Investigations and Evidence Collection
What the exam tests
Investigations and Evidence Collection tests lawful searches, scene management, interviews, and chain of custody. The ND exam emphasizes warrant requirements, the warrant exceptions, and documented continuity of evidence.
Core rules
- Search warrants: NDCC 29-29-01 requires probable cause supported by oath or affirmation and particularity as to place, items, and time. Use a telephonic warrant when practicable.
- Warrantless searches include consent (voluntary, scope-limited, revocable), search incident to arrest, the automobile exception, plain view, exigency, and inventory. Each has limits; do not stack exceptions without analysis.
- Chain of custody: document who collected, packaged, sealed, transferred, and analyzed each item. Gaps create doubt; sloppy packaging can exclude evidence.
- Crime scene: secure, photograph before moving, sketch, collect in a logical order, and package separately to avoid cross-contamination.
- Interviews: separate witnesses early and record statements when possible. Miranda applies to custodial interrogation; analyze custody and interrogation separately.
- Photo lineups: use a double-blind procedure, a known filler set, and a written admonition that the suspect may not be present.
Worked example
A burglary complaint leads to a suspect's apartment. The officer has a description of a stolen TV and a witness who saw the suspect carry it in. The officer drafts a warrant describing the apartment, the TV, and related clothing. During the search, officers find the TV in the bedroom and a pry bar in a hall closet. The warrant's scope covers the TV and instrumentalities; the pry bar is seized under plain view only if its incriminating character is immediately apparent. Each item is photographed in place, packaged separately, and entered on the property sheet.
Traps
- Consent obtained after the person says no or withdraws consent.
- Searching a phone without a warrant after Riley v. California.
- Chain-of-custody gaps that go unexplained.
- Writing a warrant that is too broad, such as any evidence of a crime.