January 24th, 2012
by Megan Grimes
The 4th amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This text explains briefly about the necessary probable cause to obtain a warrant to validate the search. The Supreme Court has since debated on specific issues that may arise and ruled accordingly. The rulings are then used to debate future issues that may seem grey. In this case, a GPS tracking device was placed on a car in order to obtain information leading to a conviction.
A GPS tracking device can be used to monitor a person’s movements 24 hours a day, for extended periods of time. This information can be useful for convictions. The question is does this violate someone’s constitutional rights? The Supreme Court released their ruling yesterday to answer this question. Upon a unanimous decision, the court ruled that placing a GPS tracking device onto a car requires a warrant. Although all votes were unanimous, they were split upon their reasoning behind the choice.
This new ruling has reversed the cocaine-trafficking conviction of a nightclub owner in Washington, DC. Police attached a GPS tracking device to the car of Antoine Jones, back in 2005, while it was parked in a public parking lot. On the conspiracy to distribute cocaine, documentation of the traveling was used against him to win the conviction.
Justice Antonin Scalia stated that this is a physical intrusion by the government “for the purpose of obtaining information constitutes a search” explains his opinion on the ruling. Chief Justice Roberts and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor also agree with this view of the ruling. On the other hand, the four other Justices, believe that the expectation of privacy was violated by the placing of a GPS tracking device. In each opinion, the outcome is the same, but the reasoning behind their choices are different.
This will change the use of GPS tracking devices for future cases. In order for the police to attach a GPS tracking device, they will be required to obtain a warrant. This will require probable cause, which is a reasonable belief by a third party person that a crime could be committed. A warrant is obtained by providing probable cause to a judge and getting them to sign off on the search you want to perform.
A search is a very grey area to discuss. There are two important factors pertaining to a search. First is an expectation of privacy. Do you expect privacy in your own vehicle? Of course you do. The second is that society is willing to protect that privacy. Do you expect privacy on public transportation? Well if society isn’t willing to protect that privacy then you don’t have a search. For example, if you are in your own vehicle you expect privacy and society is willing to protect that privacy, therefore a warrant is required to search your vehicle. However, if you are a passenger in someone else’s car, you might expect privacy but society isn’t willing to protect that privacy. Therefore, it is not considered a search and no warrant is required. This leads back to the discussion of the two viewpoints on the GPS decision. All nine justices agree that the placing of a tracking device is considered a search and will require a warrant. The only difference is the basis of the choice. Five justices agree that it’s an intrusion by the government to obtain such information, and is considered a search for that purpose. However, the other four justices agree that it’s actually a violation of your expectation to privacy by placing the tracking device and is also then considered a search.
Either way, a search warrant will now be required place a tracking device onto a vehicle. Once more instances of GPS tracking rise to the Supreme Court, exceptions will arise just as with other vehicle searches. But for now, the current ruling will stand.
Tags: Law
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January 23rd, 2012
By: Theo Kouts
Colton Harris-Moore captured the attention of the public eye when he began his spree of burglaries and police chases in 2008. Branded as the “Barefoot Bandit” Harris-Moore was known for leaving behind his calling card of bare-footprints at his victims’ establishments. Growing up in an abusive household, he started his unlawful career in his youth, stealing food for survival. Immortalized in news stories Colton Harris-Moore was portrayed as a skilled, brilliant, evasive burglar able to outsmart the police at most every turn. Stealing and crash landing five planes, stealing numerous cars, and sleeping in airplane hangers and portable toilets Colton Harris-Moore was able to avoid capture for nearly two years. However, Harris-Moore was apprehended in July 2010 in the Bahamas after a highly publicized plane crash and boat chase which ended his elusive run as the “Barefoot Bandit.” He was recently sentenced to more than 7 years in prison for a list of charges that included boat, car, plane and firearm theft. Fox reportedly purchased the rights to his story for a future motion picture production at an estimated $1.3 million, which Harris-Moore submitted in a federal hearing to pay off some of the damage he inflicted in his two-year crime spree. The story of Colton Harris-Moore seems eerily familiar with many parallels to the story of Frank W. Abagnale and his notorious criminal activity in the 1960’s.
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January 20th, 2012
by Jada Wittow
This Sunday, just before midnight, a man named Emmanuel Dugger was on his way home in Northeast Washington, DC when he saw something wrapped in a brown-and-red-striped towel on his neighbor’s stoop. Dugger said that since it was not moving, he thought it may have been a doll. He was unsure, so he went inside his house and got his fathers’ help. The two men discovered that wrapped in the towel was a small baby girl, apparently less than a week old. She was naked, unconscious, and bleeding from both the nose and the mouth. The house where the infant was dropped off belonged to a schoolteacher who had children of his own.
The Dugger’s took the small baby inside their home and tried to warm her up as they called 911. DC Fire and Emergency Medical services personnel as well as police arrived soon. They took the baby to Children’s National Medical Center. At 2:21 a.m. on Monday, the unidentified infant was pronounced dead.
On Monday the DC Police reported that they are investigating the circumstances of the death of the baby and await autopsy results for further information. A homicide supervisor with the metro police said they would like to speak to the parents of the child.
Police also said that because of the safe haven law enacted by the district in 2009, the mother could have dropped the infant off within the first seven days if she realized she couldn’t care for the infant. The safe haven law allows parents of unwanted babies who are less than one week old to be dropped off at police stations, fire stations, or hospitals. Unless the child has been abused, the parents do not risk prosecution by dropping their baby off. For more information on safe haven laws, go here.
For more information about the DC case, go here.
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January 17th, 2012
by Megan Grimes
On January 17th, 1950, in Boston, Massachusetts, 11 men stole more than $2 million dollars from a Brinks Armored Car depot. The men believed to have committed the perfect crime and were not caught until January 1956, just days before the statue of limitations for the theft would have expired. The men planned for 18 months to determine when the most money could be stolen from the car. Anthony “Fats” Pino was given the title of the robbery’s mastermind. He was able to steal the plans to the depot’s alarm system and return them before anyone noticed. Dressed similarly to the Brinks employees, the men entered the depot with copies of the keys and tied up many of the surprised employees. 14 canvas bags were filled with more than $2.7 million dollars, which was the largest robbery in history up until that time. Since barely any clues were discovered at the scene and no one was hurt during the time of the robbery, the men created the perfect getaway. They promised to stay out of trouble and not touch the money for 6 years in order to have the statue of limitations run out. However, one man changed their fate. Joseph “Specs” O’Keefe was sentenced to prison for another burglary. While in prison, he threatened to expose his accomplices if they didn’t provide him with his share of the money. To silence O’Keefe, the group sent a hit man to kill him in prison. However, the hit man was caught before he was able to complete the task and a wounded O’Keefe then made a deal with the FBI to testify against the other robbers. 8 of the 11 men were caught, convicted and given life sentences; however, two died before they could go to trial. Only a small portion of the money was recovered, and it is believed to be hidden in the hills north of Grand Rapids, Minnesota.
For more on the story, go here.
Posted in A Notorious History of Crime, Guest Bloggers | No Comments »
January 12th, 2012
On July 26, 2009, a minivan going the wrong way on Taconic State Parkway collided head-on with a Chevrolet TrailBlazer, killing eight people. It was a Sunday afternoon, and the driver of the minivan was Diane Schuler, a successful mother with her children and nieces in the car, so at first, confusion and sympathy characterized the public’s view of the tragic incident. It wasn’t until the toxicology results from Schuler’s autopsy came through that the truth became known.
Diane Schuler was both drunk and high. Her blood alcohol content—the amount of alcohol in her bloodstream, and therefore affecting her at the time of the collision—was found to be .19 percent, equal to about ten shots of hard liquor, and still more alcohol was found in her stomach, not yet digested. Enough THC—a chemical found in marijuana—was also found to suggest she used the drug less than an hour before her death. Further inspection of the wreckage of the minivan also revealed a broken vodka bottle.
The dangers of alcohol use when combined with driving are obviously well-known, and have been very thoroughly researched. Studies have been conducted to find toxicological methods of determining whether someone was impaired by alcohol while driving. This means we know that a certain amount of alcohol in the system—particularly the blood—impairs a person’s ability to drive safely. The effect on driving ability of other drugs, including marijuana, is less well known and less thoroughly studied. Whether someone was impaired by drugs before death often requires more than just a report showing its presence in the body, or even how much was present. Thus the presence of marijuana in Diane Schuler’s system says more about her lifestyle than her state during the crash, while the amount of alcohol most easily explains why she drove for over a mile the wrong way on a highway.
Friends and family were shocked at the findings, saying they had no idea she had a drinking problem. She appeared to be a devoted mother, which only highlights the tragedy that her 2-year-old daughter was killed in the crash. Mothers everywhere questioned the state of mind of a woman who would get behind the wheel so heavily intoxicated when children were in the back seat.
A documentary about Diane Schuler was made last year, including interviews with those close to her and a forensic psychologist, exploring the outwardly successful life that came to such a tragic end.
For more on the story, go here or here. For more on toxicology, check out the Museum’s Crime Library.
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January 11th, 2012
The man played by Rob Lowe in Lifetime’s upcoming movie Drew Peterson: Untouchable is still awaiting trial for the murder of his third wife, Kathleen Savio. He also denies any connection to his fourth wife’s disappearance several years ago.
Drew Peterson was a police sergeant in Illinois for 30 years, but is now suspected of killing two of his wives. His first two marriages ended in mere divorce, although suggestions have been made of abuse in at least one of those relationships, but his third marriage ended in both divorce and death, when Savio was found dead in a bathtub. At the time Stacy Peterson—Drew’s soon-to-be fourth wife—alibi’d him and Savio’s death was ruled an accident. It was his marriage to Stacy that eventually landed him under suspicion, when her disappearance in 2007 prompted a reexamination of Savio’s death. Exhumation and autopsy of her body revealed a homicidal manner of death that was staged to look like an accident.
In 2009 Peterson was indicted for first degree murder for deliberately drowning Kathleen Savio. After his arrest his bail was set at $20 million, a sum he was unable to cover, and he remains in jail.
Peterson objects to the Lifetime movie, and has attempted to stop it from being released. He maintains his innocence in Kathleen’s death and Stacy’s disappearance, going so far as to demand an apology from the police for declaring Stacy missing and presumed dead. His trial has been delayed due to hearings regarding evidence admissibility, particularly hearsay evidence in Stacy’s disappearance.
For more on the story, go here.
Posted in Murder, Trials | 1 Comment »
January 10th, 2012
by Ashling Gabig, Guest Blogger
When I began my forensic science training and education many years ago, one topic was voiced again and again: Britain’s Forensic Science Services was to be admired, modeled, and respected. The agency’s quality of work was something to strive for as the FSS has led the world in crime scene management and techniques for thirty years. For example, led by Sir Alec Jeffreys, the FSS pioneered DNA profiling. I’ve often dreamed of what it would be like to work for them. Unfortunately, that dream has recently been dashed for many people around the world. In December of 2010, the British government decided to disband the service, opting to contract out to private labs. They claimed that the upkeep for this public sector service was creating a monthly loss of £2 million, and that private labs were more cost effective and time efficient. Three of the initial seven labs that once served England and Wales have already been closed since 2009, with a loss of about 750 forensic personnel.
What started the public versus private sector forensic laboratories debate was a document called the McFarland Review. This 2002 formal review of the FSS was used to analyze the following points: The role that the FSS plays in the criminal justice system, the need to deliver high quality and cost-effective forensic science services, and the future organizational status of the FSS. The Review formally suggested to the British government that the FSS should be turned into a government-run private sector business with the ultimate goal of contracting out to private businesses altogether.
Those of us with any involvement in police services and forensic science understand the gravity of evidentiary support in criminal cases. Many agencies throughout the United States have had to deal with massive backlogs due to lack of funds and personnel. Slowly, many agencies are clearing their way through the evidence, often with a joint effort between public and private forensic labs. Now imagine this same scenario for the FSS. Former FSS scientist Peter Gill said the following about the situation in Britain: “I have moved to Oslo, Norway where I am a professor of forensic genetics. I moved because the position in the UK is so dire. I worked there until three years ago. I left because I could not see a future. As far as I am concerned there is not much to save. It is five years too late. A lot of good scientists have already left because they see absolutely no future in the UK.”
Meanwhile, the other side of the debate says that the closure of the FSS is necessary. The claim is that the FSS does have its own faults that cannot be overlooked. Aside from the cost and upkeep of labs and personnel, the agency does not necessarily offer everything the criminal justice system needs. For example, some say that the FSS is not growing along with the changing times. It is said that they have failed mainly in the areas of digital forensics, which is a rapidly developing field.
Unless the situation changes, the full closure of Britain’s FSS is expected to be complete by March of 2012. Roughly 1,600 forensic personnel will either be unemployed, or their talents lost to another agency.
For more on this issue, go here or here.
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January 7th, 2012
On January 7th, 1946, six year old Suzanne Degnan was kidnapped from her Chicago home and found dead, leading to a frantic investigation culminating in the arrest and conviction of William Heirens, believed to be the nation’s longest serving prisoner. He was also convicted of two other murders and became known as the Lipstick Killer.
In many minds, however, the question remains: was Heirens truly guilty? He was convicted, he even confessed, but accusations of coercion and faulty evidence muddy the waters. The forensic evidence included a bloody fingerprint at the home of another murder, believed to be a burglary gone wrong, and handwriting analyses of a message written in lipstick and a ransom note found at the Degnan home. For both types of evidence, however, different experts–and even different statements by each expert–seemed to disagree about whether they led to Heirens.
The courts and the newspapers of the time all found Heirens guilty without question. The media at the time condemned him from the beginning, and investigators seemed determined to prove them right, apparently drugging teenaged Heirens with sodium pentathol without his consent. Whether he actually confessed during his drugged interrogation is still in question, as the transcript cannot be found.
Heirens was a student at University of Chicago with a record of burglary–one of the few aspects of the case not in question is his history of sneaking into homes and stealing money and personal items. His arrest occurred during one such outing.
Looking into the case now is difficult at best–the reliability of newspaper accounts at the time is extremely questionable, and accounts of the investigation itself appear to be inconsistent. Recent accounts of the case tend to come from authors who feel strongly about the case, leading to conflicting accounts convinced of either his guilt or innocence. Heirens himself still claims innocence, saying he confessed out of fear of capital punishment, and hopes to one day go free.
For a more detailed account of the case and the evidence, go here.
Posted in A Notorious History of Crime, Murder | No Comments »
January 3rd, 2012
The weekend of New Year’s Eve no doubt sees its share of accidental fires, between the chaos of celebration and the customary fireworks, but this year’s holiday weekend had more than its share of deliberately set fires, thanks to a spree arsonist in Southern California.
Since Friday morning 52 fires have been linked, mostly set in vehicles. Many of them spread to homes, endangering countless lives and causing millions in property damage. No more fires fitting the profile have been set since Monday, however, when Harry Burkhart, a man police hope was acting alone, was detained.
The investigation is still underway, so Burkhart has not yet been charged with the majority of the fires, but he and his van are both consistent with witness descriptions connecting them to the fires. For more on the story, go here.
Posted in Senseless Crimes | No Comments »
December 28th, 2011
by Ashling Gabig
On May 1st, 2010, twenty four year old prostitute Shannan Gilbert went missing after a meeting with one of her clients. On December 13th, 2011, her skeletal remains were finally discovered by police in Long Island, New York. Shannan’s disappearance started a massive search that resulted in the discovery of ten other homicide victims found in Oak Beach. Only five of the ten victims have been officially identified. Of the ten victims, eight were women, one was a man, and one was only a toddler. It is believed that the adult victims were prostitutes, and the toddler was proven through DNA to be the child of one of those female victims. The male victim was found wearing female clothing, so it is believed that he was also involved in the sex industry. Deemed the largest homicide investigation in Long Island, New York’s history, the murders span fifteen years and several miles of Oak Beach. Local authorities believe that these murders were at the hands of a lone serial killer.
While Shannan Gilbert’s death has not been proven to be at the hands of the killer, it is believed that she died while getting stuck in the thick marsh along the beach. She was apparently running away from someone shortly after a sexual encounter, possibly the serial killer. The other female victims found were also in their twenties, and appeared to be strangled and dismembered, with their bodies and body parts wrapped in burlap sacks. Initially it was believed that two killers were involved, along with theories that the killer had law enforcement knowledge. Rumors surfaced that two NYPD officers were being considered as suspects, but this information is being denied by NYPD officials.
The family of one victim, named Melissa Barthelemy, received frightening phone calls from a man using Melissa’s cell phone shortly after she went missing. In what totaled seven phone calls altogether, the man would speak to Melissa’s sister Amanda, describing what he did to Melissa, and what he was going to do to Amanda next. Melissa was found a year and a half later after the last phone call. These taunting and evil phone calls have led Jim Clemente, a former FBI criminal profiler, to believe that the murderer takes pleasure in hurting his victims. Clemente states “That gives me an idea that he is a sadist. That would be reflected in his relationships and jobs. He is the one who laughs when a cat gets run over or a kid falls off his bike. He likes the suffering of others, and he really likes it when he can cause it or witness it.”
A profile of the serial killer has been developed by the police agencies, and it is quoted by the New York Times as the following: “He is most likely a white male in his mid-20s to mid-40s. He is married or has a girlfriend. He is well educated and well spoken. He is financially secure, has a job and owns an expensive car or truck. He may have sought treatment at a hospital for poison ivy infection. As part of his job or interests, he has access to, or a stockpile of, burlap sacks.” There is a $25,000 reward for any information leading to the arrest of the Long Island serial killer, the largest in the history of the Suffolk County authorities.
For more on this story, go here.
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