IHIA Investigative Quarterly - March 2023

Page 9

INVESTIGATIVE QUARTERLY

A Publication by the International Homicide Investigators Association (IHIA)

www.IHIA.org

PRESIDENT’S MESSAGE

Dear Colleagues, Members and Sponsors,

I hope this newsletter reaches everyone happy and healthy beginning to the 2023. I am writing this newsletter on the heels of our first and, hopefully, annual DNA summit and first Child Death Investigations course. As with any new endeavor we pour our efforts into the planning, execution, finding knowledgeable speakers, and a little faith to deliver the best training possible.

The DNA summit had over 300 attendees in San Diego with over 30 different states and 4 countries represented. The Child Death Investigation course in Largo, Florida had over 110 attendees, with representation from throughout the US and 2 countries. It would not have been possible without the generosity of our speakers who gave their time and energy. We also thank our industry sponsors Verogen, DNA Labs International, M-Vac Systems, University of New Haven, Innovative Forensics and Case Cracker, for their latest support on these two training events.

Planning for the 2023 Symposium continues, as the agenda shapes up and speakers are confirmed, we will update our website and provide updates as they happen. Please continue to check www.ihia.org for the latest information.

On behalf of the Association Board, I want to thank you for your membership and course attendance. We will continue to strive to provide resources, guidance, and support to each of you and our profession.

EDITION: MARCH 2023

WHAT’S INSIDE THE IQ:

• Letter from President Paul Belli

• From the desk of The IHIA Association Manager Steve Lewis

• Awards & Academic Scholarship Submissions

• 2023 Symposium

• IHIA Member Spotlight: Jim Marable

• Article: Following the Rules of Miranda

• Article: Setting Clear Communications

• Article: Importance Of Collecting DNA

• Article: Detaining Witnesses

• Upcoming Training & Marketing Opportunities

The IHIA is the world’s largest and fastest growing organization of homicide and death investigation professionals. The non-profit organization represents the largest network of homicide professionals and practitioners ever assembled. The IHIA has representatives in every U.S. state and nations on six continents. For membership information, visit: www.ihia.org/Membership

MARCH 2023 | PAGE 1
Lieutenant Paul Belli (Retired) Sacramento County Sheriff’s Office

FROM THE DESK OF THE IHIA ASSOCIATION MANAGER STEVE LEWIS

The mission of the International Homicide Investigators Association is to provide its members with support in homicide and death investigations through the provision of leadership, training, networking, resources, and expertise necessary to solve cases. As you will read below, the IHIA is fulfilling its mission.

The year 2022 was a great year for the IHIA. We facilitated more training courses than ever before. We brought our training courses to 12 different cities across the United States and Colombia. Overall, we facilitated training for almost 1500 law enforcement professionals. And during our annual training symposium, 400 people descended upon New Orleans, where they learned some exciting investigative techniques and enjoyed what New Orleans has to offer.

Also, in 2022, the IHIA was able to increase our membership by 40%. This is great news for the membership, as there are more contacts in the database to search when you need assistance in other jurisdictions.

Internationally, our membership continues to grow, especially in South America, where nearly 75 of our counterparts in Colombia attended one of our training courses. Additionally, 20 of our friends from El Salvador attend our annual training symposium.

So, what does the IHIA have to offer in 2023:

• The first iteration of the Child & Infant Death Investigation course held the week of February 27-March 3, 2023, in Largo, Florida. 110 law enforcement personnel from 15 U.S. States and 2 countries. The second course is scheduled for New Orleans in September 2023.

• The 29th Annual Training Symposium in Oklahoma City, Oklahoma (August 6-11, 2023). The first time our symposium has been held in the Sooner state.

• Training courses being planned in Arizona, Delaware, California, Ohio, Tennessee, Louisiana, Kentucky, Texas, Colombia, Canada, and Panama.

• “New” Webinars and Podcasts specifically for our membership.

• Newly designed website for better communication with our members.

• And don’t forget the IHIA Swag. Our online store is constantly updating its inventory.

Stay Safe!

MARCH 2023 | PAGE 2

AWARDS SUBMISSION

Each year, the IHIA recognizes law enforcement professionals who have displayed exceptional innovation and perseverance in conducting homicide investigations, evidence collection, evidence examination, advances in forensic science and technology, and successful homicide case prosecutions. Career achievements are also considered for recognition. Nominees for awards can be submitted to the IHIA’s Executive Board. Those selected for the IHIA Award for Excellence are honored at the annual training symposiums. Award nominees need not be IHIA members.

Awards to be presented at the IHIA Awards Recognition Ceremony on Thursday, August 10, 2023, at the Sheraton Oklahoma City Downtown.

Submissions are accepted through May 15, 2023; selections will be announced shortly thereafter.

Categories are for Investigative Excellence in:

Homicide Investigation(s)

Forensic Science and Technology

Prosecution of Homicide Cases

Award of Excellence

Career Achievements

To submit, go here: https://ihia.org/IHIA-Awards

MARCH 2023 | PAGE 3

IHIA ACADEMIC SCHOLARSHIP

The Mission of the International Homicide Investigators Association (IHIA) Scholarship is to provide financial assistance to the immediate family of active IHIA members who are seeking post-secondary education. The IHIA seeks to support its members with this opportunity due to the considerable expenses related to post-secondary education. The IHIA seeks qualified applicants who will best represent the professionalism and commitment to service in accordance with tenants established by the IHIA.

Only active members of the IHIA can submit an application for scholarship and you must be logged into the website under your profile to access it.

The completed application must be submitted by July 1, 2023.

Guidelines for Scholarships

Sample Application is Here Application is Here

MARCH 2023 | PAGE 4
MARCH 2023 | PAGE 5 IHIA IHIA 29th ANNUAL INTERNATIONAL SYMPOSIUM August 6 - 11, 2023 OKLAHOMA CITY Member Early Bird Before 4/30/2023 $515 Member $545 Non-Member $595 REGISTER HERE BOOK HOTEL

SPOTLIGHT: SERGEANT JIM MARABLE

In this issue of the Investigative Quarterly, the IHIA proudly spotlights Sergeant Jim Marable of the Columbus Police Department in Columbus, Ohio. Jim is a great supporter of the IHIA and here is a little bit about him:

I had originally planned on a military career and had never even considered law enforcement. ROTC seemed to be a great way to pay for college, while pursuing a military career, so I enlisted in the Air Force to qualify for an ROTC scholarship. Then while attending The Ohio State University, I found myself watching the Berlin Wall fall with my ROTC classmates. Within a surprisingly short time, the military ceased to appear as a promising career field. Suddenly, I found myself in search of a new career and a way to pay for college. I happened to know a few Columbus Police officers and they encouraged me to apply. After a few ride-alongs, which I thoroughly enjoyed, and learning the City of Columbus has a tuition reimbursement program, I was sold and joined the Columbus Division of Police in September of 1991.

As an officer, I mainly worked third shift as a Patrol officer and an Auto Theft detective. Third shift was appealing because it allowed me to finish my bachelor’s degree and complete an MBA. Homicide has always interested me and shortly before being promoted to Sergeant, a Homicide assignment finally made it down to me. With my promotion anticipated in less than six months, the third shift Homicide Sergeant, Dana Norman, for whom I have enormous respect, and I discussed the possibilities. Sgt. Norman explained that by the time I would have been fully trained as a Homicide detective, I would have been promoted to Sergeant and moved back to Patrol. Therefore, out of respect for Sgt. Norman and the incumbent Homicide detectives, I reluctantly passed on the opportunity. After being promoted, I went back to Patrol and also held assignments in Property Crimes, Community Liaison, Internal Affairs and IN/TAC (the Narcotics Tactical Entry Team) before another opportunity to serve in Homicide presented itself.

In addition to these full-time assignments, I also had the privilege of holding collateral duty assignments as an Officer Support and Hostage Negotiation Team member. Our Officer Support Team is made up of officers who have survived critical incidents, in my case it was an officer involved shooting. Although this was a horrendous experience, it provided me with a unique perspective on these incidents. The need for a thorough professional investigation, coupled with immediate psychological support for the involved personnel, cannot be understated. We are fortunate to have a very highly regarded Hostage Negotiation Team. The team is on call 24/7 and deploys with SWAT anytime there is a barricaded individual. To maintain our proficiency, team members travel throughout the year attending various conferences. Annually, the team hosts a conference of our own (which is no small undertaking) that attracts attendees from throughout the Midwest.

Finally, several years ago, I had the opportunity to transfer to Homicide. Since I never held an assignment in Homicide, I had, and still have, a great deal to learn. I read as many textbooks and attend as many training courses related to death investigation as I can. One of the frequent complaints I hear from the team is how difficult it is to find high quality homicide specific training, a perception that mirrors my own experience. Hearing our concerns, the Homicide Commander sent five of us to the IHIA’s symposium, which allowed us to begin forging a relationship with the IHIA to meet our training needs. To date, Homicide has been both very challenging and rewarding. The Homicide Team is made up of some phenomenal people who seemingly work miracles on a regular basis. Their incredible work and dedication never ceases to amaze me. Of course, none of these opportunities would have been possible if it were not for the support and patience of a very understanding woman, Jane.

MARCH 2023 | PAGE 6 IHIA MEMBER

FOLLOWING THE RULES OF MIRANDA - A VIOLATION OF MIRANDA RULES DOES NOT PROVIDE A BASIS FOR A 42 U.S.C. SECTION 1983 CLAIM

In a 6-3 decision in Vega v. Tekoh,1 the United States Supreme Court reversed and remanded a Circuit Court decision holding that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a Section 1983 claim against the officer who obtained the statement. The Supreme Court determined that a violation of Miranda is not itself a violation of the Fifth Amendment, and thus concluded there was no justification for “expanding Miranda to confer a right to sue under [Section] 1983.”

BACKGROUND

In March 2014, Terence Tekoh was working as a certified nursing assistant at a Los Angeles medical center. When a female patient accused him of sexually assaulting her, the hospital staff reported the accusation to the Los Angeles County Sheriff’s Department, and Sheriff’s Deputy Carlos Vega responded. Vega questioned Tekoh at length in the hospital, and Tekoh eventually provided a written statement apologizing for inappropriately touching the patient’s genitals. The parties disputed whether Vega used coercive investigatory techniques to extract the statement, but it was undisputed that he never informed Tekoh of his rights under Miranda v. Arizona, 384 U. S. 436 (1966). Miranda held that during a custodial interrogation police officers must inform a suspect that “he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning.” Id., at 479.

Tekoh was arrested and charged in California state court with unlawful sexual penetration. His written statement was admitted against him at trial. After the jury returned a verdict of not guilty, Tekoh sued Vega under 42 U.S.C. section 1983, seeking damages for alleged violations of his constitutional rights, including his Fifth Amendment right against compelled self-incrimination. After a trial, the jury found in Vega’s favor.

The Ninth Circuit Court of Appeals held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a Section 1983 claim against the officer who obtained the statement. The Circuit Court understood the Supreme Court’s decision in Dickerson v. United States, 530 U. S. 428 (2000)

to have made clear that the right of a criminal defendant against having an un-Mirandized statement introduced in the prosecution’s case in chief is a right secured by the Constitution. The Ninth Circuit therefore concluded that Tekoh could establish a violation of his Fifth Amendment right against compelled self-incrimination simply by showing that Miranda had been violated. The Court of Appeals remanded the case for a new trial. Vega’s petition for rehearing en banc was denied, but seven judges dissented from the denial of rehearing. The United States Supreme Court granted certiorari.

DISCUSSION

The United States Supreme Court noted that Section 1983 provides a cause of action against any person acting under color of state law who “subjects” a person or “causes [a person] to be subjected . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.”

READ FULL ARTICLE HERE

MARCH 2023 | PAGE 7

IMPACTED BY COLD CASE VIOLENT CRIMES

Renewing a cold case violent crime investigation may require engaging several individuals to relay new information, clarify prior efforts and decisions, or discuss the return or destruction of property that was originally collected through investigative actions.

A need often exists to communicate with individuals— other than those identified as next of kin and victims— who have been impacted by reported crimes; those individuals are collectively referred to as co-victims or survivors and can include romantic partners, close friends, roommates, colleagues, or other family members who are not legally next of kin.

Law enforcement officials and prosecutors are invested in solving these cases because they have authority over the investigation of violent crimes and over decisions related to legal accountability, respectively. Co-victims/survivors are often just as invested on an emotional level in the progress of cases, and these individuals often express a desire for routine and timely updates and communication.

Additionally, having access to case-related information can influence co-victims’/survivors’ responses and decisions related to a crime’s psychological, physical, social, and economic effects. For example, sharing information about a suspect’s status may affect overall stress levels for those impacted by crime and allow them to use the information for key decisions related to housing and safety concerns.

Justice system professionals may believe that they can cause emotional harm by sharing information that is not meaningful or involves details that are too distressing. This belief can lead to minimizing contact with those impacted by cold case violent crimes in an attempt to shield them from potentially upsetting information. However, when these individuals do not receive additional communication and are contacted only to serve as a potential source for case information, they may experience a lack of control and develop negative impressions of the justice system— resulting in downstream engagement issues.

As information gatekeepers, justice system professionals are encouraged to embrace the potential not only to minimize harm but also to facilitate positive outcomes. Developing balanced and consistent communication plans allows justice system professionals to foster trust with co-victims/survivors, creating a mutually beneficial relationship that enhances investigators’ ability to access comprehensive information from co-

victims/survivors. This approach aids the investigation and improves case outcomes, while meeting the needs of those impacted by violent crime.

MARCH 2023 | PAGE 8 SETTING CLEAR COMMUNICATIONS - COMMUNICATING WITH INDIVIDUALS
READ FULL ARTICLE HERE

IMPORTANCE OF COLLECTING DNA - CONCERNING THE CONSTITUTIONALITY OF MANDATORY DNA COLLECTION PRE-CONVICTION

SUMMARY

In a 5-4 opinion authored by Justice Kennedy, the Supreme Court ruled that suspicion less collection of the DNA of those arrested for a serious crime did not violate the Fourth Amendment. The reasonableness of a search is determined by weighing the government’s interest in collection with the degree to which the search intrudes on privacy. The Court found that although swabbing an arrestee’s cheek for DNA collection did constitute a search, the minimal physical invasiveness of the collection technique was important in evaluating the reasonableness of the search. Additionally, arrestees enjoy a diminished expectation of privacy. Kennedy found that the government’s interest in identifying arrestees, including discovering one’s criminal history, weighed strongly in favor of collecting DNA samples, as this is a highly effective form of identification. The Court analogized to police practices of taking photographs or collecting fingerprints of arrestees, finding that the DNA collection merely served the same function more effectively. Ultimately, the Court weighed what it characterized as a minimal physical intrusion against the potential of DNA to provide law enforcement with valuable information about arrestees, concluding that DNA collection was a reasonable Fourth Amendment search.

Justice Scalia’s four-Justice dissent argued that the Fourth Amendment categorically forbids suspicion less searches justified only by the government’s interest in detecting crime. Scalia challenged the majority’s assertion that the government’s interest in collection was identification of arrestees, arguing instead that the DNA collection was meant to detect crimes. Such a purpose made the search the type of indiscriminate, general search that the Fourth Amendment was meant to protect against.

QUESTIONS PRESENTED

Whether the Fourth Amendment allows the states to collect and analyze DNA from people arrested and charged with serious crimes.

BACKGROUND

The Maryland Supreme Court recently considered the constitutionality of certain portions of Maryland’s DNA Collection Act, amended in 2008, which allows collection of DNA samples from “individuals arrested for crimes (or attempted crimes) of violence or burglary prior to being found guilty or pleading guilty.” King v. State of Maryland, 42 A.3d 549 (Md. 2012). The court in King held that the

warrantless collection of defendant Alonzo King’s DNA upon his arrest violated the Fourth Amendment. The U.S. Supreme Court then granted certiorari to hear the case.

FACTUAL BACKGROUND

Alonzo King was arrested in Maryland for assault in April 2009. At the time of his arrest, pursuant to the Maryland DNA Collection Act, police collected a DNA sample from him using a cheek swab. The Act requires law enforcement to collect DNA samples from all individuals arrested for violent crimes. This sample was processed and profiled, then entered into a law enforcement database and compared to DNA profiles from unsolved “cold” cases. King’s DNA matched a sample gathered from an unsolved sexual assault in 2003.

With a “hit” from the DNA database as the sole piece of probable cause against King, a grand jury indicted him on ten charges, including rape. The police obtained a search warrant to collect a second DNA sample, via buccal swab, from King to investigate these new charges. The second buccal swab also matched the DNA sample taken from the sexual assault. This new evidence ultimately led to King being convicted of rape and sentenced to life without parole.

MARCH 2023 | PAGE 9
READ FULL ARTICLE HERE

DETAINING WITNESSES

“Where a crime may have been committed and a suspect or important witness is about to disappear, it seems irrational to deprive the officer of the opportunity to ‘freeze’ the situation for a short time, so that he may make inquiry and arrive at a considered judgment about further action to be taken.”1

For various reasons, most people who witness crimes are willing to cooperate with the police. The victim may have been a friend or relative, they may feel morally outraged at what the perpetrator did, or they may just have a strong sense of civic responsibility. In any event, most witnesses will assist officers if they can. They may even show up in court when they’re subpoenaed.

Others, however, aren’t so forthcoming. Often, they’re just afraid. Afraid of retaliation. Afraid of the police. Afraid of the courts. Or, as is often the case, they just don’t want to “get involved.”

When officers encounter such a witness, they need to know their legal options. Can they detain the witness? If he’s in a moving vehicle, can they make a car stop? Can they require a witness to identify himself? Or is there nothing officers can do except allow the witness to disappear?

Although these precise issues have not yet been resolved by the United States Supreme Court or the appellate courts of California,2 these courts and others have discussed, analyzed, and ruled on a sufficient number of closely-related issues that it is now possible to make an informed judgment as to an officer’s options in situations such as these. As we will now discuss, a detention of a witness ought to be upheld if it qualifies as a so-called “special needs” detention.

WHAT ARE SPECIAL NEEDS DETENTIONS?

There are essentially two kinds of detentions: (1) investigative, and (2) special needs. The most common, of course, is the investigative detention in which officers stop a person because they have reason to believe he committed a crime. A “special needs” or “suspicionless” detention, on the other hand, is justified by some legitimate law enforcement need other than the need to temporarily stop and question a suspect.3

Actually, a special needs detention is nothing more than a fact-specific application of the familiar doctrine of exigent circumstances.4 Under this doctrine, if there exists a “specially pressing or urgent law enforcement need” and if there is no time to obtain a

warrant, officers may do what is reasonably necessary to maintain the status quo or, if possible, diffuse the situation.5

Two well-known examples of “special needs” detentions are international border checkpoints and DUI checkpoints. In both of these police actions, officers are permitted to briefly detain people because there is a sufficiently strong need for it, even though there is no reason to believe the people who were detained committed a crime.6 More recently, the courts have recognized the need to conduct special needs detentions in situations not involving fixed checkpoints, specifically:

OCCUPANTS OF DRUG HOUSE :

Officers arriving at a residence to execute a warrant for drugs may detain everyone inside the house.7

ARRIVALS AT DRUG HOUSE:

Officers arriving at a residence to execute a warrant for drugs may detain all people who arrive at about the same time, and whose identity and connection to the premises are unknown and cannot immediately be ascertained.8

VISITORS OF PROBATIONER/ PAROLEE:

Officers arriving at a residence to conduct a probation or parole search may detain all visitors to determine if any are felons. The purpose is to determine if the probationer/ parolee is violating the terms of release by associating with felons.9

READ FULL ARTICLE HERE

MARCH 2023 | PAGE 10
MARCH 2023 | PAGE 11

BASIC HOMICIDE INVESTIGATIONS COURSE (SOUTHERN/EASTERN)

April 10-14, 2023

Louisville, Kentucky

BASIC HOMICIDE INVESTIGATIONS COURSE (WESTERN REGION)

May 22 – May 26, 2023

Riverside, California

BASIC HOMICIDE INVESTIGATIONS COURSE (EASTERN REGION)

May 22-26, 2023

Columbus, Ohio

ADVANCED HOMICIDE & VIOLENT CRIMES INVESTIGATION COURSE

May 22 – May 26, 2023

Colorado Springs, Colorado

MASS CASUALTY/ACTIVE SHOOTER INVESTIGATIONS COURSE

June 5 – Jun 9, 2023

Columbus, Ohio

COLD CASE/NO-BODY HOMICIDE INVESTIGATION & PROSECUTION

JUNE 26-29, 2023

Nashville, Tennessee

BASIC HOMICIDE INVESTIGATIONS COURSE (NORTHERN REGION)

July 10-14, 2023

Omaha, Nebraska

29TH ANNUAL HOMICIDE TRAINING SYMPOSIUM

August 7 - 11, 2023

Oklahoma City, Oklahoma

CHILD & INFANT DEATH INVESTIGATION COURSE

September 18, 2023

New Orleans, Louisiana

LEARN MORE ABOUT TRAINING OPPORTUNITIES HERE

REGIONAL MARKETING OPPORTUNITIES

As a company investing time and resources to the Law Enforcement Homicide Investigator’s field, you have an opportunity as an exhibitor or sponsor to visit with these investigators to enhance your relationship with each individual and their departments. Enhance your company’s exposure and your relationship with these investigators and their departments at one of these new events. Please contact Collette Csintyan collette@cypressplanninggroup.com

SPONSORSHIP RECEPTION $2,000 ($2000 exclusive, sponsorship will be shared with non-competing companies if exclusive is not secured.)

SPONSORED COFFEE OR SPONSORED BREAKFAST $500 each day

SPONSOR DAY $500 each day

Be the exclusive sponsor of a specific day at this event. You may come in meet with the attendees, mingle, accompany them to Lunch and so on. A few minutes will be provided to introduce yourself to the attendees and pass out information.

Investigative Quarterly Newsletter Ads

The IHIA e-Newsletter is e-mailed to over 9000 readers quarterly. The e-Newsletter is placed on the IHIA website for members. Advertising spaces are available to those companies wanting to reach the IHIA membership and are available in each issue.

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MARCH 2023 | PAGE 12
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