DCJS Criminal Investigation Procedures 4 — Questions and Answers
Question 1: During a traffic stop, an officer smells marijuana emanating from the vehicle. Under current Virginia law, how does this affect the search?
- It automatically provides probable cause to search the entire vehicle
- Odor alone may not be sufficient probable cause given marijuana's legal status in Virginia (Correct answer)
- The officer must release the driver immediately
- The officer can only search the glove compartment
Correct answer: Odor alone may not be sufficient probable cause given marijuana's legal status in Virginia
Since Virginia legalized marijuana possession for adults, courts have held that odor alone may no longer establish probable cause to search a vehicle.
Question 2: What is a 'victimology' analysis in a homicide investigation?
- A list of all prior victims in the jurisdiction
- A thorough study of the victim's background, lifestyle, and relationships to identify suspects (Correct answer)
- Medical examination of the victim's injuries
- A statistical analysis of crime rates
Correct answer: A thorough study of the victim's background, lifestyle, and relationships to identify suspects
Victimology examines who the victim was, their routines, and relationships to understand why they were targeted and narrow the suspect pool.
Question 3: Which rule governs when physical evidence obtained in violation of the Fourth Amendment may be excluded from trial?
- The Best Evidence Rule
- The Exclusionary Rule (Correct answer)
- The Fruit of the Poisonous Tree Doctrine only
- The Harmless Error Rule
Correct answer: The Exclusionary Rule
The Exclusionary Rule bars the use of evidence obtained through unconstitutional searches and seizures, with the Fruit of the Poisonous Tree doctrine extending this to derivative evidence.
Question 4: An investigator is conducting surveillance. At what point does surveillance become constitutionally significant?
- Immediately upon beginning observation
- When it reveals information the subject had a reasonable expectation of privacy in (Correct answer)
- Only if the subject is aware they are being watched
- After 24 continuous hours of observation
Correct answer: When it reveals information the subject had a reasonable expectation of privacy in
Surveillance implicates the Fourth Amendment when it intrudes on areas or information where a person has a reasonable expectation of privacy.
Question 5: What is the purpose of a 'case file' or investigative folder maintained throughout a criminal investigation?
- To provide journalists with investigation updates
- To organize all documentation, evidence records, and investigative steps for court preparation and review (Correct answer)
- To record only the officer's personal observations
- To track administrative overtime costs
Correct answer: To organize all documentation, evidence records, and investigative steps for court preparation and review
A complete case file documents every step of the investigation, ensuring accountability, continuity, and providing prosecutors the materials needed for prosecution.
Question 6: What is the difference between a 'field identification' (showup) and a formal photo array?
- A showup occurs at the station; a photo array occurs at the scene
- A showup is an immediate on-scene one-person identification; a photo array presents multiple photos later (Correct answer)
- They are legally identical procedures
- A photo array is only used for felonies
Correct answer: A showup is an immediate on-scene one-person identification; a photo array presents multiple photos later
A showup is a prompt one-on-one identification near the crime scene, while a photo array is a structured multi-photo identification procedure conducted later.
Question 7: Under Virginia Code, a law enforcement officer who discovers a firearm at a crime scene should:
- Test-fire the weapon immediately to determine if it was recently used
- Document its position, photograph it, make it safe, and submit it as evidence per department policy (Correct answer)
- Return it to the nearest licensed dealer
- Allow the first officer on scene to take custody without documentation
Correct answer: Document its position, photograph it, make it safe, and submit it as evidence per department policy
Firearms at crime scenes must be documented, photographed in place, rendered safe by a qualified officer, and processed as evidence following established protocols.
DCJS Criminal Investigation Procedures 4
During a traffic stop, an officer smells marijuana emanating from the vehicle.
Under current Virginia law, how does this affect the search?