 50% of the sexual assaults could be as old as sixty-years ago. The perpetrator may be dead or is in a nursing home and non-prosecutable. The physical, trace, biological, and medical evidence and testimony of witnesses generally no longer exists.

The correlation between the second characteristic of Daly’s twelve investigative steps, is as important or may be as important as any of the characteristics. Solid evidence such as a fingerprint can be utilized in such a way that the judge or jury should be influenced to either convict or clear an individual from being convicted.

Registration of sex offenders and their fingerprints of these offenders across the United States have been remarkable and have made a major difference for child victims. The National Center for Missing and Exploited Children (NCMEC, 2012) released the results of their latest survey regarding the number of registered sex offenders in the United States. The organization’s most recent survey of States found there are 747,408 sex offenders registered in the United States. Since 2006 there has been a 23% registration increase.

These findings provide a positive and successful relationship between the quality of investigation being performed by law enforcement and crime scene technicians to the registration of sex offenders. The greater the number of registered sex offenders identified the more likely law enforcement will be able to identify the offender, prosecute them, and send them to prison for life. These results occur when law enforcement can identify the sex offender because of his specific method of operandi and is tagged as being the one where a child was sexually assaulted.

Law enforcement needs to broaden their capabilities by having access to resources such as the portable fingerprint scanner, the new procedures in processing fingerprints, the new procedures of identifying sex offenders, the new procedures of how to interrogate sex offenders, and etc. In providing new tools to use, law enforcement proficiency rates will be successful.

The future of obtaining critical evidence by law enforcement and providing a case full of evidence that the prosecutor can use to prosecute sex offenders may make the difference if the sex offender is found guilty or not guilty. Law enforcement’s fact finding investigation mission has to be at the level competence, intelligence, reliability, and credibility which provide avenues for them to create and innovate new child sexual assault investigations methods and techniques.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Today’s Investigative Special Report – January 31, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “When Law Enforcement Fails To Mirandize A Perpetrator The Results Can Be Alarming”

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

The basics of being a law enforcement officer is at the police academy is learning why a person of interest or an individual who is arrested needs to be read their Miranda Warnings. Failure to Mirandize a perpetrator may have an alarming effect on what will happen to that individual. If th

New York City Police Department (Photo credit: Wikipedia)

e law enforcement officer receives a confession from the prime suspect and the officer failed to follow the law, it is possible that the confession will be thrown out in a court of law.

Duane Lester reporter of LibertyNews reported on January 29, 2013 that Arey Eller, 46, a New York City teacher in 1998 was criminally investigated and disciplined for making sexually harassing statements to female students. According to the school district investigator, Ed Stancik alleged that Eller’s behavior at time was loony and lecherous, among them:

1.      He told a student “You have a beautiful face and body and the way you dress ‘disturbs me’.”

2.      He pulled her into an empty room and blurted, “I love you.”

3.      He asked another student to lift her shirt to show off her butt, stating, “God bless, you have a nice ass.”

4.      He turned off the classroom lights during a movie, danced with open arms, and touched a girl’s shoulders. The girl allegedly screamed.

5.      He admitted and stated that “I have a crush on a girl, telling her she was “well developed” and “would make a good wife.” He then hugged her “very tightly” and confided that “he wouldn’t just fall in love with any girl…and that age doesn’t matter.

Eller who worked for only one year as a full-time teacher in the New York City public schools has been collecting almost $1 million dollars for doing administrative duties such as filing paperwork, answering the telephone, and working in what the school district has name the “rubber rooms” which is where teachers who potentially pose a danger to students are assigned until their cases are resolved.

In Eller’s case he has been working in the “rubber room” for over 14 years making $85,000 plus benefits per year. The housing of Eller into a “rubber room” seems to be something from a ‘Fairyland Tale” story. If he was “sexually harassing students” what could be as simple as firing him? Forget the confession being tossed, what about the testimony of the female victims.

The school district tried to fire Eller’s in 2000 but he was not fired because of a technicality. The technicality was during the criminal investigation, law enforcement failed to Mirandize him. The hearing officer who decides whether tenured teachers can be fired dismissed the case, ruling that Eller wasn’t told his rights.

The Board of Education failed to investigate the complaints in 1998, sending Eller for a medical exam and then back to class. Meanwhile, he gained tenure and job protections as the alleged investigation became a drawn out process.

According to many social media sources Eller’s confessed to numerous allegations that he sexually harassed female students. The information about who did not advise Eller’s of his Miranda Warnings is not explained in the social media resources.

It is reasonable and logical that the police are the only criminal justice agents who are required to advise an individual of his Miranda Warnings. If the school district investigator Stancik was acting as an agent for the police he too would be required to advise Eller’s of his Miranda Warnings.

If Eller’s case was just a one time situation maybe just maybe the community could over look his case. However, according to Daily Mail Reporters, sixteen teachers were all reprimanded for inappropriate behavior are still in their jobs.

It appears there may be many communication problems occurring with who is responsible to investigate a child sexual misconduct allegation(s) and to pursue criminal charges if necessary under the law. In the Eller matter there were multiple claims of sexual misconduct. In the other fifteen sexual misconduct performed by teachers there were numerous crimes committed. So where were the police in these cases?

The law in most States requires educational institutions to report any allegation of sexual or physical abuse to law enforcement if there is a “reasonable suspicion” that the act occurred. It is not up to the educational institution to investigate a claim of sexual or physical abuse. They are to report their “reasonable suspicions” to law enforcement.

The technical errors which granted these 16 teachers to remain on the job indicate a problem within the New York City School District and the New York City Police Department. It would be necessary to review each case to come to a reasonable investigative conclusion of why each of these teachers were allowed to remain on in “rubber rooms” type scenarios.

In evaluating why these teachers were allowed to remain teaching after sexual abuse or harassment was reported here are some of the reasons things went sideways in their cases:

1.      The school district has an agreement with the New York City Police Department that when a sexual or physical abuse situation occurs, the school district investigator will investigate the claim prior to contacting law enforcement.

2.      The school district investigator has police powers but they are limited.

3.      In acting as a law enforcement agent the school district investigator would be required to follow the proper criminal procedures that law enforcement follow e.g. advising the perpetrator of their Miranda Warnings.

4.      The school district investigator and law enforcement work together in performing the investigation. It is possible the school district investigator would investigate the initial allegations and then call law enforcement. Upon responding to the school where the incident took place law enforcement would be briefed by the investigator and then law enforcement would take the investigation from this point forward.

5.      Law enforcement investigated the initial complaint, teachers such as Eller’s were contacted, but they failed to Mirandize him.

There are many reasons a law enforcement officer must Mirandize a person of interest. If law enforcement has narrowed their focus on an individual as the person who may have committed the crime, then they must administer the Miranda Warnings. If during an interview of a witness it becomes apparent that an individual who is giving law enforcement information discloses a piece of evidence only the perpetrator would know, then law enforcement are required to stop him and advised him of the Miranda Warnings.

What is happening in the New York City School District is no different than what occurs across the United States. Generally, the Board of Education who perform the investigations independently of what law enforcement does, they may investigate the allegations two to three years after the allegations were made. The problem is there are many complaints and only a few investigators to handle the case load.

Failing to perform the investigation two to three years after the allegations have been made is incompetence and illogical. In the United States teachers have one of the highest sexual assault allegations rate specifically because they deal with children on a daily basis; it is common sense. The opportunities for the teacher to act out are present during a school setting where the teacher and student are alone. Sometimes the teacher is so confident the school district will not discipline him he will sexual or physically act out towards a student.

Parents share some responsibilities in sexual and physical abuse situations. If a child is assaulted or harassed in any way, the child should have an open door policy with their parents to discuss what a teacher did to them which was inappropriate or a crime. Parents can then decide what law enforcement or school district involvement there should be.

The ultimate responsibility is for the student to tell someone that a teacher is making them feel uncomfortable. In the Eller’s matter, as soon as he made his first sexual comment he should have been reported and removed from the classroom. Failure by the student to report is and always will be an issue as being sexually harassed or assaulted is an embarrassing situation for the student. It is important that parents and the school district teach children how to report a teacher for misconduct of any kind.

Whoever the individuals are who are responsible for the 16 teachers in the New York City School District to remain in their job, it would be prudent and logical that new procedures, policies, and a process which mandates how an allegation of sexual and physical misconduct by a teacher is handled. Just maybe the Eller’s of this world will not only be placed in a “rubber room” but one with bars around it; never to see daylight.

 

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Insurance Policies ? An Approach for Good Livelihood

Life insurance is seemed to a subject matter of solicitation. But when it comes to advantages of this solicited product, we get ourselves in assured stage of life from fatalities and losses. Life that we live is chock-full with uncertainty and improbability. At every stage of life we find mashed circumstances when we lost some thing very precious and important for our life, in that situation life insurance helps to make distress of losing fewer than actual.

Insurance policies not only secure losses from medical casualty but also your basic things. There are number of insurance policy for home, vehicles and for general goods. These type of policies have been categorized as a general insurance policies. These policies are claimed for losses of home, any product, theft of motor car and wastage of things. Insurance policies are claimed for both natural and unnatural calamities, but can not be claimed in natural losses. For example: If a consigner get insurance policy done for consignment of any product, and in transportation some units of products get waste due to a general and natural process, consigner can not claim for that loss. But if some units of product are lost, theft or damaged by fire or water can be claimed for insurance. Insurance policies vary product to product and persona to person.

When we talk about Home Insurance, this policy makes you safe from the loss by fire and theft by covering risk. As it is considered non-life insurance, thats why we do not get any return on this investment besides cover of risk.

You can get your home equipment insured through insurance policy. I means to say you can get most of things of your necessity insured through insurance policies. Now a question arise where should you get insured? Because there are a lot of institutions claiming best insurance policy according to individuals need. But this is very hectic to get policies compared with all institutions. But now this even this problem has been sorted out. There are many lead aggregator companies such as deal4loans and bimadeals to provide chart facilities to get policies compared. User need to fill their query form and company it self contact with users to collect their information. Then after this process your information is forwarded to banks and insurance institutions and then insurance companies contact with users themselves accordingly.

This process is absolutely pecuniary process and has a relation with trade. When user submits his/her information, the information is sold out rather than smooth forwarding. Each users information is treated as a business lead and sold after calculation of cost per lead. User always gets done favor, because information is sold out to more than one bank or institution. So user gets better option to compare policies.

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Best Houston Driving While Intoxicated Attorney: What You Need To Know About Field Sobriety Tests - Law

When police officers suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also designated field sobriety tests.? Field sobriety tests help police determine a driver's level of intoxication by challenging his/her physical and mental coordination and capacity to follow instructions.? They're also used to establish a probable cause for criminal arrest.?

If you are stopped for suspected DWI, be courteous to the officer. Nonetheless , do not answer inquiries about what you have had to drink or when.

Politely refuse to undergo field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.

The three standardized field sobriety tests used by Houston law enforcement officers are:The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When a person is intoxicated, it is believed that his or her eyes are more likely to twitch. Through the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver is unable to follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (However, it is important to note that Nystagmus is medical and physiological condition that is common in a large amount of men and women, even though they are sober)

The One-Leg Test:?the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his or her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.

The Guide and Turn?Test:the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction In addition to these DWI tests, law enforcement officers may require drivers to perform additional tests, including:Finger to nose testReciting the alphabetCounting backwardsBalancing tests

Hire the Leading Houston Attorney! If you did perform a field sobriety test and were arrested, it is crucial to speak to the Most Respected Houston Criminal Defense Lawyer immediately. Most police officers have already decided to arrest you at this point, and are now just looking for more evidence to use against you in the courtroom. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that can certainly cause people to appear intoxicated, that include nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.

Other important information:

After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this right, and you will have a much better chance of avoiding a conviction.

You also have the right to legal counsel. This is a constitutional right that must be observed in order to give defendants in criminal cases the opportunity to demonstrate their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible after a DWI charge, you will provide him or her a better chance of making a positive effect on your case.

If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only 15 calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.

Most importantly, speak to the Finest Houston Attorney as soon as you are able to. Having a competent lawyer at your side as early in the process as possible will mean that your protection under the law will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: The Leading Houston Criminal Attorney

If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is crucial to hire a highly skilled Houston DWI attorney to investigate your case and represent you in court. The Finest Houston Criminal Defense Attorney will use their expertise to battle the charges brought against their clients and protect their rights. They will question the arresting officer's ability to properly conduct a field sobriety test, and make sure the officer did not violate their clients' legal rights through the charge. In addition, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they obtain a favorable result, and see that justice has been served.

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Today’s Investigative Special Report – January 30, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part IV”

sexual assault awareness month display (table) (Photo credit: carmichaellibrary)

By Lawrence W. Daly, MSc

ForensicExpert – Senior Author

The type of perpetrator who sexually assaults children are not profiled as the same or come wrapped in a box they are different and are classified individually. They are ruthless and whatever name of classification they are given the bottom line is if they sexually assaulted a child, they need to be identified, classified, prosecuted, incarcerated, and if they are ever released from prison they will be one of the million registered sex offendersin the United States.

Individuals who sexually assault children can be profiled in that they can be anyone beginning their sexual assaults as early as the age of nine years of age; sometimes even younger. These young pedophiles generally sexually assault other children because they were sexually assaulted and begin preying on children their age or younger.

The reactions of being sexually assaulted may find the child acting out sexually or regressing into having psychological and physiological problems, most of the time dealing with depression, suicidal ideations, and so forth. Sometimes a child who is sexually assaulted believes that if they were inappropriately touched and their body enjoyed the feelings of the touching, touching others is something they may want to explore thoroughly.

If this occurs the type of touching may become aggressively intense, violent, and may lead to a child murdering another child. It happens more often than Americans realize. Children are easy targets and they should be classified as innocent and vulnerable; easily preyed upon by older and stronger individuals who seek them out because they know they can intimate, threaten, and control the child.

The seventh characteristic of “Daly’s Twelve Investigative Characteristics To Finding The Truth” is Classifying. Once a fingerprint is located, identified, processed, analyzed, the fingerprint expert will classify what type of fingerprint it is. In child sexual assault investigations (CSAI) the type of crime is classified as being a specific law was violated. The common classifications of crimes are:

1.      Child Molestation

2.      Rape

3.      Communicating With A Minor

4.      Assault With Sexual Motivation

5.      Other

These five criminal laws classifications provide specify elements for each crime to have been committed. Under each law in order to prove that the perpetrated committed the specific crime, the State must prove beyond a reasonable doubt that the perpetrator committed the specific crime and in the process sexually touched the child on her genitilia with his hands for the reason of sexual gratification.

Depending on the amount of force used during the sexual assault will determine the classification of this crime e.g. forcible rape, indecent liberties, and etc. If the perpetrator by word or actions threatens or assaults the child in any manner during the sexual assault the classification is raised to a higher level of crime with serious consequences.

California Coalition Against Sexual Assault (Photo credit: Wikipedia)

Classifying - The District Detective will classify the case as a specific crime

The District Detective must identify who the victim was who was sexually assaulted. In interviewing the child victim the detective must ascertain the 7 w’s i.e. when, where, what, which, who, why, and how reference questions about the crime. Further, the detective must ask the following type of questions in order to properly classify the crime:

1.      If the child was unable to disclose that a crime occurred then the District Detective will close the case for whatever reason is presented to the detective

2.      If circumstances prevent the criminal investigation from occurring then the District Detective will place the case into his inactive files

3.      If the child was penetrated then the criminal charge is generally a Child Rape charge depending on the force used and the age of the victim

4.      If the child was not penetrated then the criminal charge is generally a Child Molestation depending on the force used and the age of the child

Sometimes when a child is sexually assaulted things go sideways for the pedophile. He my becomes too aggressive which may eventually cause the child to be seriously injured or murdered.

Jessica Lunsford Act (sometimes referred to as Jessica’s Law) enacted in 2005 by Congress and currently enacted in 43 States, with additional States seeking to pass it at this time, is a national movement to incarcerate pedophiles for twenty-five plus years depending on the type of sexual assault committed upon the child.

The response by Congress and the State Legislatures and Governors in these 43 States sent a message to those who sexually assault children that there will be a loss of freedom for life if they commit a sexual assault against a child. No longer will there be a slap on the hand attitude or response by the courts of men and women who sexually assault children.

Classifying a fingerprint, a crime, the type of victim, witness, perpetrator or evidence allows the criminal justice system to be structured in such a way that it is easy for those who work within in the system to accomplish and perform their roles and responsibilities.

If public employees are capable of realizing and grasping that their job is part of a chain of responsibilities then the system works. If along the way there is a failure by these employees to produce or commit to their jobs then it is possible that a child sexual assault victim may be re-victimized by the same perpetrator or an alleged perpetrator who did not commit the crime is found guilty and sent to prison.

Public servants must realize that there is significance to their position and the ramifications which occur when they fail the community that they serve. No one should believe the entire burden of whether a child is sexually assaulted in the future is theirs to worry about. However, they need to be concerned about their function and the impact their decisions will have on the individual and ultimately the community.

It is vital that everyone does their part and if the criminal justice system has positive and successful leadership, then classification will occur and be beneficial to those who become engulfed into the system.

Of the twelve characteristics classifying is one of the most important aspects of determining if a crime did or didn’t occur. If law enforcement agencies educate and train their personnel in understanding the relevance of classifying evidence and type of crime they are dealing with, then the parties involved and the community should be satisfied with the performance of their public employees and law enforcement agency.

With the use of the newest technology gadgets, classifying will provide law enforcement and those who work in the criminal justice system multiple avenues to innovate and create tools which will take classification of evidence, testimony, and criminal behavior to another level.

In the end, a law enforcement officer who clearly understands the laws and understands how to classify and apply the classification adequately and properly will become a leader who is intelligent and competent in the law enforcement community. Further, this new mindset should bring about an intense accountability against those who work outside the law i.e. pedophiles, and commit sexual assault crimes against children.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Sobriety Checkpoints and their Legality in the US - Law - Criminal Law

Sobriety Checkpoints are designed to catch impaired drivers with a sort of road block where police officers randomly stop and breathalyze drivers as they pass through. Generally these types of checkpoints are very effective in convicting drivers who are impaired which is why despite controversy over the matter they are still considered legal. The controversy surrounding sobriety checkpoints is related to the fact that some people believe that they are unconstitutional.A Lakewood DUI attorney may argue that sobriety checkpoints are unconstitutional because it violates the 4th Amendment that states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Due to the fact that sobriety checkpoints are don e at random they are also done without a probable cause. A Lakewood DUI attorney may also point out that sobriety checkpoints are considered to be unreasonable search and seizure since authorities do not have a solid reason to breathalyze drivers at a road block. Authorities are coming to the conclusion that there are impaired drivers on the road amongst other unimpaired drivers so to get impaired drivers off of the road they are stopping all the drivers without a probable cause or reason to search.In 1990 in the case, Michigan Department of State Police v. Sitz the Michigan Supreme court ruled that sobriety checkpoints are unconstitutional. Later the United States Supreme Court ruled that sobriety checkpoints are constitutional if they are carried out properly. To help ease the controversy over the issue of sobriety checkpoints there are many legal guidelines in place that authorities are required to adhere to. Because of the obvious loophole that sobriety checkpoints are c onsidered to be in violation of the constitution it may be possible for a Lakewood DUI attorney to fight a case where someone got a DUI at a sobriety checkpoint. If you have any further questions about DUI checkpoints in Los Angeles or Orange Counties, please be sure to check out this helpful website for free legal questions and answers directly from local Southern California attorneys.

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Today’s Investigative Special Report – January 29, 2013 “Dealing With Todays Law Enforcement Specialized Investigations” “The “Fingerprints” Of A Child Sexual Assault Investigation – Part III”

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

In law enforcement the investigative strategies, tactics, and approaches may make a difference in the detective finding the truth about what happened to a child victim who may have been sexually assaulted. This is important as in child sexual assault investigations (CSAI) the manner in which the incident is examined, evaluated, and analyzed by the detective may determine the ultimate outcome.

English: Fingerprint (Photo credit: Wikipedia)

In child sexual assault sometimes a child is sexually assaulted on one occasion. Studies have demonstrated that 50% of the children were touched on one occasion. The reason for the one time sexual touching is children immediately report the incident. The major issue is what happens with the other 50% of a child who is sexually assaulted. Since most perpetrators groom the child, sexually assault the child, then not to be detected, the perpetrator uses coercive and threatening methods to silence the child. Being physically assaulted by the perpetrator is common in child sexual assault children; they go hand in hand.

Children become so fearful that the perpetrator will retaliate against them, or a family member, friends, or an animal, the child may never disclose the sexual assaults. There are many men and women who live with the memory of being sexually assaulted sixty plus years ago. Many people would rather die than tell that at some time in their childhood a man or woman sexually assaulted them.

Many studies have demonstrated the number of women who were sexually assaulted sometime in their childhood is a ratio of 1 out of 3 woman. Men have similar ratios of 1 out 6 were sexually assaulted in their childhood. However, during the past four decades the mental health profession has assisted men in coming forward and the ratio may be higher than studies have demonstrated i.e. the ratio being 1 out of 4 to 5 being sexually assaulted as a child.

Detection- The District Detective will need to identify the "Origin of the Disclosure"

In the “Daly’s Twelve Investigative Characteristics to Finding the Truth” the number 12 characteristic is ‘Detection.’ There is a magnitude of reasons why this characteristic was included. When a crime scene technician (CST) is capable of detecting fingerprints at a crime scene where the perpetrator is unknown, locating, and detecting the fingerprint may bring positive results to the investigation.

The same positive outcome occurs when the child discloses that they were sexually assaulted by a family member or someone else. The disclosure allows a detection process to occur which includes interviewing the child victim, witnesses, and perpetrators. If the detective performs his duties and responsibilities to the law enforcement agencies requirements, he should detect information, facts, and evidence which will assist him in CSAI.

Identification - The District Detective will need to question the child victim and witnesses reference who the perpetrator is to the victim

The fifth characteristic is “Identification” which is included in the twelve characteristics because of a distinct reason. Once a fingerprint is identified it can be classified, then depending on the circumstances the perpetrator may be identified. Sometimes a CST will identify a print, than later put the information into the National Automated Fingerprint Index System (NAFIS).

However, since the perpetrator was never fingerprinted his identity will remain unknown until he applies for a job which requires he be fingerprinted; a background is performed on him; or he is arrested at which time he is fingerprinted. So there are significant situations which may cause his fingerprints to be put in the NAFIS.

Sometimes Hollywood will have a perpetrator they believed committed a crime, but he has never been fingerprinted so there are no fingerprints in the system. During the interrogation of the perpetrator they will place some type of drink in front of the perpetrator with the hope he will leave his fingerprints on the drink item. After he leaves they take possession of the drink and then have it processed for his fingerprints. After the fingerprint is identified, they compare the fingerprints they obtained at the crime scene and in the end, the fingerprints match. They have now identified their perpetrator and can move to have him criminally charged.

In the real world this may happen when a creative and innovative detective employs intelligent and common sensical investigative tactics. Unfortunately, perpetrators are becoming more knowledgeable about law enforcement tactics and refuse to touch anything. Perpetrators for the most part are savvy enough to know what to say, what not to do, and when it is time to ask for an attorney.

When law enforcement interviews the child victim and witnesses there are several questions they will need to ask them. These questions are, but not limited to:

1.      How was the perpetrator identified?

2.      Who was the person who identified the perpetrator?

3.      Did the child victim know the perpetrator?

4.      How did the child victim know the perpetrator?

5.      Was the perpetrator a relative, stranger, friend, peer, neighbor, and so forth?

6.      How did the perpetrator have ‘alone’ time with the child victim to commit the sexual assault?

The answers to these questions and similar ones are critical to the CSAI. Sometimes children have difficulty in explaining who the person was who sexually assaulted them. Further, they may have trouble in identifying what part of their body was touched by the perpetrator. This is a common problem in interviewing young children. If parents would take the time to explain to their child what the name of their body parts is called and what their function is, the child may be capable of providing a detailed account of what happened to them.

Once the child sexual assault has been detected, the type of sexual assault occurred, and the identification of who committed the sexual assault should be enough for a criminal charge to be filed. However, in the criminal justice system perpetrators find freedom too often because the CSAI was not completed thoroughly. Just because the above three facets of the investigation strengthens the case, this should not be a sign that the detective can move on to the next case.

There are other witnesses which should be identified, pursued, and interviewed by the detective. Witnesses who may have information may be counselors, medical personnel, teachers, family, peers, friends, co-workers, and other people who may have information about the parties involved in the allegations.

The detective needs to be complete, thorough, extensive, detailed, logical, intelligent, and most importantly overall competent. The detective’s investigation will present to everyone that he is an individual who has been educated, trained, and experience in conducting CSAI’s. If the detective uses alternative hypothesis and common sense, the avenues of which investigative direction he should take during the CSAI will become apparent, positive, and successful.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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