Criminal Investigation
What this domain tests
Scene management, evidence integrity, lawful interviews, and charging the offense that fits the facts. Kentucky-specific statutes appear often because they separate a misdemeanor from a felony.
Core rules
- Scene discipline. Secure, render aid, separate witnesses, start a scene log, and assign canvass and evidence roles. Contamination is the defense's easiest win.
- Chain of custody. Document every transfer: who, what, when, where, and seal condition. Gaps invite exclusion.
- Charging by statute. Theft (KRS 514.030) turns on value; burglary turns on the structure and intent - first degree (KRS 511.020) dwelling with intent to commit a felony or assault, second degree (KRS 511.030) dwelling, third degree (KRS 511.040) a building other than a dwelling. Possession of a controlled substance first offense is a Class A misdemeanor (KRS 218A.1415).
- Statements. Miranda turns on custody plus interrogation; use a written waiver and record when possible.
- Eyewitness identification. Use a double-blind, sequential photo array; reliability is judged under Manson v. Brathwaite.
- Digital evidence. A warrant is needed for phone contents (Riley) and for historical cell-site location data (Carpenter).
- Cannabis. Kentucky's medical cannabis program began January 1, 2025; recreational possession remains unlawful. Know which statutory exemptions apply before you charge.
Worked example
A resident reports a kicked-in door and a missing television in an occupied apartment. That is a dwelling, and the entry supports intent to commit a theft inside - burglary in the second degree. If the same entry hit a detached garage with no dwelling, the charge shifts to burglary in the third degree. The physical difference, not the dollar loss, drives the class.
Traps
- Charging burglary by value of stolen property rather than structure and intent.
- Loose chain-of-custody entries such as officer picked it up.
- Assuming a phone can be searched incident to arrest.
- Overstating eyewitness certainty in the report.