SPECIAL CRIME INVESTIGATION WITH

LEGAL MEDICINE
CRI 223

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• METALANGUAGE

• Crime - refers to an act or omission forbidden by law and punishable by a fine,

imprisonment, a combination of both, or even death.

• In Bouvier’s Law Dictionary-Reyes RPC define crime as an act committed or omitted in

violation of a public law forbidding or commanding it. is the breach of a rule or law for
which a punishment may ultimately be prescribed by some governing authority or force.

• Police Blotter - police blotter is a logbook that contains a day-to-day records of events or
a daily registry of all crime incidents reports, an official summaries of arrest, booking of
apprehended offenders, and other significant events reported in a police station.

• criminal investigation - is the lawful, objective, logical search for people and things useful
in reconstructing the circumstances surrounding the commission of a crime. A criminal
investigation seeks all facts associated with a crime to determine the truth relating to what
happened and who is responsible.
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• Overview of Ciminal Investigation
• Criminal investigation is a multi-faceted, problem-solving challenge. Arriving
at the scene of a crime, an officer is often required to rapidly make critical
decisions, sometimes involving life and death, based on limited information in a
dynamic environment of active and still evolving events. After a criminal event is
over, the investigator is expected to preserve the crime scene, collect the
evidence, and devise an investigative plan that will lead to the forming of
reasonable grounds to identify and arrest the person or persons responsible for
the crime. To meet these challenges, police investigators, through training and
experience, learn investigative processes to develop investigative plans and
prioritize responses.
• Criminal investigation is not just a set of task skills, it is equally a set of thinking
skills. To become an effective investigator, these skills need to be consciously
understood and developed to the point where they are deliberately engaged to
work through the problem-solving process that is criminal investigation.

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 • The criminal investigation of serious crimes has always drawn a
substantial level of interest, concern, and even apprehensive fascination
from the public, the media, and the justice system. Police actions and
investigations have been chronicled and dissected by commissions of
inquiry and the media.
• Today, criminal investigation is a broad term surrounding a wide range of
specialties that aim to determine how events occurred, and to establish an
evidence-based fact pattern to prove the guilt or innocence of an accused
person in a criminal event. In some cases, where a person is found
committing the criminal act and apprehended at the scene, the criminal
investigation is not a complex undertaking. However, in cases where the
criminal event is discovered after the fact, or when the culprit is not readily
apparent, the process of criminal investigation becomes more complex and
protracted.

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• PROTOCOLS IN INVESTIGATION Protocol : Jurisdictional Investigation by the
Territorial Unit Concerned

• As to mention in the PNP Manual in Criminal Investigation ( 2011), stated that the
Police Station, which has territorial jurisdiction over the area on where the crime incident
was committed and or occurred, shall immediately assume the necessary investigation
and processing of the crime scene, unless otherwise directed by higher authorities for a
certain case to be investigated by another units/agency.

• Police Blotter

• The official or the standard size of Police Blotter is 18” x 12” logbook with hard-
bound cover that contains the daily register of all crime incident reports, official summary
of arrests, and other significant events reported in a police station. As a general rule, all
crime incidents must be recorded in the official police blotter.
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 • A police blotter is a logbook that contains a day-to-day records of events or a daily
registry of all crime incidents reports, an official summaries of arrest, booking of
apprehended offenders, and other significant events reported in a police station. Each
PNP operating units shall maintain an official police blotter where all types of operational
and undercover dispatches shall be recorded containing the five W’s ( who, what where,
when and why ),and one H ( the how) of an information.

• In case of violation involving violence against women and children and those cases
involving a child in conflict with law for the purpose of protection of their privacy pursuant
to Republic Act 9262 Act of 2004 and Republic Act 9344 otherwise known as Juvenile
Justice Welfare Act of 2006, A separate police blotter however, shall be maintain for
crime incidents reports.
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•GENERAL PRINCIPLES OF INVESTIGATION
Investigation – The collection of facts to
accomplish a threefold aim
1. To identify the guilty party
2. To locate the guilty party
3. To provide evidence of his guilt
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• Phases of Investigation

• The main objective of a police investigator is to gather all facts in

order to Identify the criminal through;

• 1. Confession;

2. Eyewitness testimony;

• 3. Circumstantial evidence; and associate evidence

• 4. Trace and locate the criminal and Proved by evidence the

guilt of the suspects

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• THE THREE TOOLS OF CRIMINAL INVESTIGATION

• I.INFORMATION ] The knowledge or facts that the investigator had gathered

or acquired from persons or documents, which are pertinent or relevant
concerning the commission of a crime or criminal activities.

• II.data gathered by an investigator from other persons including the victim

himself and from:

• a.Public records;

• b.Private records; and

• c.Modus operandi file

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INFORMATION CLASSIFIED AS TO SOURCES:

Regular Sources - records requested from government or non – government agencies,

news items. TV broadcast, intercepted radio, and telephone messages, and stored
computer data.

Cultivated Sources - An information’s supplied by informants or informers.

Grapevine Sources - An information given by the members of underworld characters such

as prisoners or ex-convicts.

INTERROGATION/ INTERVIEW - A common process of obtaining an admission or

confession from those suspects who have committed a crime. It is confrontational in nature.
The term interrogation also applies to an uncooperative or reluctant witness. This kind of
witness is treated as a suspect in order that he will disclose the information needed by the
investigator.
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• FIELD INQUIRY - the general questioning of all persons possible to become a witness at the crime
scene conducted by the investigator.

• INSTRUMENTATION - It is the process of applying instruments or tools of police sciences in

criminal investigation and detection. The use of the police laboratory in the examination of physical
evidence, such as Forensic Ballistics and other sciences. This is sometimes called criminalistics.

CUSTODIAL INVESTIGATION

Custodial investigation shall refer to the stage at which the investigation conducted by the
investigator on a case is no longer a general inquiry into an unsolved crime and has begun to focus
on a particular suspect who had been taken into custody by police officers who carry out a process of
interrogation that communicates itself to eliciting and or stimulating incriminating statements. It shall
also refer to instances when the suspect is taken into custody or otherwise deprived of his/her
freedom of action in any significant manner. The custodial investigation shall also include any
questioning or probe involving a person” invited” by a law enforcement officer in connection with an
offense he/she is suspected to have committed( RULE 15 PNP MANUAL ).
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Brief History of Criminal Investigation
The origin of America’s system of criminal investigation can be traced back to
the towns and cities in England throughout the eighteenth and nineteenth
centuries. The ensuing crime wave forced law enforcement officials to take
extreme measures. As a result, thief catchers were recruited from the chaff of
the streets to assist law enforcement officials in tracing criminals.
At the time there were two types of thief catchers were identified: (1)
hirelings, whose motivations were just for the benefit of monetarily
consideration or mercenary in nature; and (2) social climbers, who would
connect their coconspirators to move up the social ladder. In England, the
first police worked only at night and were originally called the Watch of
London. Later on changed into the Old Charleys, who were paid by the
residents they served

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Bow Street Runners
Criminal Investigation in England The Bow Street Runners During the 1750s
• Due to rampant criminality particularly the crime of burglary and robbery in
Bow Street in London, Henry Fielding a Senior Chief Magistrate of Bow Street
Court in London.
• Fielding personally contacted residents, and business owners particularly the
pawn broker to personally coordinate with him, and help him, due to the
eagerness of Henry Fielding to stop or eradicate crime in Bow Street London
most of the victims gave a list and identity of the criminals, Fielding took
seriously with his new responsibility as a crime fighter and create his group as
new crime buster and applied new crime-fighting methods. One such
technique is appointing parish constables adapted to night watchman
duties.

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• These hunters quickly started carrying out criminal investigation tasks and
became well known as successful thief takers by means of their relations
with London’s criminal underworld. And later the group was known as the
Bow Street Runners.
• This become first well-known investigative body in England. The bow
street runner are not paid what they receive is an incentive through
percentage to the all fines resulting from successful prosecution of
thieves.
• The Bow Street Runners were forerunners of a trend in policing for
specialization within the police force. In England, the first police worked
only at night and were originally called as the Watch of London. They
soon developed into the Old Charleys , who were paid by the residents
they served. These parish constables originated in London in 1253 and
lasted until 1829.
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• The London Metropolitan Police
• The London Metropolitan Police The great watershed in British police development
happened in 1829 with the beginning of the London Metropolitan Police Department.
Officers of the department were named bobbies or constables after the department’s
founder, Home Secretary Sir Robert Peel. The “new” police were England’s first
paid, full-time police force, consisting of about 1,000 uniformed officers.
• Indeed, the bobbies or constables ( origin of the British Police ) were compulsory to meet
rigid standards of professionalism. Minimum standards included minimum weight and
height requirements and standards of literacy and character. Skills in crime detection
began to prosper during the nineteenth century with the foundation of a personal
identification system by Alphonse Bertillon, the director of the criminal identification
section of the Paris Police Department.

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Criminal Investigation in America

• Criminal Investigation in America is the American frontline moved westward during the
nineteenth century, criminals modeled serious problems in newly settled areas. Mining
camps and cattle towns seemed to experience more violence compared to other areas.
• Law enforcement agencies and criminal courts, if present at all, made only minor progress
in protecting the huge areas within their jurisdictions.
• Following the lead of London’s police force, the first professional police forces were
established in the United States in Boston in 1837, New York in 1844, and Philadelphia in
1854. By the 1870s, almost all major U.S. cities had municipal police departments

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• As in England, criminal investigation by public law enforcement was
regarded as politically dangerous because it favored only those who could
pay.
• But the rapid growth of cities produced violence, crime, and vice activities
that established a breakdown of social order in small communities.
Growing incidents of crowd violence between Protestants and Catholics,
immigrants and Native Americans, and abolitionists and pro-slavery groups
were probably the most crucial catalysts for expanded police functions.

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• The Pinkerton National Detective Agency
• The Pinkerton National Detective Agency Pinkerton’s National Detective
Agency, founded in 1850 by Scottish immigrant Allan Pinkerton, The
Pinkerton Agency was called on by communities to handle cases that local law
enforcement officers were incapable to investigate due to incompetency or
limited resources.
• Pinkerton offered the field of criminal investigation several innovations in
crime detection one of the best practice applied by Pinkerton is by way of
devising a rogues’ gallery, which was a compilation of descriptions, methods
of operation, hiding places, and names of associates of known criminals. The
Pinkerton National Detective Agency was the first organization of its type in
the United States. In fact, its organizational structure was later adopted by
the Federal Bureau of Investigation (FBI).

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Brief History of The NBI
• Republic Act No. 10867 23 June 2016 An Act Reorganizing and Modernizing the National
Bureau of Investigation (NBI)
• It is the policy of the State to promote and maintain an effective, modern, gender-
responsive, competent and highly trained investigative body, functionally integrated and
national in scope.
• Toward this end, the State shall formulate plans and programs to enhance and modernize
the National Bureau of Investigation (NBI), with expanded structure, capability and
manpower, responsive to the demands of the times.
• Reorganization, Modernization, and Expansion.— The NBI is hereby reorganized and
modernized to adequately meet the increasing demands of an expanded investigative and
detective work.
• It shall implement a modernization program geared towards the acquisition of state-of-the-
art investigative and intelligence equipment and the establishment of forensic and
scientific laboratories. The program shall include provisions for the training of its personnel
in this regard.
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• The present organizational structure of the NBI shall be reorganized into
the Office of the Director, Office of the Deputy Director for Administration,
Office of the Deputy Director for Operations, Offices of the Assistant
Directors for Investigation Service, Intelligence Service, Comptroller Service,
Human Resource and Management Service, Forensic and Scientific
Research Service, Legal Service, and Information and Communications
Technology Service. Each service shall be composed of the necessary
divisions and sections.
• The NBI shall establish a Regional Office in every region to be headed by a
Regional Director and District Offices in every province to be headed by a
Head Agent. Field Offices may also be established and maintained by the
Director as the need arises.

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 The NBI personnel complement shall be increased and their positions upgraded, as
follows:

Old Position From Salary Grade New Position To Salary Grade

Director VI SG 30 Director SG 30

Director V (Assistant Director) SG 29 Deputy Director SG29

Director III (Deputy Director) SG 27 Assistant Director SG 28

Director II (Regional Director) SG 26 Regional Director SG 27

Director I (Assistant Regional Director) SG 25 Assistant Regional Director SG 26

Investigation Agent VI (Head Agent) SG 25 Head Agent SG 25

Investigation Agent V (Supervising SG 24 Supervising Agent SG 24

Agent)

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Investigation Agent IV (Senior Agent) SG 23

Investigation Agent III SG22

Investigation Agent II SG 20

Investigation Agent I SG 18

Special Investigator V SG 24

Special Investigator IV SG 22

Special Investigator III SG 18

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• The FBI was created probably as single most major development in criminal
investigation in the United States was the establishment of the FBI in 1924.
Originating as the Justice Department’s Bureau of Investigation in 1907, the
FBI originally had very few responsibilities.
• When new federal laws governing interstate transportation of stolen
automobiles were passed, however, the bureau extended much disregard.
John Edgar Hoover, the bureau’s newly named director, announced in 1924
that he would strive to eradicate corruption and get the agency out of
politics.
• Today, the FBI is one of many federal investigative agencies that has made
great advances in professionalizing the field of criminal investigation.

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LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL INVESTIGATION

Salient Features of Republic Act 7438

• If an individual faces himself a certain situation that resulting in his arrest, it
is important for persons of authority such as the public officers, to inform
the arrested person about his/her rights.
• Any person subject to arrest must be properly informed of the offense
he/she committed.
• There are some cases when public officers violate the law. For those
persons who do not have any idea about their constitutional rights, an
unlawful arrest may seem normal.

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• The Republic Act No. 7438 or an "Act defining certain rights of person
arrested, detained or under custodial investigation as well as the duties of
the arresting, detaining and investigating officers, and providing penalties for
violation thereof" provides a comprehensive explanation about the rights of
an arrested person and the penalties for public officers who violate the law.
• Under this act any person who is subject for arrest or in under custodial
investigation must be immediately inform to have his legal counsel to assist
him during the conduct of tactical investigation/ interrogation ( Section 2 (a)
).

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• The law clearly mandate to any public officer and or employee or any one acting his order
or his place who legally arrest or detain or investigate any person who is allegedly
committed a crime shall be inform his right by way of using a clear language or dialect
that the person under investigation can easily such as to “remain silent, and to have a
counsel by his own choice, if the arrested person cannot afford one the state will provide
one through the initiative of the police officer who handle the case ( Section 2, (b)).
• The enabling clearly stating that the assigned investigator on case that the investigation
report must be made into writing and it must be sign or thumb mark by the person
arrested or detained who is do not know how to read and write, it shall be read and
carefully explain to a person under investigation by a counsel who assisted to him
provided by the assigned investigator on case in a language or a dialect known the a
person under investigation, otherwise the investigation shall considered as null and void
and no effect ( Section. 2, (c) ).

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• Any extra judicial confession made by a person arrested or under custodial investigation
shall be made in writing and must sign by said person with the presence of a counsel on the
event if counsel is absent a valid waiver and with the presence of a parent, elder brother or
sister, spouse, the municipal mayor, the municipal judge, district school supervisor, or priest
or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding (Section 2 (d) ).
• The law clearly states the any person who are arrested and detain or under custodial
investigation shall be allowed to be visited or talks with his immediate member of the family
which shall include spouse, fiancé or fiancée, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and guardian or ward or any medical doctor,
or priest or religious minister chosen by him or by his counsel and or any national non-
government organization duly accredited by the office on Human Rights ( Section 2, (f) ).

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• As to mention of this Act, "custodial investigation" shall include the practice
of issuing an "invitation" to a person who is investigated in relation with an
offense he/she is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.
• Arresting officer are reminded that once they fail to inform the constitutional
rights of a person under investigation detained or under custodial
investigation shall face and suffer a fine of six (6) thousand pesos or a penalty
of imprisonment of not less than eight (8) years, but not more than ten (10)
years or both and the worse is the assign investigator on case shall also face a
penalty of perpetual absolute disqualification shall also be impose who has
been previously convicted of a similar offense ( section 4).

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• RA 7438 – RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION
(Violations under RA 7438 ):
• a. Any arresting public officer or employee or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation
of his rights to remain and to have competent and independent counsel
preferably of his own choice; and
• b. Any person who obstructs, prevents or prohibits any lawyer, any member
of the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister or by his
counsel, from visiting and conferring privately chosen by him or by any
member of his immediate family with him, or from examining and treating
him or from ministering to his spiritual needs

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• Salient features of Miranda vs. Arizona Known also as Miranda Warning
• In a case of Miranda vs. Arizona (1966), the Supreme Court ruled that
detained criminal suspects, prior to police questioning, must be informed of
their constitutional right to an attorney and against self-incrimination.
• In the landmark supreme court case Miranda v. Arizona (1966), the Court
held that if police do not inform right of a person they arrest about certain
constitutional rights, including their Fifth Amendment right against self-
incrimination, then the confessions made may not be used as evidence in
court.

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• The Supreme Court ruled that detained criminal suspects, prior to police
questioning, must be informed of their constitutional right to an attorney and
against self-incrimination.
• The Supreme Court overturned Ernesto Miranda's conviction for kidnapping
and rape because he had not been informed of his legal rights prior to
confessing.
• For example, Miranda did not know that he could ask for an attorney or
remain silent during questioning, the said rights are also called
the Miranda warning and they stem from a 1966 Supreme Court
case: Miranda v. Arizona. During a two-hour interrogation, Miranda confessed
to the crimes. Lawyers would contend that Miranda had not been clearly
informed of his rights to have a lawyer and against self-incrimination

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• Thus, to protect these rights in the face of widespread ignorance of the law,
the Court devised statements that the police are required to tell a defendant
who is being detained and interrogated. These mandatory "Miranda Rights"
begin with "the right to remain silent," and continue with the statement that
"anything said can and will be used against [the defendant] in a court of
law." The police are further compelled to inform the suspect of his or her
right to an attorney and allow for (or, if necessary, provide for) a defendant's
attorney who can accompany him during interrogations. Because none of
these rights was afforded to Ernesto Miranda and his "confession" was thus
unconstitutionally admitted at trial, his conviction was reversed. Miranda
was later retried and convicted without the admission of his confession.

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Duties of the Police during Custodial Investigation
• The arresting officer or the police investigator should strictly emphasize the
“Miranda Doctrine” while conducting a question and answer in the
investigation process.
• a. The arresting officer, or the investigator on case ( IOC ) as the case maybe
shall ensure that a person arrested, detained or under custodial investigation
shall, at all times be assisted his/her legal counsel preferably of his/her own
choice;
• b. The arresting officer, or the investigator on case ( IOC ) as the case maybe,
must inform the person arrested, detained or under custodial
investigation of the following rights under a “Miranda Doctrine” in a language
or dialect known to and understood by him

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• Salient features Case of Danny Escobedo vs. Illinois
• Mr. Escobedo was arrested, and he was undergone custodial investigation for
an alleged crime committed while he was in custody or detained, he was not
given a chance to be informed of his right to remain silent and Escobedo
was right to consulted by his counsel by choice and also deprived nor to be
assisted by a counsel during the custodial investigation.
• Escobedo’s statements were later used against him and found guilty and
convicted
• Escobedo made statements that were later used against him, resulting in him
being found guilty. However the conviction was upheld by
the Illinois Supreme Court, the United States Supreme Court overturned the
conviction in part because the rights of Escobedo were violated by the
police at the time.

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• The Escobedo Rule "Escobedo Rule" embraces that individuals have the
right to have an attorney when an investigation goes beyond a general
inquiry and focuses on a particular suspect. This principle states that a
statement by a targeted suspect who is in police custody is not admissible
at trial.

Rule of Law or Legal Principle Applied:

Once a suspect has been taken into police custody for purposes of
questioning if the suspect asks for and is denied an attorney, and the police
have not provided the suspect with the proper Miranda warning, confessions
procured from the interrogation, made after the denial are inadmissible

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• On the day of 30 January Escobido was re-arrested by the police and
interrogated for the second time and he informed about the statement of the
other suspect who is under the custody of the police, the police and the
prosecutor informed him although he is not yet formally charge he was
detained and he was hand cuffed and he was interrogated for more than
fourteen hours and his request to talk his counsel was denied, the lawyer of
Escobido went to police station and request to talk his client (Escobido) but
the request of the counsel of Escobido was also denied
• Escobedo was never informed of his right to remain silent and was later convicted of
murder at trial. Escobedo appealed his conviction. The Court held that once the
process “shifts from investigatory to accusatory when its focus is on the accused and its
purpose is to elicit a confession the adversary system begins to operate, and the accused
must be permitted to consult with his lawyer

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• What is Arrest?
• Is the taking of a person into custody
Purpose:
• In order that he may be bound to answer for the commission of an offense.
Procedure:
1)How arrest is made:
a) by an actual restraint of a person to be arrested, or
b) by his submission to the custody of the person making the arrest.

Rules in making arrests:

• a)Violence or unnecessary force shall NOT be used in making an arrest.
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• Duty of arresting officer [Sec. 3]
• 1)Arrest the accused, and
• 2)Deliver the accused to the nearest police station or jail without
unnecessary delay.
• Procedure in execution of arrest warrants (Sec. 4).
• 1.When should a warrant be executed?
• Within 10 days from its receipt.
• 2.Who shall cause the execution of the warrant?
• The head of the office to whom the warrant of arrest was delivered
• 3.Duty of the officer assigned to execute the warrant

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• Within 10 days after the expiration of the period, the officer to whom it
was assigned for execution shall make a report to the judge who issued
the warrant
• If warrant was executed:
• The officer executing the warrant should arrest the accused and deliver
him to the nearest police station or jail without unnecessary delay
• No violence or unnecessary force shall be used in making an arrest.
• The person arrested shall not be subject to a greater restraint than is
necessary for his detention.
• Arrest may be made on any day and at any time of the day or night.

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• b)In case of his failure to execute the warrant, he shall, in his report, state the
reasons there for.
• if the arrest warrant is not served within ten (10) days, must the court issue an
alias warrant in order to justify the arrest of an accused?
• No, alias warrant of arrest is needed to make the arrest. Unless specifically
provided in the warrant, the same remains enforceable until it is executed,
recalled or quashed. The 10-day period provided in Rule 113, sec 4 is only a
directive to the officer executing the warrant
• remains valid until arrest is effected (so it has no prescription) or the warrant is
lifted

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• Salient features of Case of Frye vs. U.S.
• In 1923, in Frye v. United States, the District of Columbia Court excluded the
scientific validity of the lie detector (polygraph) because the technology did not
have substantial general acceptance at that time. The court gave a guideline for
determining the admissibility of scientific examinations. Just when a scientific
principle or encounter crosses the line between the experimental and
noticeable stages is difficult to define.
• While the courts will go a long way in admitting experimental testimony
assumed from a well-recognized scientific principle or discovery, the thing from
which the assumption is made must be sufficiently established to have gained
general acceptance in the particular field in which it belongs.

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• Essentially, to apply the “Frye Standard” a court had to decide if the
procedure, technique or principles in question were generally accepted by a
meaningful amount of the relevant scientific community. This standard
prevailed in the federal courts and some states for many years.
• Mr. Frye was charged with and put on trial for murder. At his trial, Mr. Frye
attempted to call an expert witness to testify that Appellant had taken a
systolic blood pressure deception test, and to further testify as to the results
of the test. But the testimony of the expert declared as inadmissible by the
lower court and Mr Frye was convicted for a second degree of murder. After
the lower court disallowed Appellant from introducing testimonial evidence
relating to the results of a deception test Appellant had taken following the
crime. Appellant appeals his conviction

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• The discussion made by the court that although the deception test at issue
here has a scientific basis, just when a scientific principle or discovery crosses
the line between the experimental and demonstrable stages is difficult to
define and the thing from which the deduction is made must be sufficiently
established to have gained general acceptance in the particular field in which
it belongs to be admissible.
• In other words, the court believed that without an established place in
science, the test was still in the unclear jurisdiction between experimental
science and demonstrated science, and therefore inadmissible.
• Rule of Law. When a test (such as a systolic blood pressure deception test) has not
gained scientific recognition from psychological and physiological authorities, expert
testimony regarding the results of such a test is inadmissible.

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• Salient features of Case of Daubert
• The Frye rule was reviewed by the U.S. Supreme Court in the Daubert case. In Daubert v.
Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). This case was brought by two children born
with birth defects that they claimed were caused by an anti- nausea drug. The Daubert
standard provides a rule of evidence regarding the admissibility of expert witness
testimony during a United States federal legal proceeding and the rule of evidence, also
known as the law of evidence, covers the principles that govern the proof of facts in a
case.
• Daubert contest is a hearing conducted before the judge where the validity and
admissibility of expert testimony is challenged by opposing counsel. The expert is
obligatory to establish that his/her procedure and reasoning are scientifically valid and
can be applied to the facts of the case. This case brought by two children born with birth
defects that they claimed were caused by an anti- nausea drug, Bendectin. The case turned
on whether Bendectin, an anti-nausea drug for pregnant women, caused non-specific birth
defects.

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• The Daubert standard provides a rule of evidence regarding the admissibility of expert
witnesses' testimony in federal court.
• The Daubert is a guideline for expert admissibility for federal cases, but many states also
adopted the Daubert. In United States federal law, the Daubert standard is a rule of
evidence regarding the admissibility of expert witness testimony. A party may raise a
Daubert motion, a special motion before or during the trial, to exclude the presentation of
unqualified evidence to the jury
• As Daubert applies to all federal courts, the differences between the two standards are
more appropriately seen in the state court context. A number of states continue to use
the Frye general acceptance test, while the states that have
adopted Daubert (approximately 27) have not all uniformly applied the standard.
Daubert in Criminal Proceedings: The Likelihood of Admissibility.

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• Salient Fetures of Case of Terry vs.Ohio 1968 Known as Terry’s Doctrine
• A Terry doctrine is a justifiable protective search for weapons, even in the absence of
probable cause to arrest, where there is a suspicion that an individual is armed and
dangerous.
• Terry’s case compose of the following situation:
• The Terry stop and Frisk - A terry stop is another name for stop and frisk; the name
was generated from the U.S Supreme Court case Terry v. Ohio. In the United States the
police is allowed to temporarily detained a person base on a reasonable suspicion of
involvement in criminal activity, which is needed for arrest. When police stop and search a
pedestrian, this is commonly known as a stop and frisk. When a police officer has a
sensible suspicion that an individual is armed, engaged, or about to be engaged, in
criminal conduct, the police officer may temporarily stop and detain an individual for a
pat-down search of outer clothing

UM CCJE
• Generally, a police detainment that does not result in an arrest takes
approximately from around fifteen to twenty minutes before the person
being detained is allowed to leave. A police officer can order a person or
suspect to stop and make some interview that person for a reasonable
period of time. And, even though that's not a formal arrest, the suspect's not
free to leave during that Terry Stop.
• Typically, a search and/or a seizure is normally unlawful if it is done without the validity of
a warrant or if an exception to the warrant requirement does not apply. Nevertheless, the
Terry Doctrine permits an investigatory seizure if police have a “reasonable suspicion”
that the person has committed or is committing a crime. This is also known as a “Terry
stop.” Furthermore, an officer may frisk the outer clothing if reasonable suspicion exists to
believe that the individual is armed and dangerous (also known as a “Terry frisk”).
• The scope and duration of a Terry stop and frisk based on reasonable suspicion is limited.

UM CCJE