OPOTA Criminal Investigation Procedures 2 — Questions and Answers
Question 1: Under Ohio law, what is the legal standard required to obtain a search warrant?
- Reasonable suspicion
- Probable cause supported by oath or affirmation (Correct answer)
- Preponderance of the evidence
- Beyond a reasonable doubt
Correct answer: Probable cause supported by oath or affirmation
Both the Fourth Amendment and Ohio Constitution require probable cause supported by oath or affirmation to issue a search warrant.
Under the Fourth Amendment and Article I, Section 14 of the Ohio Constitution, no search warrant shall issue except upon probable cause, supported by oath or affirmation. The affiant must present specific facts to a judge demonstrating that evidence of a crime will likely be found at the location to be searched. Ohio Criminal Rule 41 governs the warrant process.
Question 2: What is the proper first step when arriving at a crime scene in Ohio?
- Begin collecting evidence immediately
- Secure the scene and establish a perimeter (Correct answer)
- Interview all witnesses
- Contact the media
Correct answer: Secure the scene and establish a perimeter
Securing the scene and establishing a perimeter prevents contamination of evidence and ensures scene integrity.
OPOTA trains officers that scene security is the critical first step. This involves establishing an inner and outer perimeter. The inner perimeter encompasses the immediate evidence area, while the outer perimeter controls access. A crime scene log must be initiated to document every person who enters.
Question 3: In Ohio, what is the 'chain of custody' and why is it important?
- The order in which suspects are arrested
- The documented trail showing seizure, custody, control, and disposition of evidence (Correct answer)
- The chain of command within a police department
- The sequence of court hearings in a criminal case
Correct answer: The documented trail showing seizure, custody, control, and disposition of evidence
Chain of custody records every person who handled a piece of evidence from collection through court presentation.
Chain of custody documentation tracks evidence from seizure through laboratory analysis, storage, and court presentation. Each transfer must be documented with name, date, time, and reason. Any break in the chain can result in evidence being ruled inadmissible under Ohio Rules of Evidence.
Question 4: Which Ohio Revised Code section defines the crime of tampering with evidence?
- ORC 2921.01
- ORC 2921.12 (Correct answer)
- ORC 2913.42
- ORC 2903.11
Correct answer: ORC 2921.12
ORC 2921.12 defines tampering with evidence as altering, destroying, concealing, or removing any record, document, or thing to impair its availability as evidence.
ORC Section 2921.12 makes it a felony to knowingly alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its value or availability as evidence in a pending or likely official proceeding. This statute applies to both civilians and law enforcement officers.
Question 5: What type of photographic documentation should an Ohio officer create at a crime scene?
- Only close-up photos of evidence
- Overall, mid-range, and close-up photographs with and without evidence markers (Correct answer)
- Only photographs requested by the prosecutor
- A single panoramic photo of the entire scene
Correct answer: Overall, mid-range, and close-up photographs with and without evidence markers
Proper crime scene photography includes overall views, mid-range photos showing evidence in context, and close-ups with and without markers.
OPOTA teaches a systematic three-level approach. Overall photos capture the entire scene. Mid-range photos show individual evidence items in relation to landmarks. Close-up photos document details, taken both with and without scales or markers for reference. A photo log should record each image's details.
Question 6: Under Miranda v. Arizona, when must an Ohio officer provide Miranda warnings during an investigation?
- Immediately upon arriving at any scene
- Before any custodial interrogation (Correct answer)
- Only after formal charges are filed
- Only if the suspect requests an attorney
Correct answer: Before any custodial interrogation
Miranda warnings must be given before any custodial interrogation--when a person is in custody and subject to questioning.
The Miranda requirement applies when two conditions exist simultaneously: the person is in custody (deprived of freedom in a significant way) and is being interrogated (subjected to express questioning or its functional equivalent). Voluntary statements, routine booking questions, and non-custodial interviews generally do not require Miranda warnings.
OPOTA Criminal Investigation Procedures 2
Under Ohio law, what is the legal standard required to obtain a search warrant?