Question

You have been called to investigate a bank robbery that took place

during the banks normal operating hours. Once on scene you are told that a person came into the occupied bank, displayed a hand gun and forced one of the bank tellers at gun point to open her cash drawer. The teller complied with the suspect, the suspect then took all of the money in the cash drawer, fired a shot from their handgun into the ceiling and fled the bank. 

-What type(s) of evidence do you think you could collect from this scene? Be specific.
-Discuss the crime(s) that took place and whether they are a violation of state or federal law(s) and provide the correct case law reference for the violations.
-Discuss what you believe to be the two most important aspects regarding the identification and seizure of evidence in this case and why. 

Tip: https://www.findlaw.com/criminal/criminal-procedure/real-and-demonstrative-evidence.html
http://www.practicalhomicide.com/articles/LegalCS.htm
https://www.law.cornell.edu/rules/frcrmp/rule_41

Answer & Explanation
Verified Solved by verified expert

1. What type(s) of evidence do you think you could collect from this scene? Be specific.

 

Physical Evidence

As would be expected, evidence that is in the form of a tangible object, such as a firearm, fingerprints, rope purportedly used to strangle someone, or tire casts from a crime scene, is considered to be physical evidence. 

 

Physical evidence is also known as "real" or "material" evidence. It can be presented in court as an exhibit of a physical object, captured in still or moving images, described in text, audio or video or referred to in documents.

 

In the scenario Physical evidnece that invetigator collecte would be a 

  • Firearms or Ammunition
  • Impressions like shoe prints
  • Fingerprints

 Documentary Evidence

Most commonly considered to be written forms of proof, such as letters or wills, documentary evidence can also include other types of media, such as images, video or audio recordings, etc.

 

Documentary Evidence including

  • Video footages- which it can help th investigation can Identify the suspect/s
  • Letters- first respondent officer will write all the statement of the witness. And those statemenrs will use to the courts as a evidence. For example, the teller she is one of the witness because a robbery piom a gun on her. 

 

Testimonial Evidence or Direct Evidence
 

Testimonial Evidence

  • One of the most common forms of evidence, this is either spoken or written evidence given by a witness under oath. It can be gathered in court, at a deposition or through an affidavit

Direct Evidenc

  • The most powerful type of evidence, direct evidence requires no inference. 
  • The evidence alone is the proof. 
  • This could be the testimony of a witness who saw first-hand an incident of the bank robbery it can be tellee or a security. 
  • Or any person who witness the bank robbery. 

Forensic Evidence

Forensic Evidence is scientific evidence, such as DNA, trace evidence, fingerprints or ballistics reports, and can provide proof to establish a person's guilt or innocence. 

 

Forensic evidence is generally considered to be strong and reliable evidence and alongside helping to convict criminals, its role in exonerating the innocent has been well documented.

 

The term "forensic" means "for the courts". Its use in workplace investigations is generally limited to serious cases that may end up in court.

2. Bank robbery is the crime of stealing  money from a bank, specifically while bank employees and customers are subjected to force, violence, or a threat of violence. This refers to robbery of a bank branch or teller, as opposed to other bank-owned property, such as a train, armored car, or (historically) 

stagecoach. 

 

It is a federal crime in the United States.

According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, robbery is

 

 "The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence or by putting the victim in fear."
 

In the United States

 

Robbery is generally treated as an aggravated form of common law larceny. Specific elements and definitions differ from state to state.

 

The common elements of robbery are:

  • a trespassory 
  • taking and 
  • carrying away
  • of the personal property 
  • of another 
  • with the intent to steal
  • from the person or presence of the victim
  • by force or threat of force.

The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery.

From the person or presence of the victim - robbery requires that the property be taken directly from the person of the victim or from their presence. 

 

This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. 

 

Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings.

 

Property is in a person's presence when it is within the area of their immediate control. 

 

The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation.

By force or threat of force

  • The use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating the theft
  • Questions concerning the degree of force necessary for robbery have been the subject of much litigation. 
  • Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person.

For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation

  • The threat need not be directed at the victim personally. 
  • Threats to third parties are sufficient. 
  • The threat must be one of present rather than future personal harm. 
  • Fear does not mean "fright", it means apprehension an awareness of the danger of immediate bodily harm.
     

3. Physical Evidence

As would be expected, evidence that is in the form of a tangible object, such as a firearm, fingerprints, rope purportedly used to strangle someone, or tire casts from a crime scene, is considered to be physical evidence. 

 

Physical evidence is also known as "real" or "material" evidence. It can be presented in court as an exhibit of a physical object, captured in still or moving images, described in text, audio or video or referred to in documents.

 

In the scenario Physical evidnece that invetigator collecte would be a 

  • Firearms or Ammunition
  • Impressions like shoe prints
  • Fingerprints

Testimonial Evidence or Direct Evidence
 

Testimonial Evidence

  • One of the most common forms of evidence, this is either spoken or written evidence given by a witness under oath. It can be gathered in court, at a deposition or through an affidavit

Direct Evidenc

  • The most powerful type of evidence, direct evidence requires no inference.
  • The evidence alone is the proof.
  • This could be the testimony of a witness who saw first-hand an incident of the bank robbery it can be tellee or a security.
  • Or any person who witness the bank robbery.
Step-by-step explanation

See here- https://www.law.cornell.edu/uscode/text/18/2113

Read more here- https://en.m.wikipedia.org/wiki/Bank_robbery